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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23351
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Hello I live in AZ. My spouse purchased a car from Illinois.

Customer Question

Hello I live in AZ. My spouse purchased a car from Illinois. spouse got aXXXXXaway & drove it out here to az. i had the vehicle for 7days. I put it up for sale and sold it in az. The permit is not to expire til 8/16. The new owner called and said he checked the title and everything was clear no liens and such. But when he went to change the title he was flagged. Meaning he can't register the title under his name. I did do a bill of sale "as is" and we both signed and dated it. Is there anyway he may request a refund
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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The "as is" designation will cover most aspects of a vehicle sale and prevent the buyer from being able to return the vehicle and cancel the sale. However, one of the parts of the purchase contract that has to be fulfilled is the seller has to be able to transfer the car to the buyer so they can get title in their name.
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If whatever problem can't be cured so that the buyer can transfer the vehicle into their name, and it is something with the vehicle, not the buyer, then they could sue for breach of contract and cancel the sale. The purpose of a sale is to transfer legal ownership and that is evidenced by the title being transferred.
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But if there is something wrong with the buyer's license so he can't get it in his name, that is his problem.
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As an aside, it is definitely in your best interests to get the vehicle out of your name because if the person gets parking tickets and doesn't pay them or they get in an accident, it could come back on you as the registered owner of the vehicle.
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Thanks
Barrister
Expert:  Barrister replied 1 year ago.
I saw your other post about it being flagged... You just need to hit "reply" in this thread to respond so you aren't charged for another question.
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I notified customer service to close the other question so you aren't charged.
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Since the car should still be in spouse's name, she should be able to contact the DMV and just ask them if there is anything wrong with the title that is preventing it from being transferred.
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Thanks
Barrister
Customer: replied 1 year ago.
Wouldn't the vehicle flagged when my husband registered it for a 30-day drive away permit. It's only been 2 weeks.
Expert:  Barrister replied 1 year ago.
I would think so, that is why it may be some issue with the buyer, not the vehicle.
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23351
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Hello are you online
Expert:  Barrister replied 1 year ago.
Sorry I wasn't online last night...I should be on and off all day today though...
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Thanks
Barrister
Customer: replied 1 year ago.
It's about the title on the car . My husband was given a car. The owner signed it over to him. Again vehicle is from Illinois. Husband was told he doesn't need to register it. So husband got a 30 day drive away to AZ. My husband signed the car to me. I called the DMV and stated I want to sell the vehicle would I have to pay for registerstion if I sell before permit expires. I was advised no. So I did sell it and signed the title to the new owner. Also got a " bill of sale" signed by both parties and notarized. Yesterday new owner was trying to get a non-resident drive away, but was told that title can't be signed this many time only by a dealer. I myself called the DMV 3 times before made bill of sale. I was told all new buy requires is a bill of sake to receive permit. The new buyer did go to one of those smaller cash shop that also process car sticker etc. so now what do I do title is under new buyer. New but can't drive back to his state. I cant change the title. Did I go about this wrong. Or the small exition of the DMV is clueless
Expert:  Barrister replied 1 year ago.
Well, at this point, if the title has been transferred to the new buyer, then he owns the vehicle and it would be up to the buyer to figure out with his DMV how to get it registered so he can drive it. You didn't make any guarantees that he could register it, you just warranted that you had clear title and could transfer it to him, which you have done. It is up to the buyer to figure out how to get it registered to himself now.
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So to be very honest, I don't see this as your problem now...I would be willing to help him by supplying any paperwork he needed, but he wouldn't have any grounds to sue you for a refund..
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thanks
Barrister

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