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  #131  
Old 11-30-2016, 04:16 PM
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Quote:
Originally Posted by AV8R4AA View Post
You are somewhat correct.

A CLEAN title in the state of Texas is a title of the OWNER of the car.

In my case the title is in a DIFFERENT name than the OWNER.



Therefore, the seller, (also needs to be the OWNER) does NOT have a CLEAN title.



My seller is trying to sell a vehicle that the state recognizes it to be a different

OWNER.



Where I live its verboten to sell a motor vehicle if you don't own it.

A bill of sale means nothing here.


This just occurred to me, why didn't you just put in your name so it would've been like the original owner was selling it to you, it would've sped up the process instead of Joe blow having to go and get a title and pay more tax fees etc. kind of unorthodox but I don't know. But the title is clean, look at the carfax. My definition of clean is that the title is not salvage, rebuilt, tmu, etc. we have a few dealers and I've seen all types of titles.


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  #132  
Old 11-30-2016, 04:20 PM
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Quote:
Originally Posted by YazX5 View Post
This just occurred to me, why didn't you just put in your name so it would've been like the original owner was selling it to you, it would've sped up the process instead of Joe blow having to go and get a title and pay more tax fees etc. kind of unorthodox but I don't know. But the title is clean, look at the carfax. My definition of clean is that the title is not salvage, rebuilt, tmu, etc. we have a few dealers and I've seen all types of titles.
Because the guy signed it... but didn't register it. If he had left the back blank this would have been an option.

Quote:
Originally Posted by bcredliner View Post
Unless one of you is a licensed attorney for the country of Texas this is a dick dance.
This would be the case regardless of whether one of us, or both of us, was practicing law in this state. I could call up any number of attorney buddies to get a professional opinion on this... It still wouldn't matter as this is an internet discussion that has fallen victim to one of the classic blunders: the most famous of which is never get involved in a land war in Asia... but only slightly less known is never attempt to defend advice that was asked for on the internet. It's pointless. But as I said before advice was asked and it was given. No further action required.
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2006 X5 4.8is Build 11/05 Maintenance/Build Log
Nav, DSP, Pano, Running Boards, OEM Tow Hitch, Cold Weather Pckg (Purchased 08/15 w/ 90,500 miles)

2010 X5 35d Build 02/10
Nav, HiFi, 6 DVD, Sports Pckg, Cold Weather Pckg, HUD, CAS, Running Boards, Leather Dash, PDC, Pano (Purchased 03/17 w/ 136,120 miles)

Last edited by crystalworks; 11-30-2016 at 04:27 PM.
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  #133  
Old 11-30-2016, 04:25 PM
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Quote:
Originally Posted by crystalworks View Post
Because the guy signed it... but didn't register it. If he had left the back blank this would have been an option.


Right. Close to the same thing that happened to me. Seller put their name in the buyers section. DMV gave me a affidavit of correction… filled it in and they told me to scribble in the sellers info lol. Worked out just fine. I guess the dude made a new title might as well be patient and wait for it. Good luck.


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  #134  
Old 11-30-2016, 05:19 PM
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Quote:
Originally Posted by crystalworks View Post
You continue to buy/sell vehicles any way you see fit. I was giving him advice to his situation, on a TX sale, which I have experience with (15 vehicles now).
Yes, you were giving advice. It wasn't bad advice...I certainly agree with you to have a well written contract. Where we disagree is if that advice is sufficient to eliminate risk. It does not...that's all I am saying.


Quote:
Originally Posted by crystalworks View Post
I apologized because he asked for advice, it was given, and now he has a page and a half of back and forth. You may not care about respect towards others, but I certainly do. This is not my thread... so I apologized. If you would like to start a new thread so we can continue to go back and forth... great.
Who cares if there's a page and a half (or more)? As you said the OP has already entered into an agreement. What more advice is there to offer him?
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  #135  
Old 11-30-2016, 05:23 PM
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Quote:
Originally Posted by AV8R4AA View Post
Hey guys,
Let's ratchet this down a notch.
I appreciate everyone's opinion.
I WILL NOT buy this X5 until the seller has HIS name in the title.
I WILL NOT put any deposit money down.

As per Texas law, if you purchase a vehicle without a VALID CLEAR title,
You are purchasing very expensive (and in this case) very beautiful yard art.

