Dealer refuses to pay till title is is txferred (bank confirms title is txfered)

[_seller]

Hi,
Im from CA and I sold my vehicle to a reputed dealer in CA. I had a part loan (about 40% of the total sale value) and the rest 60% was my equity in the vehicle.

He said he will pay the amount owed to me in a week.
The dealer paid what I owed to the bank and got the deed transfer.
But he says he cannot pay the 60% owed to me till he receives the title.

It has been 3.5 weeks. I confirmed with the bank that the deed has been transferred about 8-10 days back but the dealer says it will take more time.


I dont know if he is waiting for the physical paper-title or a confirmation that the title title has been transferred by the DMV.

As far as a buyer is concerned, no one waits to pay till the title is transferred. The money is due when I sign the vehicle to him.
Also, I dont even know if he has applied for the title after paying the tax. I dont even know if he is waiting for someone to buy the vehicle so he can pay me after the sale.

Can you suggest what I need to do?
Can I get a confirmation from the CA-DMV if the title has really been transferred?
Do I wait for more time? Do I contact a lawyer?

Thank you!

[splat]

First things first, what does your contract agreement say?

Was this a consignment sale? Trade-in? Direct sale?

[KooLaid]

I think he's waiting on paper to confirm. However..... some dealers will sell cars to consumers before the paper even arrives from the auction yard. That's what happened with my last car purchase.

[MX500]

You should have received the money before signing. The burden of proof is now on you. Do you have documents stating your arrangement?

[afm199]

Way to awaken the sleeping dead

[mean dad]

Originally Posted by afm199

Way to awaken the sleeping dead

...he said, waking a two-week old thread.

[Rumbo Sur]

CA DMV has a division just for dealers. If they do anything illegal they can lose dealer license from DMV ... so most don't screw around with DMV.

But that doesn't mean there aren't other ways they can screw you. As metioned, check your contract fine print.

Seems to me the dealer is waiting to receive signed off title from the bank, then he'll pay you off.

If you've contacted dealer within reasonable amount of time and he does not respond, contact DMV dealer fraud division. Maybe they can help guide you.
Usually the mere mention of the fraud division will send that dealer into action.

Good luck!

[Rumbo Sur]

Originally Posted by mean dad

...he said, waking a two-week old thread.

Two Weeks! I just noticed it was 1st posted back in April!!!