Posted 2013-12-03 7:45 AM (#156080) Subject: Selling a trailer tagged in Maine
New User
Posts: 3
Location: Denver
Hello! I'm new to the forums and hoping someone can help me.
Last year I sold a horse trailer to someone to my home state of Colorado. It was tagged in Maine (but not titled there, as the age of the trailer was older than what requires a title in Maine) and at the time I sold the trailer I gave the buyer a bill of sale and all the paperwork for the trailer. Included was the original title to the trailer, which was signed over to me when I bought the trailer from its original owner.
Over a year has passed since the sale, and the buyer has suddenly contacted me to say that they are having trouble registering the trailer in Colorado. The DMV is telling them that I must title it in Colorado before the new owner can take ownership.
Does anyone know whether that is true? Any guidance about legal statutes in either state would be most helpful; I am having trouble finding any information online as to the motor vehicle laws for either state. Not to mention I am hesitant to just take the buyer's word for it, as it would likely mean me having to pay for a service I do not need.
Posted 2013-12-03 8:33 AM (#156081 - in reply to #156080) Subject: RE: Selling a trailer tagged in Maine
Elite Veteran
Posts: 801 Location: Tenn/Ala.
In most states, unless you are a licensed dealership, it is required for you to complete the title transfer to yourself before it can be transferred away from you. My understanding, is that until some state titles it to you, the original sale/transfer of ownership has not been completed. If the VIN is run, it will show as belonging to the person whose name is currently printed on the title.
Posted 2013-12-03 8:39 AM (#156082 - in reply to #156080) Subject: RE: Selling a trailer tagged in Maine
Veteran
Posts: 109 Location: Florida
Not your problem now is my thought, they shouldn't have waited so long (maybe they got busted using another tag on the trailer?)... But, true, the title being in "your name" as sold to, doesn't help that person who bought it from you. If you feel you want to be nice and can work out the right deal, title it there. You will have to pay the taxes and cost of the title (IE, the right deal with the new owner). I would think with time and trust involved with both parties, my below option would be the best bet...
Just tell the buyer to change it over to a home built if having problems using the title you gave them. The DMV in their state (or maybe someone from this forum from Colorado) can give insight on how to change it over... Here in Florida, its nothing but a Vin check if it can be found/has one (to make sure not stolen) and weight of the trailer.
Posted 2013-12-03 3:39 PM (#156084 - in reply to #156080) Subject: RE: Selling a trailer tagged in Maine
Location: Colorado
You should get the title transferred to your name, and then sign it over to the buyer. That doesn't mean you have to buy plates for it- just get the title transfered. To do this in Colorado for an out of state(Maine) title, you will need a VIN verification and a certified weight slip for the trailer. I would have the buyer get those items for you since they already have the trailer.
Posted 2013-12-03 4:19 PM (#156085 - in reply to #156080) Subject: RE: Selling a trailer tagged in Maine
New User
Posts: 3
Location: Denver
Thanks for these helpful replies. I honestly don't know why the buyer wouldn't want to just tag it in Maine like I did. The fees in Colorado to register vehicles are criminal!
My husband thinks it isn't our problem anymore, and I agreed with him until the buyer texted me on Thanksgiving morning to tell me that they had directed their lawyer to contact the police about the matter if I didn't take care of it in the next two weeks.
So we are meeting at the DMV on Thursday to get the title done and transferred.
I wonder whether, in the future, listing my address on the bill of sale as the Maine registration address could have avoided this entire mess...
Posted 2013-12-03 8:21 PM (#156087 - in reply to #156080) Subject: RE: Selling a trailer tagged in Maine
Veteran
Posts: 199 Location: White Pine, TN
The problem, as RTSmith properly stated, is that you don't have a valid title in your name. Legally, it still belongs to the first party on the title. Folks often avoid titling in their home states to avoid paying sales taxes that might be due. A dealer is the only one who can transfer ownership on a title in someone else's name. This is pretty much valid in all states. There are a few states that don't title horse trailers in certain categories and that always causes problems for the owner when they go to sell it out of state.
