Xoutpost.com

Xoutpost.com (https://xoutpost.com/forums.php)
-   X5 (E53) Forum (https://xoutpost.com/bmw-sav-forums/x5-e53-forum/)
-   -   UPDATE -Does anyone know this 4.6is? No clean title :( (https://xoutpost.com/bmw-sav-forums/x5-e53-forum/105129-update-does-anyone-know-4-6is-no-clean-title.html)

bcredliner 11-29-2016 08:08 PM

Quote:

Originally Posted by AV8R4AA (Post 1094320)
I test drive the X5 again today.
A couple of 4.6 questions.

1) Does the tachometer yellow and red light stay on after warm up?
2) does the M62 coolant tank have a lollipop floating dipstick?
3) one of the rear heated seats was odd. The switch worked, but the 2 lights went out
within a minute or so. What's that mean?
4) This X5 has a much easier to turn the steering wheel.
My 4.4 is heavy on the wheel, comparably.
5). This X5 has the sliding cargo tray, do they work? Rattle a little bit?

Thank you Guys.

1--As the engine warms up some of the yellow lights go out but some yellow and the red remain to indicate that you should shift soon if it is in the yellow and if in the red you should have shifted before then
2--Yes, I broke mine off and when the water pump wore out years later I found a piece of it lodged in the pump.
3--Check if the seat is heating up. Guessing it is a problem with the electrical connection or the heating unit.
4--4.6 has speed sensitive steering
5--can't help don't have.

Joshdub 11-29-2016 08:23 PM

Quote:

Originally Posted by sunny5280 (Post 1094337)
You can specify whatever you want in the contract. It's nothing but words on a piece of paper and won't change the fact the buyer could get burned.

If the seller is unable to obtain a clear title and decides not to deal with it he has the money and the buyer has a vehicle he cannot use. Now the buyer has to either pursue recovery of the money from the seller or resolution to clear the title. Either way the buyer now has to deal with it.

You aren't going to get burned. Granted it could become an inconvenience but litigation will take care of it in short order. Provided you have your T's crossed and I's dotted you aren't taking any more liberties than when you normally buy a car.

Same situation when you buy from a dealer. You are hoping they follow through with their end of the bargain long after you have already paid and left with the vehicle.

bcredliner 11-29-2016 08:24 PM

Quote:

Originally Posted by crystalworks (Post 1094312)
I doubt he'd want to spend money on legal proceedings to avoid giving the title he knows he signed a document promising you. He'd lose, and then owe legal fees, atty fees, etc and most likely STILL have to give you the title.

Bottom line is, it's up to you as to how you proceed. I've done this when purchasing vehicles with liens on them and had no issue. The bank still has to send the title to the owner you are buying from with the lien release on it...

I don't know about anybody else but I am not an attorney even though I change my own oil.

sunny5280 11-29-2016 09:55 PM

Quote:

Originally Posted by Joshdub (Post 1094339)
You aren't going to get burned. Granted it could become an inconvenience but litigation will take care of it in short order. Provided you have your T's crossed and I's dotted you aren't taking any more liberties than when you normally buy a car.

Same situation when you buy from a dealer. You are hoping they follow through with their end of the bargain long after you have already paid and left with the vehicle.

Yes, because we all know litigation costs nothing and lawyers will do all of the work on your behalf so you can sit back and relax. Even if you win there's no guarantee he has the money to pay you.

A contract means nothing unless you're willing to go through the expense and hassle to enforce it.

crystalworks 11-29-2016 10:02 PM

Quote:

Originally Posted by bcredliner (Post 1094340)
I don't know about anybody else but I am not an attorney even though I change my own oil.

I stay at Holiday Inn Express very frequently...

Quote:

Originally Posted by sunny5280 (Post 1094326)
What if there's a problem with the title and he's unable to obtain a clean copy? He's got your money and you've got a truck you cannot use. If he wanted to wash his hands of it then it would be on your shoulders to attempt to recover your money. Otherwise he just walks away and you're stuck.

He registered it in his name... what would be wrong with the title? I suppose you could go with him to the DMV just to be sure he registered it? Short of that there is little that can go wrong where you wouldn't get a) the title or b) your money back. It may take some time... but you'd get it.

Look, it's fine... AV8R put a deposit down and is going with a transaction he is comfortable with. Dealing with sellers can be a PITA sometimes, but if you keep your ducks in a row... there is little that can go sideways. I have purchased vehicles using the method described (and sold vehicles as well BTW) and haven't had an issue.

I think most people here buy and sell few vehicles and are uncomfortable dealing with sellers, the DMV, and paperwork. In Texas, worst case scenario the OP could go for a "bonded" title at a whopping cost of $15.

sunny5280 11-29-2016 10:27 PM

Quote:

Originally Posted by crystalworks (Post 1094351)
He registered it in his name... what would be wrong with the title? I suppose you could go with him to the DMV just to be sure he registered it? Short of that there is little that can go wrong where you wouldn't get a) the title or b) your money back. It may take some time... but you'd get it.

Look, it's fine... AV8R put a deposit down and is going with a transaction he is comfortable with. Dealing with sellers can be a PITA sometimes, but if you keep your ducks in a row... there is little that can go sideways. I have purchased vehicles using the method described (and sold vehicles as well BTW) and haven't had an issue.

I think most people here buy and sell few vehicles and are uncomfortable dealing with sellers, the DMV, and paperwork. In Texas, worst case scenario the OP could go for a "bonded" title at a whopping cost of $15.

