LOL at this guy. Title issue drama inside.
01-23-2010, 05:55 PM
#31
The Pro to call.
Join Date: Jul 2003
Location: under cars.
Posts: 6,172
Likes: 0
Received 0 Likes
on
0 Posts
Re: LOL at this guy. Title issue drama inside.
in case you want the code sections:
http://leg1.state.va.us/cgi-bin/legp...+cod+46.2-1602
http://leg1.state.va.us/cgi-bin/legp...+cod+46.2-1602
Originally Posted by va code 46.2-1602
§ 46.2-1602. Certain sales prohibited; exceptions.
A. It shall be unlawful:
1. For any scrap metal processor to sell a vehicle or vehicle components or parts;
2. For any salvage pool to sell a salvage vehicle to any person who is not a scrap metal processor or licensed as a salvage dealer, rebuilder, demolisher, motor vehicle dealer, or vehicle removal operator;
3. For any person to sell a nonrepairable vehicle to any person who is not a scrap metal processor or licensed as a salvage dealer, demolisher, or vehicle removal operator; or
4. For any person to sell a rebuilt vehicle without first having disclosed the fact that the vehicle is a rebuilt vehicle to the buyer in writing on a form prescribed by the Commissioner.
B. Notwithstanding the provisions of subsection A of this section, it shall not be unlawful:
1. For a salvage dealer to sell vehicle components or parts to unlicensed persons; or
2. For an individual to dispose of a salvage vehicle acquired or retained for his own use when it has been acquired or retained and used in good faith and not for the purpose of avoiding the provisions of this chapter.
(1979, c. 401, § 46.1-550.6; 1988, cc. 842, 865; 1989, c. 727; 1992, c. 148.)
A. It shall be unlawful:
1. For any scrap metal processor to sell a vehicle or vehicle components or parts;
2. For any salvage pool to sell a salvage vehicle to any person who is not a scrap metal processor or licensed as a salvage dealer, rebuilder, demolisher, motor vehicle dealer, or vehicle removal operator;
3. For any person to sell a nonrepairable vehicle to any person who is not a scrap metal processor or licensed as a salvage dealer, demolisher, or vehicle removal operator; or
4. For any person to sell a rebuilt vehicle without first having disclosed the fact that the vehicle is a rebuilt vehicle to the buyer in writing on a form prescribed by the Commissioner.
B. Notwithstanding the provisions of subsection A of this section, it shall not be unlawful:
1. For a salvage dealer to sell vehicle components or parts to unlicensed persons; or
2. For an individual to dispose of a salvage vehicle acquired or retained for his own use when it has been acquired or retained and used in good faith and not for the purpose of avoiding the provisions of this chapter.
(1979, c. 401, § 46.1-550.6; 1988, cc. 842, 865; 1989, c. 727; 1992, c. 148.)
Originally Posted by va code 46.2-1604
46.2-1604. Rebuilders required to possess certificate of title.
Each rebuilder shall have in his possession a certificate of title assigned to him for each vehicle in his inventory for resale. If a rebuilder purchases a salvage vehicle to be used or sold for parts only, he shall conspicuously indicate on the salvage certificate that the vehicle will be sold or used as parts only and immediately forward the salvage certificate to the Department for cancellation. The Department shall issue a nonrepairable certificate for that vehicle.
(1979, c. 401, § 46.1-550.9; 1989, c. 727; 1992, c. 148.)
Each rebuilder shall have in his possession a certificate of title assigned to him for each vehicle in his inventory for resale. If a rebuilder purchases a salvage vehicle to be used or sold for parts only, he shall conspicuously indicate on the salvage certificate that the vehicle will be sold or used as parts only and immediately forward the salvage certificate to the Department for cancellation. The Department shall issue a nonrepairable certificate for that vehicle.
(1979, c. 401, § 46.1-550.9; 1989, c. 727; 1992, c. 148.)
Last edited by HatefulMechanic; 01-23-2010 at 05:58 PM.
01-23-2010, 06:00 PM
#32
NAZI mod
Thread Starter
Join Date: Oct 2008
Location: Virginia Beach
Posts: 1,218,276
Likes: 0
Received 0 Likes
on
0 Posts
Re: LOL at this guy. Title issue drama inside.
The father has a justifiable case, I would look things over myself.
