questions & answers

Question: bought car from private sell paid in full/cash,was given title(wrong)and i have bill of sale,seller refuses to give me correct title,and i actually put vehicle on (wrong)title in my name thinking it was the title to car i bought, what can i do?

Answer:

- In a situation similar to the one described, it would be best to contact an attorney to help untangle the complexity of the situation. Generally, when both a seller and a buyer sign a title, the buyer becomes the new owner of the vehicle of the title that was signed, (see the back of the title for more information). ARS 28-2058 indicates that, if the vehicle is registered, the owner shall endorse (sign) on the certificate of title to the vehicle an assignment with the warranty of title in the form printed on the certificate. Part (b) says that the owner shall deliver the certificate to the purchaser or transferee at the time of delivery of the vehicle to the purchaser or transferee. Therefore, according to the statute, the seller must give the certificate at the time of sell. So, if the seller refuses, there may be a problem that would best be handled by either the seller voluntarily switching titles (if buyer was given the wrong one), or hiring an attorney to help sort out the problem. Read ARS Title 28 chapter 7 Article 2 “Certificate of Title and Registration” for more information regarding titles.