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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111450
Experience:  Attorney experienced in commercial litigation.
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I purchased a vehicle six years ago. I never got around

Customer Question

Hi,
I purchased a vehicle six years ago. I never got around to transferring the title in my name. Since the vehicle was just collecting dust in my driveway I decided to sell it. I found a buyer who signed a bill of sale for the vehicle. When I went to the Colorado DMV to have the title put in my name to send to the new buyer the DMV told me it was filled out incorrectly and the seller I purchased it from would need to obtain a duplicate title. I have tried contacting the seller, but no luck. The person I sold the vehicle is obviously upset, and is not thrilled with the idea of doing a bonded title. In the time mean time, the new owner has done $800 worth of upgrades to the vehicle. He is now wanting me to buy back the vehicle and pay for the upgrades. I have provided him with all the information I have. During the sale, he withheld $300 to hold onto until he received the title. $300 will cover the cost of a surety bond. Don't know if it matters, but this vehicle is 40 years old.
Submitted: 7 months ago.
Category: Consumer Protection Law
Customer: replied 7 months ago.
Ultimately I am looking for what is legal responsibility to buy back the vehicle, pay for the upgrades done, or is this a buyer beware scenario where the buyer is responsible for completing the bonding process since he bought a vehicle without a title knowingly and money was withheld in the absence of the title?
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, your lack of diligence in transferring title to your name may have caused an issue and you would have to do a bonded title or you would have to file suit in court against the person you purchased the vehicle from and use a private investigator to locate them and sue to "quiet title" which would mean the court would then be able to order title in your name upon proof of purchase.
This is unfortunately a common issue and there is no really simple way to deal with this. If he purchased the car with knowledge he may have to get bonded title, then this is on him and you are obligated to only give him the bonded title and not liable to pay for the accessories or buy the car back. When someone buys a used car and knew that it may have to get bonded title, evidenced by him holding back the $300 for the bond, then the onus is now on him to complete the bonded title and he does not have recourse to come back after you for canceling the sale.

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