OK, what do I do? [View all]
I represent a guy who bought a vehicle from an auto repair owner.
The owner had the unsigned title to the vehicle. The owner didn't want to pay for the cost of the repairs and offered the title to the auto shop, which was accepted.
Now this owner is not a licensed dealer. My guy heard about the vehicle being $700 and bought it from the auto repair owner, who called the existing owner to come down to sign the title.
With me, so far?
The Buyer went to DMV to register his new vehicle but was refused because the auto repair owner ruined the title document. Torn and missing the lower third.
I contacted the original owner as she was STILL the owner despite the exchange of agreements and services and money. She agreed to sign the DMV applications for a replacement title. BUT:
1. She refused to go to the DMV to ask for the replacement title.
2. I offered to go to the DMV but they wouldn't do anything without a Power of Attorney, AND she refused to sign a POA.
3. Even if I mail the application, it won't be processed because I need HER photo ID copied -- and she's not about to do that.
Now, I know, I know. If that vehicle is in an accident and there are damages for property loss or loss of life, she's still responsible.
The Buyer doesn't want to return the vehicle b/c he plunked down $2,100 to repair it and that's too much to walk away from.
Technically, this is the fault of the owner of the repair shop, but we're at an impass.
I spoke to a dealer at an automobile dealership. He thinks I've hit a brick wall.
Is the only other choice I have is to go to court to effectuate the contract of sale? (The signatures are on the damaged original title to prove there was a sale.)