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Old 02-21-2015, 10:54 PM   #1
BigShooter OP
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Joined: Jun 2013
Location: republic of Texas
Oddometer: 175
Texas title woes

So, I am going to buy this bike from a guy. He says it has a clear title, which technically, it does. So, I went down to the credit union and got the cash. The problem is, last year, a friend of his talked him in to selling it to him. He signed the seller line on the back of the title and dated it, and his buddy signed it as buyer. Reportedly, when his buddy got it home, his wife made him promptly return it. He gave the friend his money back, and got the title and bike back. So, the transaction was cancelled. Also of note, the friend isn't readily available because he is currently deployed. My question is, what has to happen for him to sell the bike to me, or for me to title it in my name? He still has the title, it just has a buyer signature on it from a failed transaction. Anybody have experience like this? Hopefully, there is some recourse that doesn't involve a large amount of time because my credit union is either gonna want a title receipt or the money back in quick order. I know I can find out Monday, but I'm trying to get this panned out sooner, if anyone knows a solution.
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Old 02-22-2015, 04:45 AM   #2
Meriden
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The place to start is the county tax assessor / collector's office. Be nice to them and patient, they are likely to work with you. Both of you may have to make the visit. This is really the seller's responsibility. When he failed to make the sale the first time he should have applied for another copy of the title.
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Old 02-22-2015, 05:15 AM   #3
MChappy
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Have him file for a lost title it costs about 6 bucks and it won't have any of the signatures or dates of the ( I didn't ask my wife first transaction on it ). If there is a local DMV office close to where you live have him go in takes a few minutes and he leaves with a new title.
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Old 02-22-2015, 05:54 AM   #4
JT Lake
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Affidavit of Fact stating "sell did not go through, buyer X never took possession of vehicle. Correct to show purchaser as (you)".
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Old 02-22-2015, 07:40 AM   #5
BigShooter OP
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Thanks to all for the advice. The affidavit of fact is one remedy I had thought might work. I'll check with the registration office tomorrow and find out.
Honestly, if the guy hadn't of been a young fella and very polite, I would have blown my top after i drove 180 miles to get the thing. I tried to give him "young and dumb" credit for not mentioning it sooner. I was to the point of fixing to hand him the cash, and happy as a lark, before I seen it on the title. But, I digress...
We shall see how this goes I guess
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Old 03-12-2015, 12:28 AM   #6
sxk122
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Joined: Mar 2015
Location: Dallas, Texas
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Quote:
Originally Posted by BigShooter View Post
Thanks to all for the advice. The affidavit of fact is one remedy I had thought might work. I'll check with the registration office tomorrow and find out.
Honestly, if the guy hadn't of been a young fella and very polite, I would have blown my top after i drove 180 miles to get the thing. I tried to give him "young and dumb" credit for not mentioning it sooner. I was to the point of fixing to hand him the cash, and happy as a lark, before I seen it on the title. But, I digress...
We shall see how this goes I guess

I just went through this. here is EXACTLY what you have to do--

Affidavit of Fact
State of Texas
This is to certify that the following described vehicle was sold to (your name) on the (date) day of (Month), (year).
Year :( year of Bike) Make: (Make) Body Style: (MC for Motorcycle)
Identification Number: (Your VIN)
Reasona for Alteration: Prior sale fell through after title had been signed. Prior purchaser did not take. possession of the motorcycle. Please correct file to show purchaser as (your name)

Seller: (Seller's signature)
Date :(Date)

You also need to have a copy of the seller's drivers liscence.
Fax those 2 documents to TxDot at 512-302-2162. Request a confirmation. they will fax you back a letter for your records stating the transfer mark has been removed.
Take that document and the title to the tax office.

Done.

Only took 3 trips to get this figured out.....grrrr.... lol
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