tjb616

You don't. The car sits in the garage while you contemplate paying lawyer or flying to Miami to raise hell.

993pbug

Yep, I got it about 2 weeks (normal processing time) after pointing out to their GM that they were obviously defrauding the bank. When the owner called me to specifically apologize later that afternoon for their “clerical” mistake, it all but confirmed my suspicions that they were, in fact, not reporting sales and holding onto the cash. I never dealt with them again, and they were gone just a few years later.

ethannnn

Right, there must be some flagrant violations here with penalties that would deter a dealer from conducting business this way. I would think a lawyer could sort this out pretty quick.

rk-d

I agree with comments re: dealer holding title and not reporting sale. If I’m not mistaken, the lien-holder could repossess the vehicle if the dealer pocketed the cash and didn’t pay off the lien (assuming the car was being held on credit).

Your dealer’s inventory is pretty massive - they have a 918 on their website. Doesn’t seem like a fly by night operation, but this does happen. They are probably leveraged to the hilt. I just saw this in Jalopnik. Time to lawyer up.

https://jalopnik.com/bank-repossesse...ers-1836466308

ethannnn

Wow, that article is alarming!

Catorce

Had a similar thing happen on my '73 that I bought sight unseen from a dealer in FL. Car showed up, clean title was fedexed. I register in CA, no problems.

6 months later I get a call from the Sarasota Police stating that the car was reported stolen. I'm like - it's not stolen, it's right here in my garage. The cop says, no, the owner says his car is missing. I'm like - I am the owner.

Long story short, dealer took the car in on consignment, forged the owner's signature at the DMV and got a duplicate pink slip. Then sold the car to me, and didn't pay the owner.

I paid fair and square for the car and all paperwork was in order, so I told the cops I would sue them, the dealer, and the owner, but I wasn't giving up the car under any circumstances.

Finally the cops forced the dealer to pay the owner and the whole matter went away. I paid a far price for the car, and the owner finally got his money.

LimeyBoy

Same thing happened to my brother - cops pulled him on the highway and said his Audi S3 was stolen. He'd bought it from a place full of top end supercars so he felt secure in his purchase. He ended up part of a court case and although he felt very sorry for the original (actual?) owner - my brother would have been out $30k if the car was taken from him.
Lawyer up - that is what saved my brother and his Audi, navigating through one hell of a mess.
Hope you get satisfaction.

Gbos1

ethannnn

Lawyering up. Hope I can find a good lawyer who can get the job done efficiently.

jfischet

it's definitely not going to hurt to lawyer up.

for what it's worth, i bought my 991 from a small dealer and it took about 10-12 weeks before i had the actual title in hand. i was able to drive it with the temporary plates but it was disconcerting because my other cars were always purchased from individuals and i got the title at the bank at the time i handed over the cashier's check.

i hope this situation is resolved quickly and correctly for you!

ethannnn

I think I'd be more understanding if the salesman gave me a straight answer but he's misrepresented quite a few things on top of this title issue. Clearly he lied about having title and I think the longer I wait, the greater the risk.

nathan1

This is a really bad situation and moving quickly and aggressively is your best course of action. I am a dealer and am well versed in this situation, there are only 4 possibilities here in order from not good to terrible for you:

1. The dealership actually has the title and due to ineptitude/poor management/etc has not sent it to you. Chances of this are 1/1,000,000... Frankly if they had it they would have sent it... Why would they risk a pissed off customer for 20 minutes of clerical work and a $20 Fedex bill???
2. The car was traded/sold to the dealership and had an outstanding loan/lien on it which they either haven't satisfied or it is in process. Most states are similar, in my state I have to pay off a car within 2 business days of buying/taking on trade and most lenders will turn a title around in no more than 10-15 days (most much quicker) from the time I send payment. Dealers oftentimes don't pay off trades in time as they are short on $$ and are robbing Peter to pay Paul... You indicated the title doesn't show recorded lien, so this is less likely.
3. The car is owned by a consignor and they haven't paid them for the car. This is REALLY bad as this means the dealership has no money to pay the owner and it means the consignor is still the LEGAL owner of the car regardless of the fact that you paid for it and have the car in your possession. There is a decent chance this is the case...
4. The car was "floored" (line of credit with a bank for dealer inventory) and the Floor plan company holds the title and the dealership has not paid it off. This is also REALLY bad as they are the legal owner of the car and worse than #3 as they probably have more resources that #3 to chase the car down legally.

Usually 2,3,4 happen when a dealer is essentially insolvent and are using money from new deals to pay off deals in the past. This works for awhile (albeit not legally) but the backlog just keeps getting bigger. My guess if you start raising holy hell they will prioritize getting your car paid off with some new suckers money (sadly!) as they are probably many deals in arrears. Holy Hell starts with hiring an attorney, filing a complaint with the TX dealer licensing entity, TX attorney general, social media campaign, etc.. If you aren't aggressive the dealership will shut its doors one night and anyone not made whole will be in a mess...

Howdy993

The local Alfa Romeo dealer here (Dallas Area) has just gone insolvent. This aired on local news this morning.
Three lots full of cars are being collected and sent to be auctioned.
This wasn't your seller was it?
Sorry to hear of your trouble.

Twilightblue28A

Nathan,

Thank you!! We are on the same page. I do not practice in Texas. I provided my advice to the OP in posts 7, 8, 9, 10,16 18 and 23, each of which are referenced above.
I emphasized the possibility of bankruptcy and that others may have secured interests in the car.
I have stressed that time is of the essence. I have informed the OP that the minimum the OP is out of pocket is 50K!
I advised the OP to contact the Texas Attorney General's Office or the Texas Bar Association for a referral. I also expressed that someone on our site may know of someone practicing in Texas.
Frankly I don't understand why the OP is paralyzed.
I can't do any more.
Hopefully the OP reads our posts and acts!
Please advise whether or not we are in agreement.

Twilightblue28A

Also, others have referenced "lawyering up." Sounds impressive.
A competent attorney sending a strongly worded letter to the seller or a letter from the AG's office may quickly resolve this situation, assuming the seller has the resources. (This was also referenced in one of my posts referenced above)