gsholz

So here is the situation. We bought a 2013 CPO S550 with only 7,900 miles on 4/11. Paid cash plus a trade-in. Paid registration and title fees to dealer. The title did not show up when the original temporary 3 month registration expired. Got a 3 week extension from dealership. Still no title.

I called the DMV. They have no record of any paperwork. Called the former owner's state DMV. To our surprise the car is still titled and registered there. The reason given for the delay was first the DMV is slow (we called them they have no record of any submitted paperwork) and then that the car was part of an estate thus the hold up.

So, my question is how can the dealer sell a car that is part of an estate. Probation could go on for months.

This is a large MBZ dealership, so I'm surprised to run into this issue.

survey1

In most states, its against the law for a dealer to offer a used vehicle for sale without a valid title. Check your state law. This could drag on for years if its stuck in an estate dispute, not months. That's not your problem. I'd set a date with the dealer to have the title or demand a full refund and return the car. You don't want to be stuck with a car you cannot sell and don't legally own.

Mike5215

I agree. They can't sell you something they don't own. In the eyes of the law it's fraud. I'm sure it wasn't intentional and an embarrassment but they need to take the car back and refund your money.

If the executor of the estate decides he wants the car back, he just needs to show up at your house with the title and a sheriff and you have no claim against it. They'll tell you to fight it out civilly with the dealer.

Fraud is the purview of your local State Attorney's office. I'd give them a call. MB needs to either produce clear title or take the car and return your money.

gsholz

I contacted the owner of the dealership and we finally seem to make some progress. The story is that one of the two prior joint owners passed away and the remaining owner has Alzheimer's and signed the title with the wrong first name. So the DMV kicked back the title application in April. Now they are tracking down the out of state owner (in a nursing home) and getting a valid signature on the released title. In the meantime we got another temporary registration extension till 8/14.

I want to believe but I wonder how an Alzheimer patient in a nursing home can correct the title signature. We'll see. At least we met a senior person at the dealership that actually seems to care.

If in three weeks (after 4 months since purchase) the dealership cannot deliver the title we'll return the car.

kn51

Toss them under the bus. They sold a car without a valid title. DA's love that type of stuff. And they go after it.

DaveW68

WTF is with all of this litigation stuff? I guess all of the ambulance chaser commercials that run all day is finally getting into the psyche of everyone.

I really don't think the dealer did anything intentionally wrong. They can't help how somebody signed their name. I'm sure this will be resolved to your satisfaction. The only reason I'd be upset is if I wanted to sell the car right now and it was delayed because of this. But that doesn't appear to be the case, so just be patient and let it work itself out.

survey1

Here's the problem with the story.

The Alzheimer patient shouldn't be signing anything. They should have a power of attorney that the dealer can contact for a signature and end this now.

The other problem is that most states don't require a signature on a title when the car is traded at a dealer, only for private sales. Check your state.

I'd at the very least get a binding agreement in writing of the return date and also a line to protect yourself if the "seller" tries to make a claim against the car because right now that Alzheimer patient owns your car 100%. What if they call up the Police and report it stolen? You never know. I've heard of crazy things like that happening.

DaveW68

I didn't know that we had so many lawyers here who pass out free legal advice and drive used S-classes. A great asset for this board!

kn51

Apologies, sarcasm doesn't come across all the time. Torches and pitchforks are the usual response with these responses.

With that said, it is a pretty big asset. Glad to see the OP is doing three strikes you are out mentality.

Honest mistake or not, fairly sloppy on the dealers part.

gsholz

Good news! I got my plates today! Someone from the dealership actually drove to the previous owner in the next state, got the title signature issue cleared up and filed it with the local DMV office in person. The issue was resolved in two days after I contacted the owner of the dealership. I'm happy and can now enjoy the car again.

I had a similar issue when I bought a car that was on consignment from another much smaller dealer. I paid in cash but the dealer did not pay the actual owner for a couple of months. I caught onto it when the title/plates were late. A "friendly" visit to the dealer was required to get the title/paperwork cleared up. I was lucky the dealer went out of business a couple of months later. I have heard of many consignment deals that have gone bad and avoid them like the plague now.

$100 GUY

Wait? How come you did not sue first, instead of talking with someone who could actually help you?

Nuru

A lot of lawyers purchase or lease MBs. so the chances of someone with legal experience on this site is probably kinda high, I would think.

DaveW68

Nah. There's a lot of guys here who think they're lawyers, but obviously they're not.

Nuru

LOL!

hyperion667

this board is a riot compared to W222

Nuru

Yep I would imagine that the W222 board is snooze city

$100 GUY

Oh, you betcha!


Wonder what goes on over there...

DaveW68

Give it 5 years when us poor schleps are moving up (or down, depending on how you view things) to the W222. It'll become a lot more fun when we buy those 2nd hand and everything is falling apart.

hyperion667

you guys are all right, it's a bore......dudes are nice enough though.......just slow.....and not low

DaveW68

You might want to recommend some lowering links.

Nuru

Yeah, I occasionally go to that forum and it is definitely not as active yet, as people are still learning the cars and a little unwilling to tinker with their cars yet. But as Dave says, give it a few years.