The fact the selling dealer did not have it titled correctly is on them, I agree. But he is responsible for getting either a non-repairable certificate, a salvage title, or a branded title. You cannot legally sell a vehicle without some form of an ownership certificate that is legal.
The incorrectly repo'd title is not legal or valid from what I can tell from the info provided. I dont think anything is different between a dealer or an individual, but I cannot legally sell a vehicle I have for parts unless it has a title or a non-repairable certificate.
The fact the selling dealer did not have it titled correctly is on them, I agree. But he is responsible for getting either a non-repairable certificate, a salvage title, or a branded title. You cannot legally sell a vehicle without some form of an ownership certificate that is legal.
The incorrectly repo'd title is not legal or valid from what I can tell from the info provided. I dont think anything is different between a dealer or an individual, but I cannot legally sell a vehicle I have for parts unless it has a title or a non-repairable certificate.
I am currently looking up the laws regarding vehicles without titles.
but from what you are saying, that would mean everyone who sold a car without a title would have done so illegally.
01-23-2010, 06:01 PM
#33
The Pro to call.
Join Date: Jul 2003
Location: under cars.
Posts: 6,172
Likes: 0
Received 0 Likes
on
0 Posts
Re: LOL at this guy. Title issue drama inside.
it is not hard to get a salvage certificate if there is a faulty out of state title, I have done a few of them pretty easily.
there is a procedure, but the basics are in this code
Only reason I am putting this info up is cause yer buddy made mistakes on his end, the seller to him made mistakes, and the purchaser made mistakes.
Combined it dont make a fuck in court, the final purchaser has the right to sue him and will likely win unless it is taken care of soon.
there is a procedure, but the basics are in this code
Originally Posted by va code 46.2-1606
§ 46.2-1606. Certificates of title issued by other states.
The Commissioner may accept certificates of titles for salvage vehicles or other documents deemed appropriate by the Department issued by other states indicating a vehicle has been declared salvage, and shall carry forward all appropriate brands or indicators. If the vehicle has not been rebuilt and the requirements of § 46.2-1605 have not been met, the Department shall issue a salvage certificate for the vehicle.
(1979, c. 401, § 46.1-550.11; 1981, c. 9; 1989, c. 727; 1992, c. 148.)
The Commissioner may accept certificates of titles for salvage vehicles or other documents deemed appropriate by the Department issued by other states indicating a vehicle has been declared salvage, and shall carry forward all appropriate brands or indicators. If the vehicle has not been rebuilt and the requirements of § 46.2-1605 have not been met, the Department shall issue a salvage certificate for the vehicle.
(1979, c. 401, § 46.1-550.11; 1981, c. 9; 1989, c. 727; 1992, c. 148.)
Only reason I am putting this info up is cause yer buddy made mistakes on his end, the seller to him made mistakes, and the purchaser made mistakes.
Combined it dont make a fuck in court, the final purchaser has the right to sue him and will likely win unless it is taken care of soon.
01-23-2010, 06:05 PM
#34
NAZI mod
Thread Starter
Join Date: Oct 2008
Location: Virginia Beach
Posts: 1,218,276
Likes: 0
Received 0 Likes
on
0 Posts
Re: LOL at this guy. Title issue drama inside.
and can you find anything about selling a car without a title?
Steve TRIED to title the car twice and VA said no, they do not title out of state repo cars.
01-23-2010, 06:07 PM
#35
The Pro to call.
Join Date: Jul 2003
Location: under cars.
Posts: 6,172
Likes: 0
Received 0 Likes
on
0 Posts
Re: LOL at this guy. Title issue drama inside.
Fastest and cheapest way is to apply for a new ID number and get a title that way, but it is still a hard task to do.
People selling shells, parts cars, etc are required by law to sell it with a clear title or salvage certificate.
A lot of them slip through, but its still the law. The DMV and MVDB are very strict on these lately.
01-23-2010, 06:10 PM
#36
The Pro to call.
Join Date: Jul 2003
Location: under cars.
Posts: 6,172
Likes: 0
Received 0 Likes
on
0 Posts
Re: LOL at this guy. Title issue drama inside.
that only deals with salvge title/rebuilt vehicles though....this car had a repo title. Is there anything in there about that?
and can you find anything about selling a car without a title?
Steve TRIED to title the car twice and VA said no, they do not title out of state repo cars.
and can you find anything about selling a car without a title?