Posted 2013-12-04 7:56 PM (#156102 - in reply to #156085) Subject: RE: Selling a trailer tagged in Maine
Expert
Posts: 3853 Location: Vermont
Originally written by LittleSpot on 2013-12-03 4:19 PM
Thanks for these helpful replies. I honestly don't know why the buyer wouldn't want to just tag it in Maine like I did. The fees in Colorado to register vehicles are criminal!My husband thinks it isn't our problem anymore, and I agreed with him until the buyer texted me on Thanksgiving morning to tell me that they had directed their lawyer to contact the police about the matter if I didn't take care of it in the next two weeks.So we are meeting at the DMV on Thursday to get the title done and transferred.I wonder whether, in the future, listing my address on the bill of sale as the Maine registration address could have avoided this entire mess...
You need to get an attorney BEFORE you meet with DMV...to determine if you actually have to have registered the trailer in COLORADO BEFORE you sold it...also, to determine what you need to prove you actually OWNED the trailer when you sold it...but there is a bit of a bluff going on...as their attorney would NOT contact the police, but contact you in the form of some legalese documents...as others have stated the people you sold the trailer to have probably been running it under a different trailer plate and got caught...since you have a bill of sale from the purchasers, one would think that this issue should be closed. Too bad you didn't get the trailer titled in Maine...:(
Posted 2013-12-07 7:31 PM (#156159 - in reply to #156080) Subject: RE: Selling a trailer tagged in Maine
New User
Posts: 3
Location: Denver
I did contact an attorney, and the path of least resistance was to meet the buyer at the DMV to do the title. It was a modest cost of $7, which the buyer paid for, probably out of guilt over threatening me the way they did.
Unfortunately Maine does not title trailers of a certain age, so that was off the table.
Now I just wait for the CO title to arrive in the mail, and then I will send it along to the buyer. I cannot wait for this to be over....had the buyer contacted me soon after the sale, I would not have hesitated to do this for them, but with the amount of time that's passed, it has been nothing but a hassle.
Posted 2013-12-10 7:37 PM (#156192 - in reply to #156080) Subject: RE: Selling a trailer tagged in Maine
Regular
Posts: 73
I guess I don't understand why it's so much of a hassle for you now, but it wouldn't have been a hassle when you first sold it. You, although unknowingly, sold them a trailer they couldn't get tags for, and you had the power to make it right. I think it was your obligation to do so, it only cost you $7. Seems like you have no right to complain about doing the right thing.
Posted 2013-12-11 5:57 PM (#156205 - in reply to #156159) Subject: RE: Selling a trailer tagged in Maine
Expert
Posts: 3853 Location: Vermont
Originally written by LittleSpot on 2013-12-07 7:31 PM
I did contact an attorney, and the path of least resistance was to meet the buyer at the DMV to do the title. It was a modest cost of $7, which the buyer paid for, probably out of guilt over threatening me the way they did.Unfortunately Maine does not title trailers of a certain age, so that was off the table.Now I just wait for the CO title to arrive in the mail, and then I will send it along to the buyer. I cannot wait for this to be over....had the buyer contacted me soon after the sale, I would not have hesitated to do this for them, but with the amount of time that's passed, it has been nothing but a hassle.
Posted 2013-12-11 8:56 PM (#156207 - in reply to #156080) Subject: RE: Selling a trailer tagged in Maine
Location: KY
it was a hassle because of the long delay and then threats of atty and police.....speaking of doing the right thing, WHY did the buyer wait so long? Good manners and a gentle voice could have made this situation a whole lot nicer and accomplished the same result without ill feelings.
Posted 2013-12-29 8:28 PM (#156485 - in reply to #156080) Subject: RE: Selling a trailer tagged in Maine
Veteran
Posts: 164 Location: Delaware
Years ago I remember selling a car that was signed over to us but never registered it. We sold it and the new owners went to get it in their name. Well, according to MD law at that time we were in the wrong for not registering it and not only did the DMV want the registration $$ but they wanted us to pay a fine for avoiding taxes and fees or our licenses were going to be suspended. From then on we only had the seller fill out their name and not date it. Also I have my trailer registered in Maine and it was over 10 yrs old.
Selling a trailer tagged in Maine
