My daughter bought a car from a small dealership and at the same time traded her old car. The dealer let her take the old plates and drive the new (used) car off the lot that day. Apparently in Mass she has 7 days on the old plates. We mailed the title for her old car (which had been in my name) to the dealer.
That was days ago, and he still hasn't registered the new car for her--he initially said he'd do all the registry business when he received the old car title from us, and then mail her the plates. It's been almost 7 days and she won't be able to drive the car she bought. I've called the dealer and given him a verbal ultimatum, but I have little hope that he'll comply or refund her.
The police told my daughter this was a matter for the courts. Whom do I call to start legal proceedings? Consumer agency or lawyer? If he disappears or refuses to respond, what do we do with the unregisterable car?
Many Thanks
In your state, people are directed to investigate ownership before BUYING any car.
Under the Attorney General's Motor Vehicle Regulations, you must receive the title (or it must be sent to the lienholder) on the date of delivery. Dealers may sometimes have trouble getting title to a car on which they are paying off a previous owner's loan. Do not take delivery of a car without title — this may mean the car has an unpaid loan in another state, or other problems, which may take time to resolve. A missing title is a red light. Do not take the car home.
The "certificate of title" is the document that states who owns the vehicle. Before you agree to purchase or lease a used car, ask to see the title and examine it closely. Do not buy or lease a car if the seller cannot produce the title. This is a red flag indicating the possibility that the car may not be paid for yet, or that it is being sold or leased without the owner's permission.
If you are buying from a private seller, the name on the title should be the same as the name of the seller. If it is not, ask why not, and find out whether the seller is authorized by the actual owner to sell the vehicle.
In a dealer sale or lease, the name on the title may be the former owner's or the dealer's. If title is in the dealer's name, ask why. The car may have been brokered to that dealer by another dealer, who decided not to sell it for some reason, or the car may have been bought at an auction. If the previous owner's name does not appear on the title, it is much more difficult to trace the history of the car.
When you examine the title:
Check to see that the numbers are clear, not written over or altered;
Compare the mileage listed on the title to the miles that appear on the odometer — if the number of miles on the car is less than the mileage on the title, the odometer may have been spun back;
Make sure there is no "lienholder" listed on the title. The lienholder (a bank, credit union or finance company) holds title until all payments are made;
Look at the Vehicle Identification Number (VIN) — the 17 digit/letter listing on the small metal plate you can see through the driver's side of the windshield or look on the driver's side door post — and compare it to the listing on the title. If they do not match, the title does not belong to that car. Note that if a state issued a replacement VIN to a salvage or previously stolen vehicle, the front driver's door hinge post will have the two letters of the state name and 6 digits.
You might start with your state's RMV. I'm sure they can help you, or direct you to the correct party.:
http://www.massrmv.com/rmv/forms/title.htm
http://www.masslegalhelp.org/consumer/buying-used-car
http://www.massconsumer.org/Carsmart2006/Chapter4.html
