Vehicle sale/title advice please

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Mick
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Vehicle sale/title advice please

Post by Mick » Fri Feb 24, 2012 1:32 pm

I’m selling my motorcycle and have a tentative deal with a local buyer (who I met in person) that plans to ship it to Russia. My concern is with the title. If I sell it to him, it will never be re-titled in the US and I’m wondering if that is a liability.

The reason I ask is that I sold a car to someone once, and they never titled/registered it. Years later it was abandoned and left on the street. The police tracked me down via the VIN and because I was the last person to have titled it. It was a headache to deal with being accused of owing towing/storage costs.

Provided I get certified funds is there anything I should be worried about? Is there anything I should do to protect myself beyond getting a bill of sale and signing the title over to him?

Advice would be appreciated.
Thanks

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breakaway500
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Re: Vehicle sale/title advice please

Post by breakaway500 » Fri Feb 24, 2012 1:46 pm

Fill out the back of the title in its entirety,including dates and signatures.Make a copy of the title,and have the new owner/purchaser sign the copy and date it as well for you to hold.Same thing with a bill of sale,and a copy of the receipt for funds,be it a cashiers check etc. If you have signed proof of the title transfer,a signed/dated sales agreement and signed/countersigned receipt of funds,I don't see how you could be held responsible for future issues with the bikes ownership.
I sold a bike to someone who was shipping it to Poland and wanted me to sign the title and leave the rest blank.I refused.He eventually agreed to filling out the title in its entirety,including the full purchase price. He later divulged he could have saved thousands of dollars (or whatever currency it was) on import taxes if the bike had come into his country under my name. Cross the "T"s and dot the "i"s... :wink:
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Mick
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Re: Vehicle sale/title advice please

Post by Mick » Fri Feb 24, 2012 1:57 pm

Sounds like good advice. Thanks.

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Re: Vehicle sale/title advice please

Post by paultg » Fri Feb 24, 2012 2:04 pm

Mark is 100% stop on. I can even dig at home for a word document I made for Bill of Sale (when I sold a car in Ma) if you want, just let me know. I expanded on a document I found online and included a summary with attachments/pictures of any flaws/or items discussed with the buyer. Had the Bill of sale reference everything, attached them, sign it all, made copies.

I also sold a set of wheels going overseas and the buyer wanted me to lie on some of the paperwork for tax/import cost purposes. I didn't bother as I didn't want any of that getting back to me. - Paul G.
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Re: Vehicle sale/title advice please

Post by DanDarcy » Fri Feb 24, 2012 10:13 pm

Mick, Mark has good advice, just follow it and you will be fine.
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Re: Vehicle sale/title advice please

Post by WillM » Wed Feb 29, 2012 1:51 pm

Mick,

I had the same exact situation as you. I sold a car via a 3rd person (an automotive shop). My car was there, it was for sale, and they handled the paperwork for me. They didn't make a copy of the title after the sale was complete, nor did they give me a copy of the bill of sale, etc.

About a year and a half later I received a huge bill for storage and a summons to court. I was charged with abandoning the vehicle on a public road, using the vehicle in commission of a crime, and some other fun things.

The only thing I had that saved my az was an affidavit from the 3rd person seller and the plate return receipt, the date of which coincided with the date the car was sold, etc.

In court I was asked why I did not notify the registry of the sale. That was the first time I've ever heard of such a thing.

In addition to Mark's advice above, I'd call your insurance agent and ask them. That's one of the reasons I deal with a local insurance agent that I trust.
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Re: Vehicle sale/title advice please

Post by Shawn624 » Wed Feb 29, 2012 2:04 pm

Have the buyer file for a transfer of title with Mass RMV before picking up the bike. You won't have to worry about proving the transfer later.
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Re: Vehicle sale/title advice please

Post by dradernh » Wed Feb 29, 2012 6:27 pm

WillM wrote:In court I was asked why I did not notify the registry of the sale. That was the first time I've ever heard of such a thing.
One reason to always check with your state DMV - even if you've gone through the drill before, the rules may have changed since the last time. In the case of NH, they don't want to be notified, whereas in CA, it's the first thing you do after the sale so that miscreants like Will's buyer don't end up costing you time & money down the road.
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Re: Vehicle sale/title advice please

Post by Brendan » Wed Feb 29, 2012 7:19 pm

Like Shawn said - I wonder if you could make it a condition of sale that they re-title it in MA in their name before taking possession? Is he a MA resident?
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Re: Vehicle sale/title advice please

Post by StephanAlfa » Thu Mar 01, 2012 9:12 pm

Mark, Shawn and Will are correct. Also given my take on "exports and international" if you are knowingly aware your bike will leave the country I'd contact the US Homeland Security - Customs office (there are a few in Boston and they are very approachable to speak and get advice) on ensuring you are "clean" of responsibilities.
Good luck!
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Mick
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Re: Vehicle sale/title advice please

Post by Mick » Fri Mar 02, 2012 1:18 pm

Thanks for the advice guys. The bike is gone. I made copies of everything and should be all set.

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