Screwed Around or Normal Practice
Ultimate HDF Member
Joined: Aug 2012
Posts: 6,470
Likes: 4
From: on the road
In Texas, every legitimate dealer has every legitimate transaction include a limited power of attorney that allows the dealer to go to the DMV and execute titles as if they were the owner of the vehicle. They should have had you sign one and should have told you that is what you were signing.
BULLSHIT-------------------they have no reason to have a limited or any kind of power of attorney on the buyer,he is his own agent.The only reason they have one on the previous owner is to be able to sign for him after its paid for so he doesn't get to hold the title in the mean time---------------when the previous owner gets the lien released it won't assign to the dealer,thats what his license is about as well as his bond and liability blanket --------------its up to the new owner to get any vin inspection or any other things needed to perfect the title in the open spot on the title---------some states have multiple open spots for reassignment as well.If a dealer actually puts a title in their name it is for laundry purposes only IE to hide severe collision damage etc.After calling a lawyer friend of mine in Dallas he also stated all consignments must have a title in the dealers possession to be legal in TX in the first place
The only time a purchaser would have a poa is when a item is financed thru a leasing company and the title needs perfected in such a way it is in the leasing companies name with the purchaser listed as a co owner-----------I am sure no one would lease purchase a used sportster
Intermediate
Joined: Jan 2010
Posts: 47
Likes: 0
From: Ontario, Canada
There sure is a lot of good and bad advice on this thread.
I am not a lawyer, nor am I familiar with the laws in Texas, so all I can tell you is what I would do if I was in your position...
1) Call the Dealer (TODAY) and tell them you are coming in on Saturday to get the title. Make sure they know you are coming to give them the time to get it done (if they haven't already.) There is no use just showing up and demanding the title. If they don't have it, it's a waste of time.
2) Let them know (TODAY) that if the title is not in your hands on Saturday, that you will be contacting the State authorities to lodge a formal complaint, as well as your lawyer, first thing Tuesday A.M. (Isn't Monday a holiday?).
3) Speak to a lawyer (TODAY) to find out exactly what your options are. In fact, a letter on a Lawyer's letterhead that you can take with you on Saturday (to hand to the dealer if they DON'T have the title ready) , which outlines a "course of action" (a nice way of saying "threat") might push them in to resolving the issue "out-of-court" a little faster. This can be powerful, especially if they are up to anything "shady" that they will want to avoid coming out in a public (legal) forum.
4) DON'T take the bike with you. In fact, if a full refund is an option, make sure that you have the money (CASH.... from what I've read, I wouldn't accept a cheque from these guys unless it's certified by the bank) before you deliver the bike back to them.
As previously posted "You are the victim here." Make sure whatever you do is best for you, not them.
Above all.... keep us posted on the results. You've obviously got a lot of members VERY interested in how you make out.
I am not a lawyer, nor am I familiar with the laws in Texas, so all I can tell you is what I would do if I was in your position...
1) Call the Dealer (TODAY) and tell them you are coming in on Saturday to get the title. Make sure they know you are coming to give them the time to get it done (if they haven't already.) There is no use just showing up and demanding the title. If they don't have it, it's a waste of time.
2) Let them know (TODAY) that if the title is not in your hands on Saturday, that you will be contacting the State authorities to lodge a formal complaint, as well as your lawyer, first thing Tuesday A.M. (Isn't Monday a holiday?).
3) Speak to a lawyer (TODAY) to find out exactly what your options are. In fact, a letter on a Lawyer's letterhead that you can take with you on Saturday (to hand to the dealer if they DON'T have the title ready) , which outlines a "course of action" (a nice way of saying "threat") might push them in to resolving the issue "out-of-court" a little faster. This can be powerful, especially if they are up to anything "shady" that they will want to avoid coming out in a public (legal) forum.
4) DON'T take the bike with you. In fact, if a full refund is an option, make sure that you have the money (CASH.... from what I've read, I wouldn't accept a cheque from these guys unless it's certified by the bank) before you deliver the bike back to them.
As previously posted "You are the victim here." Make sure whatever you do is best for you, not them.
Above all.... keep us posted on the results. You've obviously got a lot of members VERY interested in how you make out.
Ultimate HDF Member
Joined: Aug 2012
Posts: 6,470
Likes: 4
From: on the road
I would NOT prewarn the dealer I was coming-----------I would just show up.
I still done believe that a dealer would go and take a title to the dmv for a purchasing customer to do title work just due to the fees involved
I still done believe that a dealer would go and take a title to the dmv for a purchasing customer to do title work just due to the fees involved
Road Captain
Joined: Jul 2012
Posts: 550
Likes: 0
From: Houston
Dealers do it all the time. That's what they charge the $50 bogus document fee for on every vehicle contract in Texas. Then about once a week they take all of them down and for a couple hours time for a dealer flunky at a little over minimum wage they get $50 times how many deals that week? Even it it was the only deal that week $50 vs 2-3 hours minimum wage pay still adds to the bottom line. For even a small dealer there will usually always be several and for a large dealer there could be a few dozen.
