SL55/63/65/R230 AMG: Bought SL AMG in 2009 but no registration
04-02-2011, 08:26 PM
#1
Newbie
Thread Starter
Join Date: Jul 2009
Posts: 14
Likes: 0
Received 0 Likes
on
0 Posts
sl 55 amg, Toyota 4 Runner
Bought SL AMG in 2009 but no registration
In August 2009, I purchased a used 2005 SL AMG in an auction (Riverside, CA) through a small local dealership (I paid in full for the car). About 6 months after the purchase, DMV mailed me the wrong registration, title and license plates. When I informed the dealership, they notified me that they would inform DMV about sending me the correct registration, title and license plates. Well, it's been over 19 months since I paid for my car and I still haven't received my registration/title/plates. According to the dealership, the delay is due to the bank (lien holder) of the previous car owner taking their sweet time signing the lien release even though it was paid (until the bank signs the release there is nothing that can be done about getting me the registration,title and license plates - according to the dealership).
I am current on the insurance, but I do not know if I should be driving in my SL since I haven't received my registration/title/license plates from DMV.
Besides taking legal action against the dealership, what can I do or which agencies can assist me in this matter?
Your helpful responses in this matter is greatly appreciated.
I am current on the insurance, but I do not know if I should be driving in my SL since I haven't received my registration/title/license plates from DMV.
Besides taking legal action against the dealership, what can I do or which agencies can assist me in this matter?
Your helpful responses in this matter is greatly appreciated.
04-02-2011, 08:48 PM
#2
MBWorld Fanatic!
Sounds like BS to me. I take it you have a bill of sale from the dealership.
Call the dealership and tell them unless they get you a valid title, etc by close of business Friday you will contact the State bureau that licenses car dealers as well as posting their name on Yelp and other rating web sites.
Tell the dealer that this is a fraudulent conveyance. You bought the car from them, not from the bank, so they are at risk. Do it Monday. Follow it up immediately with a letter and mention fraudulent conveyance in the body. This should get their attention. I do not know how the staute of limitations applies in your state. What do you say if you get stopped and the constable on patrol runs your plate?
I,d never pay for a car in full until I got the proper title, etc.
Please do not construe this as individual legal advice.
Call the dealership and tell them unless they get you a valid title, etc by close of business Friday you will contact the State bureau that licenses car dealers as well as posting their name on Yelp and other rating web sites.
Tell the dealer that this is a fraudulent conveyance. You bought the car from them, not from the bank, so they are at risk. Do it Monday. Follow it up immediately with a letter and mention fraudulent conveyance in the body. This should get their attention. I do not know how the staute of limitations applies in your state. What do you say if you get stopped and the constable on patrol runs your plate?
I,d never pay for a car in full until I got the proper title, etc.
Please do not construe this as individual legal advice.
Last edited by grane; 04-02-2011 at 08:51 PM.
04-03-2011, 08:05 AM
#3
Senior Member
Join Date: Apr 2005
Location: Malibu, Ca
Posts: 314
Likes: 0
Received 0 Likes
on
0 Posts
SL65, 427 COBRA (CSX-3127)73 911S, 246GTS (DINO SPYDER), CORNICHE,1962 PORSCHE TWIN GRILLE ROADSTER+
The dealer does not have the title because they probably never paid off the bank!
I had a similar problem with my SL65...
It is not uncommon for a dealer to take the money on a car and then "forget" to payoff the car! I assume that you were smart enough to get all of the transfer docs ( very long yellow form, a 262 transfer of title form etc) and that you did not fall for the "we will send them to you" story?
Also assuming you paid around $50K plus 10% in taxes and transfer fees etc that is $55,000+/-... A lot of money and definitely enough to get a small dealer in big trouble if they spent the money on something else!
I will bet that the title you got was for a cheap car so the dealer could say...
"OOOPs it was all just a big clerical error" to buy them a lot of time with your $55K...
WAAAY TOO much time has past you should move quickly!
Go personally to the dealer and demand to see the payoff demand letter from the lien holder and a copy of the check they paid to the lien holder... If they actually have a letter and a copy of the check that is GOOD and if paid off back in 2009 they are legit. If not and the stories start (it is not here, or our legal dept has them, DMV has them etc) you are in BIG trouble... You probably do not actually own the car!
Let the dealer know that you have no choice and are going to DMV to the dealer fraud investigation dept. Because it is a FELONY to take your money and possibly the states money and the dealer knows it... Maybe that will motivate them (if they actually have enough money) to rush to payoff the car. If they offer to prove to you (with documents) that they are willing to payoff the car immediately this would be the best case scenario, they tried to screw you but you finally got your title and that is all you ever wanted... Getting the Cashiers Check written to the lien holder for you to Fed-Ex would be perfect! Demand that the title be sent directly to you! Also get a check for the 10% in taxes,transfer etc if they never paid the DMV... There might be penalties also! Then you take everything to the DMV and get a title in your name!
Sueing them for their $50K bond might get you most of you money back but this is a last resort option... Also assuming you file suit first and that there are not other people in the exact same position who sued them before you!
