Seller hasn't sent title after 6 months. What shall I do?

[GGR]

Hi all,

six months ago, I purchased a lot of two Citroen DS. One was supposed to have a clear title and the other one was for parts to finish the restoration of the first one. I paid the requested $7000 to the seller in Illinois via bank transfer and the seller delivered both cars little after in DC. However, he then told me he got confused among his various cars and that the DS in question had no title. He was to initiate a process for getting one in Illinois and send it to me as soon as he got it. Halas, the process seems to be much more cumbersome that the seller initially thought and to-date, he still was unable to get a title. He kept on telling me he was on it, and I do not have any reason to doubt it. However, after 6 months, I am stuck with two cars costing me storage. I did not start working on them so as not to loose any further money in case the issue cannot be solved, and so as for the seller to get the cars back in the state he delivered them to me in case of need.

Yesterday, seeing no progress, I sent him an e-mail asking him to return my money and get the cars back. He answered me he had no intention to buy the cars back, that he was still working on the title and that I will be getting it as promised.

I would like this issue to be sorted out one way or the other. In my view, the sale was not completed as the seller was not able to deliver a title as promised. So I don't think it is a question for the seller to buy the cars back, rather to reimburse me over a sale he was not able to complete. I have the cars and various email exchanges where he states he is working on the title. I do not have a title nor a bill of sale.

I would like to know what are my options. Taking a lawyer may end up costing me more than the value of the cars with no guarantee the seller will return my money. Small claims has a ceiling of $5000 and the issue involving two different states it may be a bit complicated. I am relatively new in the US and I am not that conversant with the options I have in this regard, so any help would be greatly appreciated. 

Thanks in  advance!

[Rolf-Dieter ✝︎]

GGR, PM sent ... hope it helps!

[mdsalemi]

GGR, if the car was titled and the title was lost, then it should be no issue for the seller to request one from the state, albeit at cost.
If it was never titled, you should be able to create a title with a valid bill of sale, and perhaps a letter from the seller with the proper VIN, any registration information, and then an inspection in your jurisdiction. That's what I had to do for my never previously titled SL. Every jurisdiction has rules and a procedure for creating a title for a previously non-titled vehicle.

[Flyair]

Unless the car was totalled, so I guess that maybe difficult or even impossible...

[kampala]

You may consider this ...

If the car was advertised having a title (and you have this ad, plus emails), you go to small claims not to return the cars but for the value of the title.  The cars are worth 7,000 with one title, now, they are worth 2000 without a title.  You sue in small claims for 5,000 since the seller advertised with title and he has not delivered.  You can break up the 5,000 with other costs if you like (storage, travel, etc). 

Small claims is not difficult except since you're out of state ... that part I am not familiar with.    If the seller been to small claims before he might change the court date as late as possible to mess with you.  There is a limit on these changes. 

Collecting after winning in small claims is another thing ...  If by chance you paid with a check, you can retrieve the canceled check and it will have his bank info ... if you win, you give this info to the clerk of the court and they will take the money out of his account without any prior notice (if he has that much in the account).  They will take whatever he has in the account up to the judgement amount. 

Good luck ... would like to know the eventual outcome.

[mdsalemi]

http://dmv.dc.gov/service/vehicle-titles  That's a start. Seems to me you need to call or visit the DMV to clarify precisely what you need.

Doing the small claims court in Illinois, when GGR is in DC might end up costing as much in travel and time than the whole thing is worth, factoring in of course, the ability to collect.

If you BOUGHT the cars, I presume you want them; then the issue is to simply get title(s) for them in DC. That will be an easier task.

If you search the DC DMV website there was even a title search for out of state vehicles...

Good luck.

[GGR]

Thanks all. I will pay a visit to the DC DMV and see what they say. I will take it from there.

[scoot]

There might be something you can do by having a lien sale to yourself.  Not sure how that works.