Hi gshgraps,
It would be unwise to hire someone to confront the seller without
taking appropriate steps first, (s)he obviously will not be
cooperative. Buy yourself a brand new notebook and start keeping a
dated diary of everything you do. For example, as soon as you hang up
the phone, write down an outline of the conversation (make sure to ask
for the name of the person you are speaking with). Print out or make
copies of all forms you send in. Keep all receipts.
1) Utah law requires that a seller provide a title within 48 hours of
the transaction. Therefore, the Utah DMV would be the place to start
in trying to resolve the issue. When you call them, have the VIN
number handy so they can do a check on the vehicle.
Get a Negotiable Title from the Seller
It is unwise to rely on a seller's promise to "get the title to you."
Although Utah law requires a seller to provide a title within 48 hours
of the transaction, a common-sense approach is to obtain a title at
the time of sale, or wait to pay for the vehicle until the seller can
provide the title. Without a negotiable title, you cannot title and
register the vehicle in your name. A negotiable title is one that:
* Belongs to the vehicle being purchased. Check the make, model
and compare the 17-digit Vehicle Identification Number (VIN) against
the VIN on the car.
* Has been properly signed off by the seller. If the title is in
more than one person's name (a husband and wife, or a co-signing
parent, for instance), both may need to sign. If the title says, "John
Doe and Jane Doe", both must sign off on the title. If the title lists
"John Doe or Jane Doe," only one must sign. No notary is needed to
sign off on a title.
If a Utah title is lost, the buyer and seller may fill out a Form
TC-123, "Application for a Duplicate Title." This document, properly
completed, can then be used to register the vehicle in the purchaser's
name.
Also have a properly completed Odometer Disclosure Statement (Form
TC-891) filled out and signed by the owner and the buyer (if the car
is 10 years old or older you do not need the Federal Odometer
Disclosure Statement).
If the title shows a lien holder, verify that the lien has been released.
http://dmv.utah.gov/buyingresponsibilities.html
Buyer Beware
Used cars can be purchased at places other than dealerships. Private
sellers advertise in the classified sections of city, regional and
neighborhood newspapers and on the Internet. Be aware, however, that
unlicensed dealers advertise in the classified section as well.
Another name for an unlicensed dealer is a curbstoner (they sell cars
from the street-curb instead of from a car lot). Curbstoners are
people who make money from buying a used car and reselling it. Here
are some tips for identifying a curbstoner:
* The vehicle for sale is parked along the street or in a vacant lot
* The person selling the car asks you to meet them at a location
other than their residence
* The seller wants a cash transaction; no checks or money orders
* The title to the vehicle is not in the name of the seller
Curbstoners do not comply with state or federal laws and you have no
protection in your dealings with them. Buying from a curbstoner
increases your risk of not being able to get the vehicle title
transferred, or of getting a car which has been previously wrecked or
which has a "rolled back" odometer.
If you suspect you are dealing with a curbstoner please contact the
Motor Vehicle Enforcement Division at: (801) 297-2600 or toll-free
1-800-662-4335.
http://dmv.utah.gov/buyingprivate.html
How to File a Complaint about a Dealer
The Motor Vehicle Enforcement Division (MVED) of the State Tax
Commission regulates the automobile industry, investigates motor
vehicle fraud and helps consumers who have trouble with auto dealers.
If you feel you have been cheated in a car deal or have a complaint
about a dealer, you can contact the MVED:
Motor Vehicle Enforcement Division
Utah State Tax Commission
210 N. 1950 West
Salt Lake City, UT 84134
You also may call (801) 297-2600, or toll-free 1-800-662-4335, and ask
to speak to MVED.
http://dmv.utah.gov/buyingdealercomplaint.html
Replacing a Lost Title
To replace a lost title, complete Form TC-123, Duplicate Title
Application. This form can be obtained at any Motor Vehicle office.
The Duplicate Title Application must be signed by an owner of record
and may require a release of lien from previous lien holders. The fee
for a duplicate title is $6.00.
http://dmv.utah.gov/registerpermitstitles.html#titles
2) If you paid by credit card, the next step would be to withhold
payment and start a formal investigation with your bank within 60 days
of your first statement. At the very least, this will get the seller's
attention and may resolve the issue.
What happens while my bill is in dispute?
"You may withhold payment on the disputed amount (and related
charges), during the investigation. You must pay any part of the bill
not in question, including finance charges on the undisputed amount.
The creditor may not take any legal or other action to collect the
disputed amount and related charges (including finance charges) during
the investigation. While your account cannot be closed or restricted,
the disputed amount may be applied against your credit limit."
http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm
How to dispute a credit card purchase:
http://moneycentral.msn.com/content/Banking/creditcardsmarts/P79885.asp
3) Next, start filing complaints (links are below). It looks like a
long list, but filing online forms makes the process quicker and
easier than it was in the old days.
1) eBay
2) FTC
3) IFCC
4) Provo Police Department
5) NFIC
6) UTCF
>>> "What to Do If You Are Ripped Off Online"
http://www.auctionbytes.com/cab/pages/fraud
1) File a complaint with eBay File a report immediately with eBay Rules & Safety:
(Report Problems With Other Ebay Members)
http://pages.ebay.com/help/contact_us/_base/index.html
In order to be considered for eBay's Fraud Protection Program, you
should also submit an Online Fraud Complaint 30 days after the listing
end-date:
Online Fraud Complaint Reporting Form
http://crs.ebay.com/aw-cgi/ebayisapi.dll?crsstartpage
2) File a complaint with the FTC
https://rn.ftc.gov/dod/wsolcq$.startup?Z_ORG_CODE=PU01
3) File a complaint with the Internet Fraud Complaint Center
Internet Fraud Complaint Center (IFCC)
File a Complaint
http://www.ifccfbi.gov/cf1.asp
4) Contact law-enforcement officials at the local and state level
(your local and state police departments)
Provo Police Department
Provo City Police Department
48 South 300 West
Provo UT 84603
(801) 852 - 6210
http://www.provo.org/ppd.Contact_Information_main.html
5) Also contact law-enforcement officials in the perpetrator's town & state
6) File a complaint with the shipper
7) File a complaint with the National Fraud Information Center (NFIC):
http://www.fraud.org/info/contactnfic.htm
8) File a complaint with the Better Business Bureau [if the seller is a business]
http://www.bbb.org
>>> The Utah Cybercrime Task Force (UCTF)
http://attorneygeneral.utah.gov/CA/cybercrime.htm
4) If all else fails, there is always Small Claims Court.
"A small claims department of the District Court is designated to
settle legal issues and problems arising from contractual or service
disputes or other claims which do not exceed the sum of $7,500. A
small claims court allows an individual or business to be compensated
by a party who has not performed according to an agreement or who had
committed some wrongdoing."
http://www.utcourts.gov/howto/smallclaims/
>>> Prevention
CarBuyingTips.com Consumer Guide To Avoiding eBay Fraud, Escrow
Internet Fraud, Check Fraud, Auto Fraud, and Nigerian Scams
http://www.carbuyingtips.com/fraud.htm
EbayersThatSuck: Cars
http://www.ebayersthatsuck.com/main/index.php?ait_m=1&ait_i=101
Internet Fraud Preventive Measures
http://www.ifccfbi.gov/strategy/fraudtips.asp
There you have it! I hope things are quickly resolved before too much
more time passes. If you have any questions, please post a
clarification request and wait for me to respond before closing/rating
my answer.
Thank you,
hummer
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