Need help for a friend [car title trade gone wrong]

"julienjj" (julienjj) 10/08/2014 at 11:39 • Filed to: fraud, carbuying, trade, scammers, sale

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Nighmare inside.

My friend traded his mazda3 with an other dude cars last week. (against my advice, it's a 1998 A4 2.8 quattro)

Well, it ends up the audi is a salvage title at the DMV that can no longer be issued a license plate. When he traded the car, the other party handed papers that where in his possession before the car was declared salvage, therefore, the paper my friend has in hands are a clean title and the expiration date is not reached yet. You can imagine he got quite a surprise at the DMV, also, the papers under the previous audi owner's name. (yes.....)

The other party has not changed the ownership or the license plate of the mazda at the DMV yet. He was spotted driving around town with other various license plate (we suspect he has a suspended license, and thus cannot take ownership of the mazda at the DMV)

My friend is an idiot sometimes, and they didn't wrote a sale contract, nor he checked the VIN. They did the trade when the DMV was closed (likely an intentional move from the other party)

I guess we could drop the audi in his driveway, and tow the mazda back home.
Could we report the car as stolen ?
One thing we can do for sure is to declare the car as destroyed/salvage to the DMV, but that would likely put someone else in the same position than my friend is right now.

But there has to be a better way to unfuck the situation right ? That's some kind of theft/fraud.

Need your wise advise, opponauts.

UPDATE 1: We got in touch with the original owner who's name is on the title. He sold the car for 500$ for parts and his the one who noticed the DMV that the cars is no longer drivable. He's willing to write a new procuration so my friend can legally take ownership of the audi. (As per local law he is still responsible for that car, so it's in his best interest that this car is off the road. He was unaware that the crooks was still driving it).

bob and john > julienjj 10/08/2014 at 11:47

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!!!!!!

My first thought it to sue that other guy. This isnt bought as is, it was intentionally hidden. which the "as-is" doesnt cover.

you should be able to take the mazda back in court.

also, be sure to mention to your friend that we think hes a bit of a moron.

treesmakewater > bob and john 10/08/2014 at 11:55

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who doesn't check the Vin, I mean really?

jariten1781 > julienjj 10/08/2014 at 11:55

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Contact the guy and see if you can work something out otherwise you're going to court and it ain't gonna be a short turnaround.

Police won't intervene and will state it's a civil matter (unless you live in a really small town).

Your friend violated a number of the cardinal rules of car purchasing and he's going to pay for it.

Jeremy H formerly Kalakaboooom > julienjj 10/08/2014 at 11:56

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First and foremost, and I mean this with deep seated respect, your friend is an idiot.

Now, that's out of the way, try to contact the guy he did a deal with first, let him know that you want to undo the trade, specifically because he lied about things. Tell him he did not inform your friend of the salvage title, and that if taken to court, he will lose and will have to take the Audi back. Also let him know, that you witnessed him driving the car with non-legit plates, and will be willing to say that under oath. If that doesn't scare him sufficiently, take him to court and do it.

I wouldn't go and just straight up tow the car home and leave the Audi in his driveway, because if you do that, then you open yourself up to a new world of problems. Just threaten him with legal action. If I were your friend I would be talking to a lawyer right fuckin now. Get the ball rolling so the second the timeframe you gave him to undo the transaction is up, you can get a court summons.

Chris Clarke > julienjj 10/08/2014 at 11:57

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You need to ask Steve LeHeto .

cabarne4 > julienjj 10/08/2014 at 11:58

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I'd go to the police. The car was traded under false pretenses. Your friend was given fake documents for an Audi in exchange for his Mazda. It's a case of fraud. Threaten legal action if he doesn't return it. If you know he's running with fake plates, that's again illegal. The moment a cop shows up threatening to arrest him / impound "his" car, he'll sweat.

julienjj > treesmakewater 10/08/2014 at 12:05

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I know, it's so easy to replace the vin on dealers website URL to get a free carmax.

KusabiSensei - Captain of the Toronto Maple Leafs > julienjj 10/08/2014 at 12:07

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A fool and his Mazda are soon parted. Along with his money.

You have to call a lawyer for this one. If the title was branded and the title your friend received isn't branded as the DMV has it recorded, that means either you don't have the latest title (in which case it becomes questionable if the other party had legal right to sell the car), or you have an altered title (which is prima facie fraud, and is illegal).

And please tell your friend he is a class A idiot.

julienjj > KusabiSensei - Captain of the Toronto Maple Leafs 10/08/2014 at 12:22

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I just updated the OP. He will have the papers signed by the original owner to take ownership of the title. We are also looking to get the insurances back on the car mazda; in case he does some damage with the car and abandons it there. That could be really expensive, more than the 4-5 grand the mazda is worth.

treesmakewater > julienjj 10/08/2014 at 12:30

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i did not know that, but you can get a free report on the title status.

Captain of the Enterprise > julienjj 10/08/2014 at 13:24

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How? I've been wanting to run a carfax on my first car to see where it is and if its still alive but find it hard to justify paying for a carfax for a car I can't afford right now anyway.