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This is an Illinois case. A body shop repairs a vehicle which had bee

Customer Question
This is an Illinois case...
This is an Illinois case.

A body shop repairs a vehicle which had been in an accident. The vehicle owner has no insurance, makes no payments and changes her address. Efforts to reach her are futile. Notice by certified mail is sent to owner and lender. Lender acknowledges receipt of notice, but since owner has moved with no forwarding address, she cannot be served by mail, and is served by publication in the newspaper.

Before the sale date published in the newspaper, repair shop sells car to third party, takes partial payment and transfers possession, but cannot transfer title because the auction has not occurred. At auction, mechanic is only bidder. Buyer makes several more payments. Mechanic and buyer go to currency exchange and mechanic causes title to transfer to buyer, who pays for title, license plate and sales tax. Mechanic retains seller's lien for balance of purchase price and awaits title showing his lien.

One month later, the Secretary of State sends no
Submitted: 6 years ago.Category: Legal
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5/1/2011
Lawyer: Law Educator, Esq., Attorney replied 6 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,583
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Who pays for the title, transfer and tax to the buyer? That is the buyer's responsibility unless something was negotiated in writing to the contrary. The seller has to pay for the title transfer into the seller's name so that they can properly transfer it to the buyer, but the buyer has to pay to transfer the title, plate and sales tax for his purchase.


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Customer reply replied 6 years ago

You have not stated my question in its entirety.

 

So the answer you provided is not to the question I asked.

 

Please review my entire question before responding.

 

Thank you.

 

Lawyer: Law Educator, Esq., Attorney replied 6 years ago
I did review the entire question and the issue is that the mechanic became the new owner of the vehicle or was seeking to become the new owner through the mechanic's lien. Before the shop could legally transfer title to the new buyer, the mechanic would have to obtain new title in their name through the mechanics lien. The cost of that title transfer would be on the mechanic's shop.

Then the mechanic would be able to transfer title to the new buyer and when they did it would be the liability of the buyer to pay those transfer fees.
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