What to do about my car?

[Jand3rson]

It's been 7 days now since I was supposed to make the next payment on my car, and the previous owner is nowhere to be found. The only phone number I have is his grandmother's cell, and today when I called she told me that she has no idea where he is, and to stop calling her. She told me almost a week ago that she didn't know where he was either. He apparently moved a few days after he dropped the car off, and I don't have his new address to send his next payment to.

I think tomorrow I will go to the DMV and find out what the statute of limitations is for this situation. After a certain amount of time, does the car become legally mine if we had a written agreement? (which we have) If I want to start parting this car out, I have to have the title in order to have the shell junked. Anyone have any ideas?

[Jarvis]

I'd say wait a bit longer before doing anything with the car. Good idea about inquiring at the DMV about the situation though.
You have what, like 8 months left before you can drive again? So there isn't a HUGE rush, right? I'd be super-impatient in your position, but it's probably best to wait a bit longer while you keep trying to contact him, or vice versa. If it's only been a week since the last payment due and he apparently just moved - you more than anyone should be able to understand that times are hectic when moving. It may turn out that he's not a huge asshole trying to rip you off, he may actually just be really busy at the moment from moving. I doubt he'd never contact you ever again after only getting $300 (total, right?) for a car you could easily part out for 5 times as much.
Goodluck.

[Jand3rson]

While I do understand that moving is difficult, I have had almost NO contact from him since the initial part of the sale. I have left countless messages on the phone number I have for him, and I keep getting told "I'll have him call you". Nothing. He was supposed to mail me the rest of the parts he had for the car (brake rotors, fog lights, etc...) and I got one phone call from him saying that the stuff was in the mail. That was almost 3 weeks ago. I understand that it can be difficult to get in contact with someone somtimes, but this is ridiculous. I'm almost positive he's avoiding me intentionally because of all the things I've found out about the car that he didn't tell me about.

[kidrobot]

If you need a hand, tell me.

[OOMPH!]

Re: What to do about my car?

The only phone number I have is his grandmother's cell, and today when I called she told me that she has no idea where he is, and to stop calling her. She told me almost a week ago that she didn't know where he was either.

Keep on calling the old hag.....and keep on nagging her. Even if she doesn't know, I'm sure she could definitely find out. Nag the shit out of her.......

[brodee]

What does your written agreement say? Did you get a bill of sale at least? Don't part that car out yet, I wouldn't sell anything off of it. He could come back and say the car is not legally yours and you were selling the parts. Did you ever see the title? Are you sure he has it?

[Nate325ic]

if the guy isn't getting back to you and you dont have the title, your only out $300. have the car impounded and if/when he comes looking for his car or money, point him towards the impound lot

[rs4pro3]

What exactly was you payment agreement? Every month you wait for him to call and then mail a certain amount? Did you get a bill of sale, Title? Almost sounds to me he new about the problems, and took your $300 and ran leaving you with a worthless car.
I sort of had a similuar situation with an 84 318i I purchased last summer, I buaght the car not running for $400 and the seller agreed to take payments, so I payed $200 up front then $100 each month. In return I got the bill of sell and the car. He told me i should just be able to go into the DMV and get the title. Well I went in waited 40min and they looked up the title history, the title was clear but the seller never got the title in his name. So I told him and he said he would work on it. I was waiting to make the last payment untill I got the title. Well he said the title had been mailed to me and should be here soon so I made the last payment. Well no title, no return calls. So I just gave up and sold the car for parts. Luckily I had a bill of sale or I would of been screwed. The impound lot idea dosn't sound to bad, that's if you don't have a bill of sale or sale info on the car.

[E30ownerwithanopinion]

wait who has the title for this car? you or him?

[Digitalwave]

So wait, you are now going to part out your "dream project car"?

[Jand3rson]

To answer everyone's questions:

He still has the title.

In our bill of sale, the agreement was that I would mail him $250 every month. Upon reciept of the final payemnt, he would mail me the title.

Also, in the bill of sale, I included at the end:

"I do hereby certify under penalty of perjury that I have read and understand the above agreement, and do hereby agree to hold true to this arrangement until the sale is completed"

If you ask me, it would appear that he is in breach of a written contract. Since I am unable to pay or contact him, he is breaking the agreement that if I paid him by the 25th of each month, I would get the title after all payments are made. If I can't make payments by a his fault, he is in the wrong.

He also told me to include this line:

"With the first payment of $250 made to ---------- -------- --------- on the 21st day of March, 2004, I, Joshoah Adam Anderson, do hereby release ----------- ----------- ----------- of any and all responsibility pertaining to and/or concerning 1 (one) 1989 BMW 325i"

Now while I didn't notice it when I wrote it, doesn't this in fact say that after I pay him the first $250, the car is mine? He did read over the bill of sale before he signed it, so he saw it

I'm going to talk to the DMV today and find out what to do.

[E30ownerwithanopinion]

take some ass lube.

[Jand3rson]

take some ass lube.

Why don't you send me some, I'm sure you've got a lifetime supply.

If you don't have anything useful to add, FUCK OFF. Can there not be one thread where someone has a problem than can stay serious?

[Ryan Stewart]

Is there a witness' signature on the contract? According to the wording you have legal rights to the car but if it states that he holds the title till the final payment then you could be in trouble.

It doesnt really say you own it, just that you release him of responsibility.

[Jand3rson]

Is there a witness' signature on the contract? According to the wording you have legal rights to the car but if it states that he holds the title till the final payment then you could be in trouble.

Yes there is, my wife signed as a witness.

And not if he defaults on the contract. At this point, I am unable to pay him, and more importantly, unable to contact him at all.