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 Message Boards » » can i sell a car that i don't actually own? Page [1]  
quagmire02
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selling my wife's car, but she had it before we were married, so her (maiden) name is on the title...she's super busy during the day for the next week or so and we've got a lot of interest

i figured we could just take the title to be signed and notarized and then i can meet with folks and sell it without her there (since it will already be notarized)...will that work?

8/26/2014 10:00:09 AM

elise
mainly potato
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I'm slightly confused by your wording (because I am scatter brained) but I sold my car to the dealership I bought my new car from and an ex was the cosigner (stupid stupid stupid don't do this) and I left my title at the dealership and he went there at his convenience to sign the papers and only after that could the car legally be sold.

8/26/2014 10:05:32 AM

quagmire02
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we don't own the car together...it's "her" car, from before we met, so only her name is on the title and it's owned outright

i assume that as long as the title is signed and notarized, she doesn't have to be present for someone else to buy it

Quote :
"an ex was the cosigner (stupid stupid stupid don't do this)"

well, we just bought a new car together...i'm not planning on becoming exes

[Edited on August 26, 2014 at 10:08 AM. Reason : .]

8/26/2014 10:07:20 AM

Sayer
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As long as the title has been notarized and signed by the official owner, I don't think there is a problem in you selling it.

8/26/2014 10:08:33 AM

quagmire02
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^ that's what i figured...i just wanted unofficial intarweb validation

8/26/2014 10:12:38 AM

quagmire02
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also, anyone know if it's a big deal that i haven't paid taxes on it, yet? i got the paperwork in the mail and got it inspected, but the renewal month is actually september...figured if i sell it before then, i don't have to pay taxes on it

8/26/2014 11:01:03 AM

synapse
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Quote :
"i figured we could just take the title to be signed and notarized and then i can meet with folks and sell it without her there (since it will already be notarized)...will that work?"


Yup.

Quote :
"also, anyone know if it's a big deal that i haven't paid taxes on it, yet?"


I'd imagine you're still gonna be on the hook for that.

8/26/2014 11:14:18 AM

wdprice3
BinaryBuffonary
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as long as the titlework is legally done, then, technically yes. though this will scare off some buyers as you're not the owner. I'd get a signed & notarized letter (by you and your wife) stating that you are legally allowed to sell the car on her behalf.

8/26/2014 12:06:23 PM

beatsunc
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Quote :
"also, anyone know if it's a big deal that i haven't paid taxes on it, yet? i got the paperwork in the mail and got it inspected, but the renewal month is actually september...figured if i sell it before then, i don't have to pay taxes on it "


i believe the taxes are for upcoming year not last year. just make sure you turn the plate in and save the receipt

8/26/2014 1:44:23 PM

seedless
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To OP: No, unless you have PoA.

8/26/2014 1:59:12 PM

BlackDog
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I agree with everyone else about you having a notarized letter from your wife saying she is giving you full consent to sell the car for her. I don't think you would have to transfer the title in order for you to sell it for her.

Just do not forget to turn in the tag when you sell it, it could cost you a loss of driving privileges for up to 12 months. However any intelligent buyer knows they have to get a new tag and registration sticker in order to take it home after purchasing.

Good luck with your selling. BTW, I do know someone looking for a small to midsize car (preferably 4 door), so if you are somewhere between Raleigh and Hickory and you provided pictures I might have a buyer. How many miles is on the car? Just PM me.



[Edited on August 26, 2014 at 2:33 PM. Reason : _]

8/26/2014 2:32:46 PM

Str8BacardiL
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She has to sign/notarize title in presence of a notary. (UPS and FedEx stores have notaries and are all over) If you wait to fill in buyer info later make sure to keep title in possession (don't lose it or give to buyer until you have been paid), otherwise anyone can fill in buyer info and file at the DMV for a title in their name.

8/26/2014 4:38:53 PM

dtownral
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i thought both the seller and buyer had to sign at the same time in front of the notary

8/26/2014 4:42:05 PM

Krallum
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Can I rent out a vagina that isn't actually mine?

I'm Krallum and I approved this message.

8/26/2014 5:01:54 PM

jbrick83
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^^depends on who the notary is and if any of the parties really give a fuck.

8/26/2014 5:11:24 PM

Dr Pepper
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Quote :
"i thought both the seller and buyer had to sign at the same time in front of the notary"


In NC, yes. Other states may have different regs.

8/26/2014 5:17:48 PM

quagmire02
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Quote :
"i thought both the seller and buyer had to sign at the same time in front of the notary"


Quote :
"In NC, yes. Other states may have different regs."

i don't think so...i specifically asked the notary when we stopped by over lunch and she said that only the seller's signature had to be notarized, so probably:

Quote :
"depends on who the notary is and if any of the parties really give a fuck."

of course, then i was walking around with a title that, had i dropped it or left it somewhere, someone would have gotten a free car

8/26/2014 5:31:23 PM

Str8BacardiL
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I sold a car to a Mexican once and the guy at the bank did not want to leave the title open but he did after I explained that the guy buying it was mexican and was not going to register it to himself. he really wanted the title left open.

8/26/2014 5:43:16 PM

quagmire02
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^ the guy i sold it to didn't bother filling out the title while i was there...just gave me cash and said thanks after looking it over and taking it for a test drive

i turned in the plate and cancelled the insurance...so i assume it no longer really matters what he does? i didn't push the issue...maybe i should have?

8/26/2014 5:50:53 PM

CalledToArms
All American
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I don't even have a title for my car. Owned it 11 years and plan on driving it into the ground though anyway

8/26/2014 6:09:19 PM

richthofen
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Quote :
"i figured we could just take the title to be signed and notarized and then i can meet with folks and sell it without her there (since it will already be notarized)...will that work?"


At that point it's an open title, which is illegal in some places (I seem to remember Restricted mentioning that in the Ask The Police Questions thread). Any conscientious notary will probably not do this for you. A notary who doesn't really care or will accept a good story, then yes.

Or it can be like Virginia, which doesn't even require notarized signatures (which I still find hard to believe). When I bought the Volvo, the seller had never titled or registered it in his name (he only had it for a few months and didn't drive it much) so I just signed under buyer with the other guy still listed as owner. A little sketchy, but the DMV didn't give a fuck.

Not only that, but the previous title was listed as *NOT ACTUAL MILEAGE* (for reasons I'm unsure of, as the service records over ~10 years all support the mileage). The new title? Clean as a whistle. The brand just vanished. Moral of the story: be careful of buying a car in VA.

8/26/2014 7:09:37 PM

Str8BacardiL
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I bought a car with a washed title from Crazy JP. It did not matter since the car was only $2200 apparently it got screwed up way up the chain of ownership. I did not even know until I went to sell it and the guy ran a carfax. Ended up selling it a little cheaper, but it was still a running accord for 2k so the title was not an issue.

8/26/2014 7:13:23 PM

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