Toshima

I sold my 93 sc300 5speed about 8 months ago. I got a letter saying a tow company about 4 hours away have my car and want me to go pick it up. The guy I sold my car to sold it to another guy and who knows what happened after that, But no one ever changed the title out of my name. I called the tax place were you go to change the titles and they said in texas eyes its still my car and I can go get it. I also called the cops and they told me the same thing. But I dont want to go get it out and have someone show up and want it back. Its about $400 to get it out right now. Its been in there for a week, and the tow company said no one has call on it but me. So should I got get it or just let it go? I would like to have it back if no one wants it.

Mike552

Please don't take what I am about to say as any kind of legal advice, but from the law's perspective, and given the facts that you've stated (and assuming there are no underlying issues we don't know about) the car appears to be legally yours.
The fact that the title was never changed out of your name leaves you with responsibility towards it, and it would be careless of you to ignore the fact that your proerty is sitting somewhere, accumulating costs that in the end, would appear that you would be responsible for. This is especially trues since you've been given notice of the fact that the car is sitting there, and so at this point you can't ignore doing SOMETHING about it.

It appears that you only have two choices after you go look at the car:
1. Make a good faith attempt to contact this person to see if they are at all interested in getting the car back, and if you can't get a hold of them, then the car is your. You can take an extra precautionary measure and place a small ad in the local newspaper, saying that you are the original owner, you sold it, but now you can't get in touch with owner. In the eyes of the law this is known as constructive notice, and you'd probably be safe in the eyes of the law once you've taken all these steps.
2. Say **** it, pick up the car, get it home, (place an ad if you want) and keep it. (So this is essentially the same as option 1 except that you make no effort to contact the owner therefore giving ACTUAL notice... this is still fine in the eyes of the law in MOST jurisdictions).

3. Keep in mind that the guy you sold it to might come around looking for it, and that's a whole other issue to deal with outside of what is legal or not legal.

Again, I am NOT a lawyer, and the above is in no way intended to be any kind of legal advice, but just an opinion based on the little that I know.

TechGreek

iTrader: (4)

If you don't get it, it's going to auction. Go get it and make some money!

ZachTriggs

If the cops, title place, and towing place say its ok.. get it! The ad thing mike552 mentioned would be good to do as well. Get enough paper work from the cops or whoever saying its ok for you to have it.

good2go

iTrader: (6)

** sigh **
Sometimes I don't know about you Texans

Why didn't you send in the transfer of ownership YOURSELF when you originally sold the car ?? . . . Specifically to cover your own A** as far as liability concerns. There's no law preventing YOU from notifying DMV that you changed ownership and title of the car. Then none of this mess could have happened in the first place

$.02

gnguru

Well, here is your second screw up (the first one was selling the car to someone that wasn't going to transfer the title into their own name). It's too late now but I'm letting you know this for any future sales and for anyone else reading this post. In Texas (and all 50 states have some kind of similar form) within 30 days of selling a vehicle you should file a Form VTR-346 = Texas Motor Vehicle Transfer Notification with the Texas DMV. Of course the sooner the better but this form releases you from all liability of the vehicle. You don't need the buyer's signature on the form, just all the pertinent info like buyer's name and address and of course the vehicle info. Had the vehicle been involved in a serious accident resulting in property damage or personal injury, you could have been sued as the registered owner even if you weren't driving the vehicle. However, now that the vehicle is in a tow company's possession, you don't really have to worry about any liability. If you don't pick up the car, it will be auctioned off and the wrecker company will obtain a new title for the new owner through the Texas DMV. They do have to keep the car for a certain amount of time before they can auction it off and eventually they will send you a certified letter notifying you that they have the car and what the towing and storage charges are up to the date of the letter. No need to get alarmed when you get the letter. They are required by law to send it to you per DMV regulations. Contrary to what anyone has told you, nothing will go against your credit rating for any unpaid fees. The wrecker companies love it when people don't pick up their vehicles as they generally make more money selling the car either as a driver or even as junk to a wrecking yard. Trust me, I know as I have a friend in Dallas that owns several towing companies. Now, if the car is worth alot more than the fees involved and you want it back, I'd go get it as legally it is still your car. However, either the wrecker company or police should be able to tell you why the vehicle was towed which should be of concern to you. Such as the driver might have been DUI and could find out through the first buyer that you now have "his" (using that term loosely) car and may come looking for you instead of the car, if you get my drift. Also, I believe that certain cities in Texas will tow a vehicle if the driver cannot produce a proof of insurance card and this could be what happened to your car since they didn't bother to transfer the title. Anyway, good luck with whatever you do and you can check out that Form VTR-346 online.

My $.05 worth!!

laurante

take the car back. part it out. then he won't find it.

it's like a legal chop shop!

Kyle1JZ

+1

kennedy428

I'm not sure about texas law. How ever in CA if this happened and you got the car out it would be considered theft. How ever since the police told you to go get it, I'm assuming your laws and a little different.

MattStarr

The only problem I see with this is that unless the person who had the vehicle was a complete tard-face and left the title in the car, the person who has the title with your signature on it could come after you and possibly even press GTA charges. I dont know what everyone here is talking, title transfers and what-not but here in CO if you sign your name in the seller line on the back of the title, anyone could go and sign their name in the buyer lines and that vehicle is no longer yours.

On the other hand, if the title is in the car, burn it, go to the DMV and tell them you lost your title and give them the VIN# and your drivers license BAM, done and done.

gnguru

If you do chop it and it's got a Nakamichi radio - I'll buy the main amp from ya..........

Joey-E

iTrader: (1)

Let it be...You sold it.

jcvo92

get it back, worst case, if the real owner can prove its his, make him pay how much you paid to get it out plus gas and etc... if not, you get a free caR!

Sc4Jr24

find the title, get a copy and show the impound and tax place. or once you get the title sell the car again. Is there anything wrong with it, why did it get towed?

Rory

how would it be theft??!! its legally still his car, can you steal your own stuff? theres no mention of any legal contract referring to the sale of the car, its not the OP's screw up at all,its those other buyers after him

there is no legal obligation to any of the buyers since the OP sold it, only a moral obligation, I know what i'd do...