Yes, there are ways to get the X5 other than my requirements.
I'm opting for the safe approach.

Way too many variables involved between (as stated earlier) 3 parties involved.

If this deal goes through, great!
If it doesn't, it wasn't meant to be.
Wise man! Unfortunately I've seen many people enter into a transaction that appeared good only to have it go bad and then the fighting begins. Better to have everything sorted out ahead of time and risk losing the vehicle than losing money and having a vehicle you can't do anything with. Apparently so has the DMV.
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  #136  
Old 11-30-2016, 05:26 PM
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Quote:
Originally Posted by bcredliner View Post
Unless one of you is a licensed attorney for the country of Texas this is a dick dance.
One doesn't need to be an attorney to understand the potential risks of a transaction.

Case in point: Most of us would refuse to sign over the title to a vehicle and let a stranger drive it away with payment made by personal check for $11K. Does one need to be an attorney to understand this risk? I hope not!
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  #137  
Old 11-30-2016, 05:28 PM
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Quote:
Originally Posted by YazX5 View Post
Guys the title is clean, the only issue is that the seller doesn't have a title in HIS name yet. He claims that he transferred it to his name, so now just wait until he gets the title, verify that it's in his name, and then buy it it's as simple as that. Why is this so complicated lol.
This has been my exact recommendation. Unfortunately others believe the transaction should be completed before the seller has a clear title in his name in hand.
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  #138  
Old 11-30-2016, 06:29 PM
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2005 X5 4.4i Build 04/05 Maintenance/Build Log
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2006 X5 4.8is Build 11/05 Maintenance/Build Log
Nav, DSP, Pano, Running Boards, OEM Tow Hitch, Cold Weather Pckg (Purchased 08/15 w/ 90,500 miles)

2010 X5 35d Build 02/10
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  #139  
Old 11-30-2016, 07:43 PM
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My FINAL thoughts

Here is the known truth.
The Government ALWAYS gets their money.

They have the manpower to pursue it to the ends of the USA.

I would recommend this to any person buying a car.

Call or get online to your specific State DMV.
They have the answer.

I learned (thankfully) that had I slapped down the cash and driven the car away,
I would have a very difficult and expensive mess on my hands.

Many people believe that a bill of sale is good enough.
Where I live it is used for toilet paper.
It means nothing more than proof that you bought a vehicle.
Probably not notarized, it's worthless.

I did learn that in my state, you can type in the VIN.
it will spit back a taxable dollar amount.
Surprisingly, my X5 of interest is "worth" or taxable value is 80% of 3600 dollars.
As I have done every time in the past, I tell the tax collector what I ACTUALLY paid for the vehicle.

It is THOUSANDS more than the minimum tax that WILL be assessed.

From here on out I will tell them I paid 5 dollars more than their
"Taxable value"

If you are a tax collector please disregard this posting.
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Last edited by AV8R4AA; 11-30-2016 at 07:48 PM.
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  #140  
Old 11-30-2016, 08:28 PM
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Quote:
Originally Posted by AV8R4AA View Post
I learned (thankfully) that had I slapped down the cash and driven the car away,
I would have a very difficult and expensive mess on my hands.
To satisfy my own curiosity... did they explain to you why this was?

Oh, and yes... always find out the assumed value. Unfortunately you have to have a seller who will play ball with you for that to work. I had to pay full pop on the sales price of $10500 for her mtec X3 because the seller wanted everything notarized and done at the bank. Application for title, filling out the title, and bill of sale. No fudging numbers in that case...
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2005 X5 4.4i Build 04/05 Maintenance/Build Log
Nav, Pano, Sport (Purchased 06/14 w/ 109,000 miles) (Sold 8/15 w/121,000 miles)


2006 X5 4.8is Build 11/05 Maintenance/Build Log
Nav, DSP, Pano, Running Boards, OEM Tow Hitch, Cold Weather Pckg (Purchased 08/15 w/ 90,500 miles)

2010 X5 35d Build 02/10
Nav, HiFi, 6 DVD, Sports Pckg, Cold Weather Pckg, HUD, CAS, Running Boards, Leather Dash, PDC, Pano (Purchased 03/17 w/ 136,120 miles)
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