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COMMON AUTO TITLE MISTAKE ISSUES SERIES:

Car Title Mistakes By The Seller and the Buyer

In this four segment series of common auto title mistake issues; I will highlight the most common types of auto title mistakes/omissions, consequences for having the mistakes/omissions present and possible solutions available. Please be advised that the auto title mistakes/omissions is the primary reason why DMV rejection occurs when it comes to auto titles. Keeping that in mind, the first segment in this series that will be addressed is: Car Title Mistakes By the Seller and the Buyer.

This post will portray the mistakes/omissions that the seller and buyer often make on auto titles, the responsibility of each party, the consequences that occur, and solutions available to correct the mistakes/omissions regarding the auto title. Accordingly, the actions that the seller and buyer take regarding completing the title, can affect each other significantly. First, let's take a look at the mistakes that are usually made by the seller or buyer or sometimes both parties:

MISTAKES/OMISSIONS CAUSED BY THE SELLER AND BUYER

The buyer signing and printing his/her name in the seller's section or vice versa
Forgetting to print and or sign as the buyer/seller at all
Forgetting to complete the odometer disclosure section on the title
Providing the wrong mileage in the odometer section on the title
The seller forgets to record him/herself as the lienholder (APPLICABLE IF THE BUYER STILL OWES MONEY TO THE SELLER)
Recording a lien in error (THE SELLER AND OR BUYER MAY COMPLETE THIS SECTION IN ERROR)
Forgetting to put the date of sale on the title
Forgetting to put the address for the seller/buyer (in each party's designated section)

RESPONSIBILITY OF THE SELLER AND THE BUYER

To ensure that mistakes and or omissions are alleviated; both parties (the seller and buyer) both have responsibilities regarding the legal transfer of an auto title. The following describes the responsibility of each party:

The Seller:

Print and sign his/her name as the seller as well as his/her address on the title
Complete the odometer disclosure accurately on the title
Print the date of sale on the title
Print the sales price of the vehicle on the title
Seller should list him/herself as the lienholder (if the buyer still owes the seller money for the auto in question). Note: If the seller doesn't list himself, there is no guarantee that their financial interest in the vehicle will be protected.
Avoid making erasures and or strike-thrus on the title!!!

The Buyer:

Print and sign as the buyer as well as his/her address on the title
Avoiding making erasures/scratch thrus on the title!!!

While the bulk of the title transfer rests upon the seller; there are times that the buyer is expected to complete certain sections that the seller omitted to complete such as:

Odometer Disclosure section
Date of Sale
Sales Price

Note: Generally, the buyer can complete the above areas that were omitted by the seller, however certain DMVs require the buyer to complete the above areas and won't allow the seller to do so, unless they have Power of Attorney to sign on behalf of the seller.

CONSEQUENCES DUE TO MISTAKES/OMISSIONS ON AN AUTO TITLE

Mistakes or omissions that occur on an auto title allows for consequences because an auto title is a legal document and any alterations/scratch-thrus, etc. will void the document. Accordingly, the following are the top consequences that occur when mistakes and or omissions are present with an auto title:

Title transaction is delayed, denied with overall DMV rejection!!
Possible investigation by DMV and or law enforcement, depending on the errors, and the severity thereof!!

SOLUTIONS FOR CORRECTING THE MISTAKES/OMISSIONS

In the event mistakes an or omissions occur with the auto title; the most important thing to keep in mind is time. The sooner the mishaps are caught and addressed; the easier it is to get the situation corrected (at times). The following are solutions that can help solve mistake/omission issues on an auto title:

The seller and or buyer can acknowledge the mistake in writing
In the event of an omission; have the responsible party complete his/her section accordingly (if possible)
Depending on the severity of the mistake on the title, the seller will be able to get a duplicate title; thus allowing the transaction to start over for both parties.

Note:Please be advised that when it comes to mistakes with the odometer disclosure, that written acknowledgements won't rectify the situation.

If you are involved in an auto title mistake matter, please contact Wisdom & Authority Title Solutions LLC for assistance.

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January 2015

CAR TITLE MISTAKES BY THE SELLER AND THE BUYER (SEGMENT 1)