Tourer
Joined: Mar 2008
Posts: 332
Likes: 0
From: Rockys
It was, no arguement from me.
but I have bought cars from dealers before. I go in a pay them I get my title and tags in a couple weeks. I never expected this type of thing to happen with a dealer. Had it been from an indiviual I would not have gotten into this deal.
While it wasnt a harley dealer, it isnt a tiny dealer by any means.
but I have bought cars from dealers before. I go in a pay them I get my title and tags in a couple weeks. I never expected this type of thing to happen with a dealer. Had it been from an indiviual I would not have gotten into this deal.
While it wasnt a harley dealer, it isnt a tiny dealer by any means.
So, give the dealer a chance to make it right, also they can't sign the title unless the prior owner gave them power of attourney to do so, and, if the bank had a lien then the bank would have the title (in the owners name) and will release it and the lien once the loan is paid.
Now if the dealer gave the $ to the owner, and the owner never paid off the loan...then the bank ownes the bike and you are out of the money and the bike. Sometimes it pays to finance the vehicle initially, to get all the paperwork sorted out, then pay off the loan.
Hope it works out for you.
Grand HDF Member
Joined: Jun 2010
Posts: 4,584
Likes: 918
From: coast to coast
There sure is a lot of good and bad advice on this thread.
I am not a lawyer, nor am I familiar with the laws in Texas, so all I can tell you is what I would do if I was in your position...
1) Call the Dealer (TODAY) and tell them you are coming in on Saturday to get the title. Make sure they know you are coming to give them the time to get it done (if they haven't already.) There is no use just showing up and demanding the title. If they don't have it, it's a waste of time.
2) Let them know (TODAY) that if the title is not in your hands on Saturday, that you will be contacting the State authorities to lodge a formal complaint, as well as your lawyer, first thing Tuesday A.M. (Isn't Monday a holiday?).
3) Speak to a lawyer (TODAY) to find out exactly what your options are. In fact, a letter on a Lawyer's letterhead that you can take with you on Saturday (to hand to the dealer if they DON'T have the title ready) , which outlines a "course of action" (a nice way of saying "threat") might push them in to resolving the issue "out-of-court" a little faster. This can be powerful, especially if they are up to anything "shady" that they will want to avoid coming out in a public (legal) forum.
4) DON'T take the bike with you. In fact, if a full refund is an option, make sure that you have the money (CASH.... from what I've read, I wouldn't accept a cheque from these guys unless it's certified by the bank) before you deliver the bike back to them.
As previously posted "You are the victim here." Make sure whatever you do is best for you, not them.
Above all.... keep us posted on the results. You've obviously got a lot of members VERY interested in how you make out.
I am not a lawyer, nor am I familiar with the laws in Texas, so all I can tell you is what I would do if I was in your position...
1) Call the Dealer (TODAY) and tell them you are coming in on Saturday to get the title. Make sure they know you are coming to give them the time to get it done (if they haven't already.) There is no use just showing up and demanding the title. If they don't have it, it's a waste of time.
2) Let them know (TODAY) that if the title is not in your hands on Saturday, that you will be contacting the State authorities to lodge a formal complaint, as well as your lawyer, first thing Tuesday A.M. (Isn't Monday a holiday?).
3) Speak to a lawyer (TODAY) to find out exactly what your options are. In fact, a letter on a Lawyer's letterhead that you can take with you on Saturday (to hand to the dealer if they DON'T have the title ready) , which outlines a "course of action" (a nice way of saying "threat") might push them in to resolving the issue "out-of-court" a little faster. This can be powerful, especially if they are up to anything "shady" that they will want to avoid coming out in a public (legal) forum.
4) DON'T take the bike with you. In fact, if a full refund is an option, make sure that you have the money (CASH.... from what I've read, I wouldn't accept a cheque from these guys unless it's certified by the bank) before you deliver the bike back to them.
As previously posted "You are the victim here." Make sure whatever you do is best for you, not them.
Above all.... keep us posted on the results. You've obviously got a lot of members VERY interested in how you make out.
If you decide to contact a lawyer that should be step 1. Whatever guidance they have will be most usefull earlier than later. See what they say before making any more arrangements or phone calls with the dealer who have already proved they are using shady practices and were not honest with you from the beginning.
Tourer
Joined: Mar 2008
Posts: 332
Likes: 0
From: Rockys
A lawyer will probably want a min of $500 up-front as a retainer fee for this, and, charge $150 per hour for their services.
Try and get this resolved without a lawyer, give the dealership a chance to make it right, see the owner/manager...not the sales monkey.
Try and get this resolved without a lawyer, give the dealership a chance to make it right, see the owner/manager...not the sales monkey.
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Intermediate
Joined: Aug 2011
Posts: 43
Likes: 0
From: Eastern Washington
Hell, I'd call the cops and claim you just got duped and scammed for X amount of dollars. This is probably something close to grandtheft... it used to be $5k or more.
Let the police tell you what your next step is. this outfit has your money and you have nothing but a borrowed bike at best. That's theft in my book.
Let the police tell you what your next step is. this outfit has your money and you have nothing but a borrowed bike at best. That's theft in my book.
call now.....
Tourer
Joined: Nov 2006
Posts: 405
Likes: 0
From: Council Bluffs, Iowa