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What happens when a car is written off?

Can I back out of a hand written Bill of Sale on my car I wanted to sell?

  • I moved from California to Georgia, well I drove my car here which is registered and insured in California. I decided to pay it off and sell it here in GA, well a guy came to see the car and liked it, since I didnt have the title he said he would wait and give me $100 for me to hold the car for him until I got the title. Well he made a written bill of sale stating that I would sell the car to him for $6000 and a $100 deposit, my bank sent the electronic title to the DMV in California so now I have to wait for my sister to get it and send it here by mail which would take about two weeks. The guy is not happy and says he cant wait that he will come and give me the money and take my car, but I dont want to because I'll still be responsible for whatever happens to the car, this guy has been harrasing me every day asking for the car, he will come to my house with the money and want to take it.. well now I dont want to sell it to him without the title... or even when I get the title because he's been harrasing me and even coming to my house, can I back down and not sell it to him even though I singned the written bill of sale he did stating that I would sell it to him once I got the title ? what could he do with that paper , would he take me to court and get my car if I dont sell it to him? I'm nervous, Please give me an idea on what to do. Thank You in advance.

  • Answer:

    I would not like it if some guy was harassing me to sell him my car. You clearly has something he wants badly, so make him wait. If it were me, I would give him back his deposit, tear up the BOS, and tell him you will call him when the title arrives. Tell him to stop calling and coming by. He sounds like a stalker. Or.... if you want the money now.... give him the car, write up a BOS, take the cash, and let him have the car. When the title comes, send it to him (he will probably camp out in your front yard, stalking the poor mailman). All depends on your comfort level. If you want to sell now, write up a second document stating as of this date, you are no longer legally responsible for the car. That might CYA until the title comes in. Remember, you will still have to convert the CA title to a GA one. The DMV office down in Hapeville (near the airport) can issue a new title in person. All other GA tag offices issue titles via the mail, another 2 week wait. I would make him give me $28 to get the new title in person and be done with it. Check out the GA DMV website for details.

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You have nothing to be worried about. As long as he pays you in advance and you get & keep a copy of the bill of sale with the correct date that he takes the car. He is the one taking the risk....and he might incur a small penalty for not registering it on a timely basis. I wouldn't think twice about it. But, if you prefer, tell him no and give him his deposit back. He clearly NEEDS the car and if he is willing to pay you upfront, you have nothing to fear. The sale date is the date on the bill of sale. Titles can & often do come later. Dealers often buy & sell cars without the title. Happens everyday. The titles can come later. But you DO owe him the title. As long as you give it to him, you wont have any problem. Theres no logical reason to do that though. Just be sure he understands and write on the bill of sale that you wont be responsible for any fees or tickets he might incur. (He should be able to get a temp. tag or two while waiting on the new title)

Give him his deposit back and tell him to rent a car (from rent a wreck) for the two weeks it takes to get the title. Share the cost of the rental 50%...at least I would because you really shouldn't be selling something without the title in hand to avoid these issues.

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