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PostPosted: Mon Apr 14, 2008 6:05 pm 
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ATV Junkie

Joined: Sun Jan 22, 2006 11:05 pm
Posts: 754
Location: Farmington, New Mexico
Back in February '08, I bought an '07 Brute Force 750i from a guy that advertised it here on ATV Source in the utitlity ATVs for sale forum. Everything went well until I tried to get the title in my name.

He gave me a bill of sale from him to me, the original bill of sale from when he bought it new, the MOC (Manufacturer's Certificate of Origin), and some other unimportant paperwork and such.

He had lived in New Jersey, and had bought the ATV in Pennsylvania. He neither registered nor titled it in either state (some states require registering, some require titleing). He then moved to Florida and didn't title it here.

That means he also got out of paying required taxes and fees. It also means that I was in for a big surprise.

So when I go to get the title, I was told by the DMV that I didn't have the required papers. I was also told by the DMV that he had to get NJ registration (NJ requires registering), and then he had to title it here before I could title it here.

Come to find out that was wrong. After contacting Florida DMV, I was told that since it was bought new and hadn't been registered or titled in any state, that it could be titled here as if it were brand new. So he didn't need to register it in NJ after all.

The story gets better...

In order to title in Florida, sales tax needs to be paid as well as fees. The total cost for him to title it (based on what he paid for it, etc.) was $520. He said that he sold the ATV as is, and that he wasn't going to pay to get the title. But he said that if I paid, that he would do whatever was necessary to get the title.

I shouldn't have had to pay for what he should have already paid for. His taxes and fees are his legal responsibility.

Keep in mind that in Florida, in order to legally ride on public land, the ATV needs a identification sticker (to prove it's titled and that you are the owner). If doesn't have the sticker and you are caught, you can get fined.

Not only that, but if I insure it and the ATV is stolen or totalled, before the insurance company will pay, I must hand the title over to them. So without a title, it wouldn't make much sense to insure it.

And then there's the problem of when I decide to sell it. I would have no title to sign over to the next owner, and a smart buyer wouldn't want to buy it.

So I needed a title, and was willing to compromise. I agreed to pay half if he would pay half. He wouldn't budge. Finally, I decided to give in and pay all of his title fees/taxes.

But that's not all.

Before he could get the title in his name, I had to send some of the paperwork back to him. He also had to get a lien satisfaction letter from the finance company, to prove that it was paid off. So we had to wait for that.

Come to find out that he didn't actually pay off the loan until after I bought it from him. So even if he had originally titled it in Florida like he was supposed to, I would still have had to wait for him to pay it off, and then after he recieved the title from the lienholder, wait for him to mail it to me.

So anyway, after almost two months (which seemed like an eternity), I finally recieved the title from him. Then I had to pay the taxes and fees for me to get the title. I had to pay $520 for his title, $370 for mine, for a total of $890.

So today I finally have the title in my name, but the good deal I got on the ATV wasn't quite so good afterall.

Keep in mind that most states have laws that require some form of titling or registration. And without adhering to the requirements of the law, you could recieve fines or have other legal hassles and costs.

If I had known, I would have never bought it. At least we both learned a lesson.

When you buy a used ATV (especially from an individual), be very sure that all of the paperwork is in order. Don't get caught unaware like I was.

Thanks, William.


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PostPosted: Mon Apr 14, 2008 9:17 pm 
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ATVing To The End
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Joined: Fri Nov 21, 2003 4:56 pm
Posts: 3812
Location: Ohio
Bummer!


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PostPosted: Tue Apr 15, 2008 7:54 am 
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Trail Riding Member

Joined: Tue Jan 15, 2008 3:47 pm
Posts: 60
the dealer i bought my quad from handled all the title work for me. I paid them the cost of title at time of purchase. 3 weeks after my purchase i got my louisiana reg decal and accompanying paperwork. i never had to set foot in the [profanity] dmv.


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PostPosted: Tue Apr 15, 2008 4:17 pm 
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ATV Junkie

Joined: Sun Jan 22, 2006 11:05 pm
Posts: 754
Location: Farmington, New Mexico
That's what I get for not buying from a dealer. But then again, when buying from a dealer, you pay for the profit that they made. So buying from a dealer generally costs more.

