Overhaulin'

In Texas should I buy a car from a mechanic after he filed a lien?

Ok, heres the deal. I'm in Texas and I'm thinking of buying this car from a mechanic. He had a woman bring the car in for transmission service but she left it and never paid. He says he filed a lien and "obtained ownsership". He said to get the car in my name we just need to go down to the registration office and file and pay the fee (whatever it may be). He also said to get the title all i need to do is have it registered to me and mail in for one, and i would get a clear title. I know ZERO when it comes to this thing. So heres what I want to know. What does he need so he can sell me the car? What do I need? How can I get a title for the car? What documentation do we need? What do I need to watch for so I don't get scammed? Thank you.

Public Comments

1. He needs a "clear title"DO NOT SETTLE FOR ANYTHING LESS".Once he has the title,he can sign it over to you(with a notory public or attorney present as witness)then you can take that title to the state BMV for transfer.Beware.......if this vehicle is still in litigation and you take possesion of it before the issue is settled either in or out of court as a civil matter,you could be responsible and charged with recieving stolen property!The matter of obtaining a transfer of title is between the original vehicle owner and him......not you.
2. I'm not sure about the rules in Texas for mechanic's lien on vehicle, but if he has "obtained ownership" I would think he would have title in his name, because you sell vehicles through the title. If I were you, I would contact the Texas Department of Transportation and ask some questions. Their web page says this: Vehicle Titles Whenever you buy or sell a vehicle in Texas, state law requires the vehicle be titled and registered in the buyer’s name within 20 working days. If you buy from a dealer, the dealer is required to file the title papers on your behalf. If you buy a used car from a private party, visit your county tax office and complete a title application [pdf, 2 pages, 113kb]. When you file the title application, you must pay the motor vehicle sales tax, which is 6.25 percent of the purchase price. (Note: Effective October 1, 2006, a new law may impact the amount of sales tax you pay when you title a used vehicle.) You must also provide proof of liability insurance when you title and/or register your vehicle, so take your insurance card. If you sell your vehicle, ask the buyer to transfer the title to his/her name. Accompany the buyer to the tax office if possible. Note: You may be considered the owner of the vehicle until the title is transferred out of your name or you submit a motor vehicle transfer notification [pdf, 1 page, 130kb]. This notification lets us know you no longer own the vehicle.
3. RUN as fast as you can from this deal. Sounds like you could get caught in the middle and lose the car and your cash