bought vehicle, got wrong title

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  #1  
Old 11-11-06, 10:57 AM
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bought vehicle, got wrong title

Recently bought an old van. Title says '85. Vin says 87. Found out the guy had two vans. He gave me the wrong title. He owes money on the van I got. Trying to say he made a mistake, he thought he owed money on the other van. Now wants to pay me back in installments. Also when he finally got in touch with me, got me to read the vin on the title I got back to him on the phone. I'm thinking he will apply for a replacement title for the van he still has and string me along. anybody in th eknow, how would you handle this situation. The finance company does seem upset at all about him selling their collateral. Local lisence commisioner does not seem bothered by it either. Seems like everyone downtown I call passes me offt o someone else. How do you not kow your vehicles apart. He put '85 van on the bill of sale himself. Even if he thought he had borrowed money on the '85, he knew it was the '87 he was selling. Besides that, if he thought he owed money on th e'.... Anyway,I'm thinking theft by deception at the very least. I've had this thing for going on 3 months now.
 
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Old 11-11-06, 11:32 AM
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it would seem you are the owner of an 85 van. Is it worth the money you paid? If so, I would go collect my 85 and figure it's a done deal.

If you want to rescind the deal, you may have a tough time proving anything since you accepted a reciept that states "85" rather than 87. The title yougot also states 85. So, did you think you were buying an 85 or an 87.

The bank deosn;t care since he didn;t sell their collaterall. You have the title and reciept for a van they don;t have a lein on.

Either go pickup the 85 or call the district attorney's office to see if they will consider filing charges against him. From the value involved, I suspect small claims has a large enough limit to allow a suit against this guy. You might try suing him for a recision of the sale but again, you are going to have to explain to the judge why you thought you were buying an 87 but accepted a title and reciept that clearly state 85.
 
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Old 11-11-06, 11:49 AM
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"explain to the judge why you thought you were buying an 87 but accepted a title and reciept that clearly state 85."

I must have worde this wrong. I was told I was buying an 85. I thought I drove an 85 home. Checked numbers and found out it is an 87. The one he owes money on. Don't even know if he still has the 85. I suspect maybe he took the engine from the 85 and put it in the 87 then sold the 87 as an 85. He mentioned trading me an 84 chevy. I think he thought I would not check the vin on the van I got and just go buy a tag, ins, etc.. It could have happed too!

I reiterate, I did not know I was getting anything but what was on the title and bill of sale.
 
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Old 11-11-06, 12:02 PM
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ok then, your choices as I see them:

1. go get the 85 (if he has it and you actually want it)

2.sue him (hopefully small claims has a large enough limit to allow this) for the recission of the sale and return the van to him (only after the court makes a decision)

3. call the DA to explore possible criminal charges against him.

2 and 3 can both be sought at the same time if desired. 3 will often not return any money to you without additional actions and maybe not at all.
 
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