But on the other hand, with what I paid for his title, that may have ate up what savings I got by buying from an individual.

Of course, not every transaction with an individual would be as bad as mine was.


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PostPosted: Wed Apr 16, 2008 7:41 am 
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Trail Riding Member

Joined: Tue Jan 15, 2008 3:47 pm
Posts: 60
i got lucky and only paid 6800 for my sportsman 700. it was the last 07' on the floor. had body guard kit, brushguards, fender gaurds.


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PostPosted: Wed Apr 16, 2008 9:18 am 
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Still on the Trailer Member

Joined: Wed May 10, 2006 3:16 pm
Posts: 3
That is a sad story, I bought our Quads new as last years models, eg 2005`s were bought in 06, I paid 5800 for a Brute Force 750 w/ a warn winch installed in March of 06 that included tax/title and off road permit, and I paid 5200 out the door for my wifes Prairie 700, so watch your dealers for last year models and great prices, i did my shopping bu it wasn`t that bad a week or 2 and hour hear and there for both.


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PostPosted: Wed Apr 16, 2008 9:27 am 
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Trail Riding Member

Joined: Tue Jan 15, 2008 3:47 pm
Posts: 60
most definately watch dealers around oct thru end of year. by then, the new year model have hit the floor and they are trying to sell the last years models. this was the only 07' of any brand they sold on the floor, besides the kids mini quads, and the sportsman 800 beast they had jacked up about 6 inches with some 32" outlaws on it. Twin snorkels, radiator had been relocated higher(where pop off plastic cover that says polars was. it was a bad ass rig. sorry for off topic, but a tricked out quad gets me excited.


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PostPosted: Sat May 24, 2008 12:15 am 
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Still on the Trailer Member

Joined: Sat May 24, 2008 12:08 am
Posts: 8
I hope this thread isn't to dead for me to ask something.

Last month I bought a ATV from a guy in GA, at the time he said he ordered the title from Suzuki but it would take a month to get here. I knew already that meant he still had a lien on it. No biggie, I've been there before. So we did the bill of sale when I picked it up and he called me the other day and told me he got the Certificate of origin in. However I was first told by my DMV that he would have to title it before I can. I'm trying to get this done ASAP just because I'm tired of dealing with it, plus I haven't paid the taxes yet because I wanted to do everything at one time. So anyways, he went to the GA DMV today and was told that GA doesn't title or register ATVs. After doing research I found this to be true. Now my state (SC) does require a title. My question is, how am I going to get this titled if he only has the Certificate of origin? He said there was nowhere on the back for him to sign it over to me? Does anyone know? I don't want to wait until Tuesday to call the DMV. Thanks


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PostPosted: Sat May 24, 2008 8:33 am 
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ATV Junkie

Joined: Sun Jan 22, 2006 11:05 pm
Posts: 754
Location: Farmington, New Mexico
The Manufacturer's Certificate of Origin (MCO) has no place on it that allows an owner to assign the ATV over to a second owner. It does have a place where a dealer can get the ATV registered or titled in whatever state it is sold.

If I'm not mistaken, according to Florida law, if the ATV came from a state that doesn't require registration or titling the new owner would be able to title it with a bill of sale (I can't remember if the MCO is needed).

I would be willing to bet that there is a similar law in South Carolina. However, what you are told by the DMV can vary from location to location and person to person.

I did a Google search for the Florida DMV and found contact information that was given just for asking questions like this. What I was told online was the official word, and that was different than what I was told at the DMV. South Carolina may have something similar on their website.


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PostPosted: Sat May 24, 2008 9:24 am 
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Still on the Trailer Member

Joined: Sat May 24, 2008 12:08 am
Posts: 8
Thanks for the info. I'm hoping SC has a law like that. The only response I got from searching for anything brought me here to your post. SC's DMV website is no help. Doesn't state a whole lot about ATVs. As soon as I hear something I will post back just in case anyone goes through the same thing.


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