Screwed Around or Normal Practice
Tourer
Joined: Nov 2006
Posts: 405
Likes: 0
From: Council Bluffs, Iowa
You may find this interesting too. http://ftp.txdmv.gov/pub/txdot-info/.../section06.pdf
Especially the parts about powers of attorney and liens.
Especially the parts about powers of attorney and liens.
Ultimate HDF Member
Joined: Aug 2012
Posts: 6,470
Likes: 4
From: on the road
excellant information for this case-----------seems no power of attorney for buyers but the dealer must submit to the tax collectors if a in state deal.after reading that It makes this deal worse
bonus round is the bonded title thing--------at least that can be a problem solver
bonus round is the bonded title thing--------at least that can be a problem solver
Last edited by 3408pete; Aug 29, 2012 at 05:19 PM.
Road Captain
Joined: Mar 2008
Posts: 697
Likes: 5
From: NE, FL
Subscribed.
Last edited by zer0t; Aug 29, 2012 at 05:51 PM.
Ultimate HDF Member
Joined: Aug 2012
Posts: 6,470
Likes: 4
From: on the road
I talked with a upper nut with HD today at a local store about my sales tax experience in Colorado as well as this-----------his statement was most HD dealers as part of their franchise agree that when a bike is to have a lien they take this responsibility of making sure its titled with the proper lien holder in place to make sure no funny stuff happens.But the way most of them do it is by forwarding it all to the finance company and have them do it
Thread Starter
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Cruiser
Joined: Jul 2012
Posts: 173
Likes: 0
From: Texas
Small update.
Dealer sent me a new temp tag. I got it in the mail today. ofCourse that doesn't accomplish anything.
The dealer is blaming Harley. The lien on the bike was from Harley. Dealer says it was the first time they have dealt with Harley and it took longer than usual. I do t really buy that but they got the title and mailed it to the original owner. If that is true maybe they can make Saturday.
Dealer sent me a new temp tag. I got it in the mail today. ofCourse that doesn't accomplish anything.
The dealer is blaming Harley. The lien on the bike was from Harley. Dealer says it was the first time they have dealt with Harley and it took longer than usual. I do t really buy that but they got the title and mailed it to the original owner. If that is true maybe they can make Saturday.
Tourer
Joined: Jul 2012
Posts: 344
Likes: 1
From: Washington
Something doesn't add up here. In my past dealings if I traded in a vehicle then the dealer required a release of interest or power of attorney and then the deal was done. I've never heard of a previous owner having to sign a title after the lien was paid off on a trade in. In fact I can't imagine a dealer ever taking a trade in under such conditions because they would be at the mercy of the previous owner. As to the dealer mailing a title released by the lienholder to the previous owner. Huh? That just doesn't make any sense. Reading through that last document someone posted a link to above it shows that Texas does have forms and documents for the dealer to process a trade in with a lien on it and never need to contact the previous owner again. Why didn't they use them?
BTW, Years ago I did trade a used car which had a lien on it in on a new pickup in Texas and they were able to complete the deal then. I.E. I did not have to sign over the title after the dealer paid the lien off.
BTW, Years ago I did trade a used car which had a lien on it in on a new pickup in Texas and they were able to complete the deal then. I.E. I did not have to sign over the title after the dealer paid the lien off.
Last edited by PosterPerfectPhoto; Aug 30, 2012 at 01:01 AM.
Elite HDF Member
Joined: Apr 2006
Posts: 3,948
Likes: 54
From: The Burgh
A bill of sale proves that the dealer sold the bike for $$$ so the buyer is covered. Nobody will repossess the bike from him. Heck, at this point, they don't even know where the bike is.
If the dealer didn't get a power of attorney from the original buyer, he's responsible for getting it ASAP and expedite the process.
In any case, a Carfax will show who the lien holder is and the dealer should take care of everything ASAP.
Last edited by frenchbiker; Aug 30, 2012 at 11:23 AM.
Cruiser
Joined: Apr 2012
Posts: 210
Likes: 0
From: Ontario
Not exactly. Lots of bikes are sold with a lien. In fact, most bikes financed have a lien on them until the loan is paid off, unless the buyer offers something else as collateral. The lien prevents transfer of ownership until the lien is satisfied, that's different. Once the buyer pays the seller or his agent (dealer), the original owner pays the loan off and the lien holder releases the lien and the title. Then the title is signed by the original owner and goes to the new owner for registration. In most cases, this is taken care of by the dealer who has power of attorney from the original owner.
A bill of sale proves that the dealer sold the bike for $$$ so the buyer is covered. Nobody will repossess the bike from him. Heck, at this point, they don't even know where the bike is.
If the dealer didn't get a power of attorney from the original buyer, he's responsible for getting it ASAP and expedite the process.
In any case, a Carfax will show who the lien holder is and the dealer should take care of everything ASAP.
A bill of sale proves that the dealer sold the bike for $$$ so the buyer is covered. Nobody will repossess the bike from him. Heck, at this point, they don't even know where the bike is.
If the dealer didn't get a power of attorney from the original buyer, he's responsible for getting it ASAP and expedite the process.
In any case, a Carfax will show who the lien holder is and the dealer should take care of everything ASAP.
The bike not getting repossessed because they don't know where it is? What does that matter? Thats like saying it's ok to steal something because the cops aren't sure where to find you. HD owns that bike until the debt is paid. That much is for sure.
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Road Master
Joined: Oct 2009
Posts: 1,159
Likes: 0
From: NC
All states have different laws so you have gotten advice all over the map except calling a lawyer or the state attorney.
Here in NC you have all you need for a new title and that is the Bill of Sale. It includes all the information you would need.
Hope it works out for you Good Luck
Here in NC you have all you need for a new title and that is the Bill of Sale. It includes all the information you would need.
Hope it works out for you Good Luck
Elite HDF Member
Joined: Apr 2006
Posts: 3,948
Likes: 54
From: The Burgh
Even if there's a lien on the original title?