OPEN TITLE PURCHASE | FerrariChat

OPEN TITLE PURCHASE

Discussion in 'Texas' started by scowman, Feb 14, 2018.

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  1. scowman

    scowman F1 Rookie

    Mar 25, 2014
    2,510
    Scottsdale AZ
    Full Name:
    Stu Boogie
    Trying to buy a 456 with an "open" Georgia title. This means the seller bought it from the title holder but the title holder did not but the name of the seller on it. It could have happened several times for all I know. Not sure how long car has been in TX but probably more than a year.

    I believe this is how unlicensed dealers work. That and maybe trying to avoid sales tax.

    So what happens when I go down to the tax office and try to register it? I'm going to be outside of the 20 days and not going to have any docs from the titled seller.

    Thoughts/ideas?

    I've looked at the bonded title stuff but that does not look good.
     
  2. dc3843

    dc3843 Karting

    Dec 13, 2014
    134
    Frisco, TX
    Full Name:
    David Conrad
    So is the title from the guy your buying from in is name? If so he should sign and it shouldn't be an issue....
     
  3. scowman

    scowman F1 Rookie

    Mar 25, 2014
    2,510
    Scottsdale AZ
    Full Name:
    Stu Boogie
    No, that is what an "open title" is. The previous owner signed the title without filling out the buyer info or putting down the date. The new owner never changed the title or registered it. Now he wants to hand me the title from the previous owner and signed by the previous owner. It's a common unlicensed broker maneuver. Too many sales in one year and you have to get a license... So they don't transfer title and stay off the state's radar.

    Just not sure how Texas deals with it.
     
  4. deeprivergarage

    deeprivergarage Formula Junior
    Owner Rossa Subscribed

    Oct 3, 2009
    560
    S of Fort Worth
    Full Name:
    Jerry
    scowman:

    Are you saying the Georgia owner only signed the title as the owner of the vehicle, or that he/she also signed the assignment section on the Georgia title, as the seller?

    The Georgia "title named seller" must sign the assignment section of the title to transfer the title to the buyer's name. Which I think from your explanation is the vehicle's current title status. Notwithstanding, the Texas interim seller's untitled/undocumented ownership.

    If the title assignment section is signed by the Georgia owner, that should be sufficient regarding the actual title document for you to get a Texas vehicle title.

    Unfortunately, this is a bit of a two step issue for all of us.

    The vehicle Georgia title is one issue, the Texas Title Application, Form 130-U, is the second.

    It is my understanding that the "title named seller" (Georgia seller in this case) does not have to sign the Texas Title Application form 130-U, if the sale of the vehicle occurred after September 1, 2017. (Sales/purchases prior to Sept. 1, 2017, required the "title named seller" to sign both the back of the title (title assignment section) and the Texas Title Application Form 130-U.) This was often a problem in Texas to find the "lost" seller/owner and get the owner's signature on the buyer's title application.

    You will have to complete and sign Texas Title Application Form 130-U as the Texas buyer/title applicant. The Texas Title Application Form 130-U can be downloaded from your computer. You can fill the form out before you go to the title/tax collector-assessor's office to transfer the title and register the vehicle. If the vehicle is 10 years or older the mileage section certification can be noted as exempt.

    Because the vehicle currently has an out of state title you will have to get a Texas Vehicle Inspection station to certify that the VIN number on the vehicle matches the Georgia vehicle title.

    The form for the VIN certification is Texas Form VTR 68-A. The inspector will have the certification form.

    The vehicle must also have a current annual state vehicle inspection, if the vehicle is currently located in Texas, in order to get a new Texas title in your name.

    You will also have to have proof of Texas financial responsibility/insurance.

    Several years ago I bought a Ferrari that was titled in Pennsylvania, from a guy that lived in Texas, who had purchased the car while he lived in Vermont and did not transfer the title there, from a guy who lived in Pennsylvania that had signed the PA title as seller. I was able to contact the guy in PA to also sign the Texas title application which was required at the time. The PA owner was a FerrariChat guy and was glad to help me with the paper work.

    Thankfully, it is my understanding that the Texas law regarding the requirement that the seller had to also sign the Texas title app. changed on Sept. 1, 2017, and the seller's signature on the title application is not longer required.

    I hope this information is correct and helps you resolve your potential title transfer issue.

    Good luck,
    Jerry
     
    Schatten and Texas Forever like this.
  5. scowman

    scowman F1 Rookie

    Mar 25, 2014
    2,510
    Scottsdale AZ
    Full Name:
    Stu Boogie
    BINGO. You nailed the issue. Thanks a bunch.
     
  6. henryr

    henryr Two Time F1 World Champ
    Silver Subscribed

    Nov 10, 2003
    21,692
    Atlanta
    Full Name:
    Juan Sánchez Villa-L
    get a copy of the BOS the owner used to purchase the car from the individual named on the open title
     
  7. mathewr

    mathewr F1 Rookie
    Sponsor Rossa Subscribed

    Dec 7, 2011
    2,803
    Deep in the Heart of Texas
    Full Name:
    Ferrari Wheel Guru
    Jerry is correct, I have been down this road on the selling and purchasing side.

    Jerry has laid it out nicely above. I can assist as well if needed, I am in Houston.

    I just bought a 996 Turbo in Penn and drove it back to Texas in June 2017.
     
  8. gobble

    gobble Formula 3
    Owner Regional Sponsor

    Jan 29, 2010
    1,647
    Milwaukee, WI
    Full Name:
    Ferrarifobs.com
    Where did you guys see that the law regarding seller signature changed for sales after September 1, 2017? I'm selling my Gallardo to a Texas resident that asked me to sign his title application, which I thought was extremely unusual.
     
  9. gobble

    gobble Formula 3
    Owner Regional Sponsor

    Jan 29, 2010
    1,647
    Milwaukee, WI
    Full Name:
    Ferrarifobs.com
    Nevermind I found it in a Texas motor vehicle tax manual. Thanks for posting that here.
     
  10. BigTex

    BigTex Seven Time F1 World Champ
    Owner Rossa Subscribed

    Dec 6, 2002
    79,218
    Houston, Texas
    Full Name:
    Bubba
    It just skipping the taxes, but if you go in past 60 days from that date on the sell side, YOU get to pay not only the "skipped" sales tax but at that point 10 % additional penalties because they hate people that do this.

    I think its 5% at 30 days....LOL!
     
  11. Xtreme5053

    Xtreme5053 Formula Junior
    Owner

    Aug 20, 2006
    304
    Just make sure any dates are within 30 days of registering and you should be fine.

    Inspection
    Date of sale
    I-30, etc.


    Sent from my iPhone using Tapatalk
     

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