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I bought a car from a mom and pop repair shop this week.

Customer Question
I bought a car...

I bought a car from a mom and pop repair shop this week. They skipped title and I didn't find out until I went to the DMV. The car is over 10 years old. DMV said I could get a Power of Attorney form completed. But by whom? The repair shop? Or the owner on the title?

Lawyer's Assistant: What state is this in? And how old is the car?

Illinois. THe car is a 2006

Lawyer's Assistant: Has anything been filed or reported?

Just the sales/use tax on the purchase

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all

Submitted: 9 months ago.Category: Legal
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Answered in 1 minute by:
9/20/2017
Lawyer: legalgems, Lawyer replied 9 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,392
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 9 months ago

So to be clear you purchased a car from a repair shop (not a dealer) and they didn't provide title?

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Customer reply replied 9 months ago
They provided title - but it was the original owner on the title, not the shop. But the bill of sale was with the shop
Customer reply replied 9 months ago
hello?
Lawyer: legalgems, Lawyer replied 9 months ago

Thank you;

the certificate of title must be signed by the named owner in the assignment section; without this title cannot be transferred unless the DMV allows a bonded title (only the DMV can state if this car is eligible for this).

Basically after confirming that the car is eligible, the new owner can provide a bill of sale and a notarized letter as to how they came into ownership; this along with a written appraisal as to the value of the car - hello - I'm still here;

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Customer reply replied 9 months ago
OK so the original owner must be the assignee of the Power of Attorney?
Lawyer: legalgems, Lawyer replied 9 months ago

would need to be brought to a surety bonding company; basically the amount must be 1.5 times the value of the car; then the owner will receive a bonded title.

If a person makes a claim the bond would pay out (true owner).

The original owner can sign a power of attorney giving the repair shop authority to sign their name to the title as agent.

If the owner was not aware of the sale, then they can sue for possession; the buyer can sue the seller of the car based on fraud and misrepresentation.

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Customer reply replied 9 months ago
Thank you
Lawyer: legalgems, Lawyer replied 9 months ago

You are most welcome.

Questions?

Post here please

No further questions?

kindly rate positively!

all information is legal

information only and

does not constitute

specific legal advice

or a particular course

of action. Thank you.

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Lawyer: legalgems, Lawyer replied 9 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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