Steve TRIED to title the car twice and VA said no, they do not title out of state repo cars.
A repossession title is not hard to deal with, but it does involve some work. the DMV appears to have given them the correct information, but unless someone gets off their ass and does it, everyone involved is still up shits creek.
I am not sure on the code stating the vehicle has to be sold with a title, but I know it is referenced a couple of times. If I remember I will grab my books from the MVDB classes and ask around, but the basics are if it is real property it has a method of identification and a legal document proving ownership.
01-23-2010, 06:13 PM
#37
NAZI mod
Thread Starter
Join Date: Oct 2008
Location: Virginia Beach
Posts: 1,218,276
Likes: 0
Received 0 Likes
on
0 Posts
Re: LOL at this guy. Title issue drama inside.
one thing I think you may be overlooking-
this car has a South carolina REPOSESED title.
The car is to be titled in Iowa. And those codes say nothing about a private party selling a vehicle without a title...am i missing anything?
this car has a South carolina REPOSESED title.
The car is to be titled in Iowa. And those codes say nothing about a private party selling a vehicle without a title...am i missing anything?
01-23-2010, 06:17 PM
#38
The Pro to call.
Join Date: Jul 2003
Location: under cars.
Posts: 6,172
Likes: 0
Received 0 Likes
on
0 Posts
Re: LOL at this guy. Title issue drama inside.
I am not sure on the age requirement, but there are several references to 10 years being a point in which a car can be sold for parts, but I cannot find them in any of my books or online.
Bottom line is the VA DMV can charge him if he sold it and didnt title it in his name. Not paying the tax on it=title jumping.
Its bullshit, I agree. but they gotta get their revenue somehow.
I realize it has a SC repo title and its sold to a guy in IA.
The transaction took place in VA, which means he has to abide by VA laws.
Edit
yes it does have specifically in line 3 that a private party cannot do it!
Bottom line is the VA DMV can charge him if he sold it and didnt title it in his name. Not paying the tax on it=title jumping.
Its bullshit, I agree. but they gotta get their revenue somehow.
I realize it has a SC repo title and its sold to a guy in IA.
The transaction took place in VA, which means he has to abide by VA laws.
Edit
yes it does have specifically in line 3 that a private party cannot do it!
Last edited by HatefulMechanic; 01-23-2010 at 06:20 PM.
01-23-2010, 06:28 PM
#39
NAZI mod
Thread Starter
Join Date: Oct 2008
Location: Virginia Beach
Posts: 1,218,276
Likes: 0
Received 0 Likes
on
0 Posts
Re: LOL at this guy. Title issue drama inside.
In order for this to be resolved, all this guy has to do is call the dealership, and have them put the title in their name with the proper repo paperwork and then send the title to this guy. THATS IT.
He seems like he is being a dickhead and just pawning off the work onto steve. thats what we are getting out of the situation.
01-23-2010, 06:34 PM
#40
The Pro to call.
Join Date: Jul 2003
Location: under cars.
Posts: 6,172
Likes: 0
Received 0 Likes
on
0 Posts
Re: LOL at this guy. Title issue drama inside.
That only states that if the vehicle is non-repairable, this car only has a title with "lien" stamped on it. wouldnt that be different?
In order for this to be resolved, all this guy has to do is call the dealership, and have them put the title in their name with the proper repo paperwork and then send the title to this guy. THATS IT.
He seems like he is being a dickhead and just pawning off the work onto steve. thats what we are getting out of the situation.
In order for this to be resolved, all this guy has to do is call the dealership, and have them put the title in their name with the proper repo paperwork and then send the title to this guy. THATS IT.
He seems like he is being a dickhead and just pawning off the work onto steve. thats what we are getting out of the situation.
The dealer in SC cannot issue the title to the dude in IA, cause they are not the one that sold it to them.
Bottom line is "steve" has to get the vehicle in his name in some form, whether it be a repo title reissue, a salvage certificate, or whatever, then he signs it over to the IA dude.
the father is correct, and to be honest, I would be pretty happy he is giving this final opportunity to fix it, since its pretty apparent that both the seller and purchaser are not well versed in this situation.
cliff notes:
"steve" gets vehicle titled in his name from SC dealer.
"steve" signs title over to IA purchaser.
I really do not see what the big deal is here, it is standard procedure for selling a vehicle.