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Old 02-02-2013, 08:15 AM   #1
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Private Purchase - Concerns about Title

I have negotiated a deal with a seller that had a listing on E bay. He has great ratings and appears to be legitimate. He is out of state and I am currently a Ga Resident. I requested a Carfax and copy of the title. It appears from the Car fax and the title there are no liens. Here is the issue I am dealing with. Apparently this individual buys RV's and trades them for a living. I believe he trades as much as he can as non dealer and is also a dealer, but I have not seen his dealer license.

Here is the spin that is giving me a problem. The title he holds in hand held by another individual in an LLC in Montana. I understand all the issues on that, but my main concern is the title has been signed as sold by the LLC with the buyer section blank. I have actually spoken with the individual that held title in the Montana LLC and confirmed he did indeed sign off the title and traded this motorhome for another with the guy I am dealing with.

The 3rd party broker wants to me to wire him funds and he will hand me the keys, title and supposedly a bill of sale. Not sure how his getting a bill of sale done from the previous owner. He has not registered the RV in his name.

I am starting to feel the hairs stand up on my neck thinking about sending 6 figures to a private individual that is not on any bill of sale. He offered to register it in his name, but wanted to charge me extra for the sales tax he would pay and I would probably have to pay again in my state. (I may consider this option to protect myself)

I know often car traders do this, but this is big money and I am concerned my state may possibly deny title and I will be stuck with an RV that I cannot use and have no remedies.

Is there a way to use a title company to handle the transaction that could make insure title will transfer and then release the funds from escrow and possibly insure title like you would with a real estate purchase? Any other thoughts would be greatly appreciated.

I believe I can collapse the deal, but would like the motorhome. Also, there is a risk he would try to retain the deposit, but I expect I could discussing bringing the matter to the attention of EBAY as well as his State department of Revenue.

Thanks in advance
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Old 02-02-2013, 08:29 AM   #2
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Where did this 3rd party broker come in? did the listing on e-bay mention this in thier listing? If I am reading this right you did not buy this unit from the 3rd party broker on ebay and have no dealings with him, your sale dealings are just with the person that listed it on ebay and made the deal with. If he has a 3rd party (money man) he deals with, that is his problem. Money does not leave my hand till the title is done and I have what ever is being bought in my possession. I hope I understand your posting right here......
One more thing, you only have to pay tax once, if he needs to get this unit in his name it is up to him for the costs.
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Old 02-02-2013, 08:29 AM   #3
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This is IMO a very risky transaction. I would personally be there to transferr funds wired into an account in my name. The LLC issue is one that I would involve an attorney licensed in the state of purchase. Pay the attorney to handle the title work, funds etc. good luck just remember there are lots of MH out there!
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Old 02-02-2013, 08:46 AM   #4
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In my option. I'd goto your state DMV. Just show them the copy of the title. Ask them what you need to register this RV in your state. If its nothing special because its s LLC then I'd be fine with the title since you did speak to the owner on the title.
As far as the cash is concerned. I'd fly wherever the RV is with a certified check on hand. And get the title.
In FL you can get a 30 paper license plate with no title. Only an insurance card. Then drive it home and register it.
That's what I would do if you want that MH.
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Old 02-02-2013, 09:06 AM   #5
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Quote:
Originally Posted by Gorlininc View Post
In my option. I'd goto your state DMV. Just show them the copy of the title. Ask them what you need to register this RV in your state. If its nothing special because its s LLC then I'd be fine with the title since you did speak to the owner on the title.
Don't be surprised if your state's DMV asks you to have a notarized statement signed by the "members" of the LLC agreeing to sell the MH. LLC's don't have "owners" they have members and an LLC as an entity can only buy or sell something if the members agree to do it and make a motion to that effect. That motion would then empower one of the members to sign on behalf of the LLC on a bill of sale and on the title. It's quite possible that the LLC owning the MH has only one member, but even then, this process is required.

