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CampinDivas 09-12-2013 01:16 PM

Title Issues / Need Transferring Help
 
We just purchased a new travel trailer in Texas where we live. Made sure the guy had a good title, but here is the story: Previous owner never put the title in his name since he only planned to keep one yr on private property. I have a bill of sale from the person before him to him and then I have a Bill of sale from him to me but he never put the title in his own name. The person who sold it to him signed and dated the back of the title and it is dated more than a year ago. What is the most cost effective way to take care of this? Should I go to the person before the him and get them to just sell it directly to me? Or should I just give them everything including the bills of sale and/ or would that make me be responsible for his taxes? What is the most economical way to take care of this so I can get my title transferred and get my tags so I can get in the road? BRW, the person he purchased from is out of town, but only about 2 hrs.

raspivey 09-12-2013 01:35 PM

Take him down to the courthouse with you to transfer the title. He's responsible for transferring the title into his name within....I believe 20 days from purchase. Also, from what I can tell from looking through the DMV stuff online, it's actually illegal for him to sell it directly to you since it's not technically his at this point. The way Texas sees it right now, he just sold you something that belongs to someone else on paper. I would go down to the local tax office and ask them what you need to do. It happens quite a bit and I'm sure there's a way around it, although you might be liable for his sales taxes (the real reason he never transferred it) as well as your own.

rip 09-12-2013 02:24 PM

First, I'm not a lawyer so this is not legal advise or official rules...

The one-year-ago date on your old Texas title's signature seems significant in all this.

I believe amounts of state sales taxes due on each sale or possible late penalties may become issues.

Hope your transfer goes smoothly.

Edit... raspivey posted while I was replying, X2 on what he said.

CampinDivas 09-12-2013 02:33 PM

I have been reading through the DMV stuff as well. The person I purchased from lives a couple of hours away and don't think I could get him to go to the courthouse OR pay the back taxes. He said he did not want to go to all the trouble of tags and such because he never took it on the road. He just had it on his property for a family member to stay in for 3 mos. I don't know if it wouldn't be less red tape and hassle to try and contact the owner before that and have it go directly from her to me, but not sure how she would change that date on back.

CampinDivas 09-12-2013 02:33 PM

Thanks for the helpful post replies!

rip 09-12-2013 02:56 PM

If your towable trailer gross weight exceeds 4500 lbs, you are also required to get an annual inspection sticker in Texas, just like we do for our motor vehicles. Since it appears your seller may have been trying to avoid state sales taxes and transfer/license fees, he may have tried to avoid that too. Again, good luck with your new trailer.

BarryD0706 09-12-2013 03:10 PM

Quote:

Originally Posted by CampinDivas (Post 463984)
I have been reading through the DMV stuff as well. The person I purchased from lives a couple of hours away and don't think I could get him to go to the courthouse OR pay the back taxes. He said he did not want to go to all the trouble of tags and such because he never took it on the road. He just had it on his property for a family member to stay in for 3 mos. I don't know if it wouldn't be less red tape and hassle to try and contact the owner before that and have it go directly from her to me, but not sure how she would change that date on back.

A title has nothing to do with putting it on the road. I hope you didn't pay him in cash and can stop payment on whatever you gave him.

TURBS 09-12-2013 03:18 PM

Person you bought it from must title it first then you can title it . Period.

Let him pay the penalties .

He legaly cannot sell it to you till he owns it .

What a jerk imo.


Turbs

rip 09-12-2013 03:25 PM

Quote:

Originally Posted by rip (Post 463999)
If your towable trailer gross weight exceeds 4500 lbs,

I should have mentioned... you can see your trailer weight as one of the items listed on the front of your Texas title.

Triguy 09-12-2013 03:42 PM

Doesn't you state have a bonded title procedure to transfer ownership? Im not positive that applies to TTs but its an option to look into. I recommend that you call or visit your local DMV.

CampinDivas 09-12-2013 03:53 PM

Ray, I know my car requires an I section, but when I asked about it at the court house she gave me papers and said, " No, this is all you need" and she knew it was 5,300 lbs. it has been confusing because I am getting a lot of different answers, even from the DMV.

CampinDivas 09-12-2013 03:53 PM

Oops- meant Inspection.

raspivey 09-12-2013 03:55 PM

Quote:

Originally Posted by Triguy (Post 464036)
Doesn't you state have a bonded title procedure to transfer ownership? Im not positive that applies to TTs but its an option to look into. I recommend that you call or visit your local DMV.

Yes, they do. I just called the local tax office out of curiosity and they told me that you would need to go by and pick up a bonded title application and that the packet would explain what to do.

CampinDivas 09-12-2013 03:56 PM

Don't mean to sound stupid, but what is a bonded title?

Triguy 09-12-2013 04:00 PM

Quote:

Originally Posted by CampinDivas (Post 464050)
Don't mean to sound stupid, but what is a bonded title?

Not a stupid question at all. I had to do this once with a car years ago. No reason for you to have known. It allows you to title when the ownership is incorrect or title has been lost. Probably requires some kind of surety bond, too.

Call the DMV and they will explain the process.

raspivey 09-12-2013 04:08 PM

From what I understand, the only drawback to this type of title is that there is usually a time period when ownership can be challenged. Since you said you have two bills of sale and the actual title, it shouldn't ever be an issue....I wouldn't be concerned. You can usually transfer this into an actual title after a certain period of time...I'm not sure how long that would be here, but I've heard three years is typical. That would only be inconvenient if you wanted to sell it before that time.

rip 09-12-2013 04:08 PM

Quote:

Originally Posted by CampinDivas (Post 463928)
... The person who sold it to him signed and dated the back of the title and it is dated more than a year ago...

A couple years ago, my local county tax office would not transfer a Texas title without the titled owner being present because, of all things, the signatures (front and back) did not match EXACTLY. I ended up doing the transfer at his local county tax/assessor collector office with him present showing ID and declaring it his signature.

Have you closely compared the sigs on the title he gave you just to be on the safe side? You seem nice and really don't need one more hassle.

rip 09-12-2013 04:24 PM

Quote:

Originally Posted by CampinDivas (Post 464044)
Ray, I know my car requires an I section, but when I asked about it at the court house she gave me papers and said, " No, this is all you need" and she knew it was 5,300 lbs. it has been confusing because I am getting a lot of different answers, even from the DMV.

The county tax office will not check for an inspection sticker, and it's unnecessary to do a title transfer.

It's an on the road thing. As I understand this, it becomes important if you have an accident or get stopped by a law officer while towing, and then only if that officer knows enough to look for it on the trailer.

There's info on the DPS site...
https://www.txdps.state.tx.us/rsd/vi/...nCriteria.aspx
choose Trailers or Mobile Homes under 'vehicle class'.

Oaklevel 09-12-2013 05:04 PM

The worst part is if the true titled owner says it is stolen & the signiture is forged....... you have a big mess on your hands or if they have passed on it could become part of their estate. Would never buy any vehicle without the true titled owner being part of the sale.

Virginia is different I realize but if there is no title there is almost no way to get one. I have delt with old Mustangs over the years & sad but you have to part them out with no title here........
But on your trailer the DMV here will make you go back to the original titled owner & get a bill of sale from them, plus the original signature on the title. :crying: even on a sale with no issues (for private sales) title plus signed bill of sale.......been there done that......

Good Luck................

dannyabear 09-12-2013 05:36 PM

IF you can contact the original owner and IF they are agreeable, have them apply for a duplicate title (because of lost original), then have them sell directly yo you, leaving presrnt owner out of the deal.


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