Do not wait! Contact the DMV and find out if the car was ever transfered to the dealer then to YOU also find out who the lien holder is. Contact the lien holder to see if they were ever paid... You may not want to give the lien holder your correct name or address because they might not have been paid anything for a long while and will repo the car! They bank will not care that you got screwed only that you have THEIR expensive car! Maybe have your lawyer call them?
Hope that the dealer does not close their doors and disappear the next night!
It is not uncommon for a dealer to take the money on a car and then "forget" to payoff the car! I assume that you were smart enough to get all of the transfer docs ( very long yellow form, a 262 transfer of title form etc) and that you did not fall for the "we will send them to you" story?
Also assuming you paid around $50K plus 10% in taxes and transfer fees etc that is $55,000+/-... A lot of money and definitely enough to get a small dealer in big trouble if they spent the money on something else!
I will bet that the title you got was for a cheap car so the dealer could say...
"OOOPs it was all just a big clerical error" to buy them a lot of time with your $55K...
WAAAY TOO much time has past you should move quickly!
Go personally to the dealer and demand to see the payoff demand letter from the lien holder and a copy of the check they paid to the lien holder... If they actually have a letter and a copy of the check that is GOOD and if paid off back in 2009 they are legit. If not and the stories start (it is not here, or our legal dept has them, DMV has them etc) you are in BIG trouble... You probably do not actually own the car!
Let the dealer know that you have no choice and are going to DMV to the dealer fraud investigation dept. Because it is a FELONY to take your money and possibly the states money and the dealer knows it... Maybe that will motivate them (if they actually have enough money) to rush to payoff the car. If they offer to prove to you (with documents) that they are willing to payoff the car immediately this would be the best case scenario, they tried to screw you but you finally got your title and that is all you ever wanted... Getting the Cashiers Check written to the lien holder for you to Fed-Ex would be perfect! Demand that the title be sent directly to you! Also get a check for the 10% in taxes,transfer etc if they never paid the DMV... There might be penalties also! Then you take everything to the DMV and get a title in your name!
Sueing them for their $50K bond might get you most of you money back but this is a last resort option... Also assuming you file suit first and that there are not other people in the exact same position who sued them before you!
Do not wait! Contact the DMV and find out if the car was ever transfered to the dealer then to YOU also find out who the lien holder is. Contact the lien holder to see if they were ever paid... You may not want to give the lien holder your correct name or address because they might not have been paid anything for a long while and will repo the car! They bank will not care that you got screwed only that you have THEIR expensive car! Maybe have your lawyer call them?
Hope that the dealer does not close their doors and disappear the next night!
Last edited by EXECMALIBU; 04-03-2011 at 09:14 AM.
04-03-2011, 11:33 AM
#4
Member
Join Date: Oct 2009
Posts: 99
Likes: 0
Received 0 Likes
on
0 Posts
2005 SL 55
Why in the world would you wait 6 months for title and plates to begin with?? If what you are saying is accurate then you now have other issues because you waited so long. So what did you do for the 6 months, drive the car with a temporary tag or just look at the car in the garage? How did you get insurance on the car wiath out current registration? Tell us how this fiasco ends. Good luck.
04-03-2011, 08:42 PM
#6
Super Member
Join Date: Apr 2006
Location: Raleigh NC
Posts: 796
Likes: 0
Received 0 Likes
on
0 Posts
2007 E63, 2006 C55
RE: Delayed Title
+1. It sounds like you are being scammed, i.e. the dealer probably never paid off the old loan and/or never registered the car and has kept your money. Sending you the wrong car's paperwork was likely a smoke screen to buy time.
I would consult with an attorney pronto as to laws in your state, and then contact DMV, with the attorney's o.k.
Don't let it fester, and hope things turn out o.k. for you. Good luck.
I would consult with an attorney pronto as to laws in your state, and then contact DMV, with the attorney's o.k.
Don't let it fester, and hope things turn out o.k. for you. Good luck.
04-10-2011, 09:37 AM
#7
Member
Join Date: Dec 2007
Location: Fort Lauderdale, FL
Posts: 89
Likes: 0
Received 1 Like
on
1 Post
2019 E63S
I had a similar situation happen to a freind and he was able to go in front of a judge and get something that allowed him to do the process over personally and create new title etc.
Trending Topics
04-10-2011, 09:54 AM
#8
Senior Member
Join Date: Apr 2005
Location: Malibu, Ca
Posts: 314
Likes: 0
Received 0 Likes
on
0 Posts
SL65, 427 COBRA (CSX-3127)73 911S, 246GTS (DINO SPYDER), CORNICHE,1962 PORSCHE TWIN GRILLE ROADSTER+
It has been a week.... What happened?
Well....
Another week has passed what did the dealer do/say?
Another week has passed what did the dealer do/say?
04-11-2011, 08:34 PM
#10
Newbie
Thread Starter
Join Date: Jul 2009
Posts: 14
Likes: 0
Received 0 Likes
on
0 Posts
sl 55 amg, Toyota 4 Runner
My lazy dealer wasn't doing much so I finally went to the DMV this morning to resolve this matter once and for all. I was relieved to find out that the car is registered in my name and there were some issues with paperwork that caused the delay. One of the DMV supervisors was very helpful (believe it or not) and she gave me a temporary permit to drive my car and informed me that she would look into this matter and call me in 2 to 3 days... Keeping my fingers crossed.