Other than this paperwork, transferring title from an "entity" to you should be no different than if it was a person who owned the MH. However, personally I wouldn't send the money to this 3rd party broker if his name was not on the title. I would offer to send the money to the owner who can then pay the broker his "finder's fee."

I am not an attorney and this is not professional legal advice; I've simply been through this sort of thing before.
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Old 02-02-2013, 09:12 AM   #6
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I think I would run away from this "Deal". Just my opinion...
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Old 02-02-2013, 09:28 AM   #7
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Actually, I am dealing with the party that advertised on Ebay. He has possession of the title from the previous owner. He has the rig, the old title endorsed by the old seller and has no buyer name on it and 2k deposit from me to close the deal. My problem is sending this guy funds and have the title have another name and also making sure Georgia will take title from the Montana LLC that has a PO Box address.
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Old 02-02-2013, 09:30 AM   #8
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Good advice. I now need to find one that understands Vehicles preferably in my county.
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Old 02-02-2013, 09:34 AM   #9
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Thanks. I was planning on getting that and a Bill of Sale, taking that to the tag office and confirming. I agree on the payment issue. The broker has actually taken possession and title so the previous owner was paid already. I expect the broker will need to go ahead and title it in his name first. Otherwise, its going to be an issue. Or many issues. Its interesting there is not an escrow service to handle the matters as I would think private transfers are full of risks that could be mitigated by an escrow arrange while working out the title.
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Old 02-02-2013, 09:35 AM   #10
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Originally Posted by Gorlininc View Post
In my option. I'd goto your state DMV. Just show them the copy of the title. Ask them what you need to register this RV in your state. If its nothing special because its s LLC then I'd be fine with the title since you did speak to the owner on the title.
As far as the cash is concerned. I'd fly wherever the RV is with a certified check on hand. And get the title.
In FL you can get a 30 paper license plate with no title. Only an insurance card. Then drive it home and register it.
That's what I would do if you want that MH.
Rick
The issue of the third party broker concerns me and I don't think I'd wire the money anywhere except as noted below. As someone who's bought and sold lots of stuff on eBay, I can tell you my 100% rating is something I covet. All it takes one bad transaction to ruin future business if you're not a high volume seller. So, like Rick said, I'd try to do the final transfer of funds when you pick up the RV, title and bill of sale. The problem with a certified check is, because printers are so good these days, bogus certified checks can be to look very authentic. Perhaps instead you should try to wire the funds from your local bank to the same bank in the other state, if it does business there, and have the seller with you when you get the bank to print the check.

I don't believe the issue of the Montana LLC is anything to worry about as long as the title was properly signed over by the LLC and no liens are stated on the title, but do make a visit to your DMV first to make sure. Take a look also at using PayPal. You would obligated your funds to the seller through PayPal and both of you should be okay.
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Old 02-02-2013, 09:42 AM   #11
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Since you will need to pick it up anyway take a check or way of transfering funds, meet at the dmv and after title transfered do funds

If in different state then drive to yours, ask for supervisor and ask if it can be some remotely or how they suggest to do it.

The have likely been there before, you may need to fax some things, but I would think there is a clear way to get it done.

The seller can fax you a copy of the title with "SAMPLE" written on it and you could take it to your DMV and they could verify it is good to go, if not...
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Old 02-02-2013, 09:47 AM   #12
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thinking about it unless it can get cleaned up. Its a bunch of hair
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Old 02-02-2013, 09:54 AM   #13
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Thanks. I appreciate that info. I think the paypal will be very costly for the seller. I am not sure they will go for that. Just a wire. I was considering meeting him to do the transfer at a branch of my local bank do the wire. I really would like to register title before I wire the funds in case and issue comes up. Its seems like nobody likes cashiers checks because of Fraud, but I am more concerned with Title issues. I assume you can print a title as easy as a cashiers check!
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Old 02-02-2013, 09:57 AM   #14
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I guess my real concern is paying someone that is not in the chain of title before I register the vehicle. Although, I assume everyone does it just like that and assume the title is clear. Of course even if he was on the title, its risky that that state will accept it after paying. Clearly an escrow situation would make me feel better.
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