What could go wrong? I don't know...maybe there's an issue which is the reason behind him not having the title in his name already. The question is: Does a buyer want to risk $11K to find out what could go wrong?

As for getting the money back well, maybe. What if he wants to wash his hands of it and let you deal with the title issue? What if there's a lien that needs to be paid off? You'll now have to pay it off to clear the title. So you're out additional money. Want to use the contract to get your money back? What if he refuses? Do you litigate to recover it? How much is that going to cost? What if he doesn't have the money to return to you?

Here's another thought...what if you buy the car, there's an issue, you attempt to return it to him and he claims you damaged it and refuses to accept it back?

Better to avoid all this risk and just wait for him to have a clear title in hand and then buy it. A small down payment is reasonable but there's no guarantee he'll hold the vehicle for you. Want to go with a "bonded" title...don't know much about them but if they offer protection I'm all for it. Recall I did suggest the use of an escrow company.

In the end better to put down a small amount of money to show you're serious, wait for a clear title in hand, and then pay the balance and take possession of the vehicle.

Anhelenuk 11-29-2016 10:27 PM

I could of sold you mine for cheaper with slightly more miles on it. Granted it's not blue but it's black on black with navi,

crystalworks 11-29-2016 11:07 PM

Quote:

Originally Posted by sunny5280 (Post 1094353)
What could go wrong? I don't know...maybe there's an issue which is the reason behind him not having the title in his name already. The question is: Does a buyer want to risk $11K to find out what could go wrong?

As for getting the money back well, maybe. What if he wants to wash his hands of it and let you deal with the title issue? What if there's a lien that needs to be paid off? You'll now have to pay it off to clear the title. So you're out additional money. Want to use the contract to get your money back? What if he refuses? Do you litigate to recover it? How much is that going to cost? What if he doesn't have the money to return to you?

Here's another thought...what if you buy the car, there's an issue, you attempt to return it to him and he claims you damaged it and refuses to accept it back?

Better to avoid all this risk and just wait for him to have a clear title in hand and then buy it. A small down payment is reasonable but there's no guarantee he'll hold the vehicle for you. Want to go with a "bonded" title...don't know much about them but if they offer protection I'm all for it. Recall I did suggest the use of an escrow company.

In the end better to put down a small amount of money to show you're serious, wait for a clear title in hand, and then pay the balance and take possession of the vehicle.

Look it's fine... I stated when I posted the suggestion... it's what I would do. As far as I can tell AV8R made a transaction he's comfortable with.

Wait, I see you're from Colorado. Have you ever seen a Texas title? This could be why you didn't realize there was no lien. I'm from TX as is the AV8R so was giving him info that works for purchasing here. This method may not work all over the country.

sunny5280 11-30-2016 09:01 AM

Quote:

Originally Posted by crystalworks (Post 1094356)
Look it's fine... I stated when I posted the suggestion... it's what I would do. As far as I can tell AV8R made a transaction he's comfortable with.

I understand that's what you would do and apparently have done. If you're comfortable buying a vehicle this way that's fine. However you're offering advice to others. Advice that carries risk. I think it important to point out that merely having a solid, written contract does not negate the risk.

As for the OP and the transaction he made again he's welcome to make whatever transaction he's comfortable making. From what I've read the transaction is not structured the way you advised.

Quote:

Originally Posted by crystalworks (Post 1094356)
Wait, I see you're from Colorado. Have you ever seen a Texas title? This could be why you didn't realize there was no lien. I'm from TX as is the AV8R so was giving him info that works for purchasing here. This method may not work all over the country.

My comments are not focused on this specific transaction but rather buying and selling vehicles in general. Much like your advice (as evidenced when you mentioned this is how you have done it in the past). Thus my comments were in a general sense.

Having said that: How do we know there's not a lien against the vehicle? You're assuming everything is as it appears and there are no hidden gotchas. Despite UpAllNights commentary the likely reason it takes weeks to receive a title is because the DMV is performing a "title search" to ensure everything is in order.

Furthermore much of the concern is not with the seller but rather the individual who sold the seller the vehicle. Since the title isn't in the the sellers name there could be an issue with the transaction between the seller and who he bought the vehicle from. The seller is likely acting in good faith but he may find he's on the wrong end of a bad transaction. At this point he may decide to wash his hands of it and let the OP straighten out that mess.

But let's assume for the moment the seller wouldn't do that. What if the OP, purchased the vehicle as you had recommended, and had to return the vehicle? The seller, being an honest individual, is fine with returning all of the OPs money in exchange for the return of the vehicle. Sounds simple and straightforward...right? That is until we discover the OP has had to make repairs to the vehicle. Then what? Is the OP reimbursed for the repairs by the seller? What if the OP performs routine maintenance and has to return the vehicle? Is he reimbursed for this maintenance by the seller? What if the OP is involved with an accident in the vehicle and the transaction has to be unwound?

Do you consider these situations in your contracts? It appears as if you have not. This example assumes both buyer and seller have every intention of honoring the contract. But it illustrates, even with the best of intentions, things can become sticky despite those best intentions.

It sounds as if you've been fortunate in everything has gone as you assumed it would. I'm glad to hear that. While most transactions go as we believe they will there are a percentage that do not.

Joshdub 11-30-2016 10:27 AM

Does Colorado have some weird law where in a private party sale the buyer has a return period?


All times are GMT -4. The time now is 05:50 AM.

vBulletin, Copyright 2026, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.6.0
© 2017 Xoutpost.com. All rights reserved.