Buying used atv question

[psebowhunter]

I'm looking into buying an atv from a private seller. Went and looked at the atv and all looks good, usual cosmetic damage here and there but nothing significant. Machine has low hours and miles. Here is where it gets tricky. I asked to see the title and he presented it to me. I see that the original owner he bought it from never transferred the title to him. I asked him why he didn't get it transferred and he told me he didn't want to put it in his name so he wouldn't have to pay the taxes. Which I think isn't much to begin with. So the question is, if I buy the atv and get pulled over and LEO runs vin # and doesn't come back in my name, I assume they can contact original owner and ask if he sold it. If atv is legit and the original owner agrees to selling it, it should be ok. Now if the original owner isn't honest he can say that he never sold the atv and get it back and I can be charged with stolen property since the atv was never transferred to the guy I'm buying it from..... Correct? Im sure it's not stolen or seller wouldn't have possession of title but you never know. Just being cautious. If it's legal what kind of headache will I have to go thru to transfer title over to my name? Any help would surely be appreciated.

[HunterH]

Ive never transferred any atv title into my name for the same reasons. I have been stopped headed to west texas by dps, they ran the numbers on all the four wheelers, said they were clear, and went on my way. Only 1 of 3 were in my name, think they are just checking to see if they had been reported stolen. Take the seller with you down to tax office or wherever and get it transferred if it is a concern to you.

[psebowhunter]

Ive never transferred any atv title into my name for the same reasons. I have been stopped headed to west texas by dps, they ran the numbers on all the four wheelers, said they were clear, and went on my way. Only 1 of 3 were in my name, think they are just checking to see if they had been reported stolen. Take the seller with you down to tax office or wherever and get it transferred if it is a concern to you.

Thanks for the info, I'm just trying to be as cautious as I can, this is the 1st time buying a used atv so I was kind of skeptical about the original seller not transferring the title to the seller that I'm buying from.

[dallred]

No sales tax when transferring atv in Texas. Minimal title transfer fee.

[BrandonH]

I'm not sure about the taxes, but I have two atvs that were bought used. Both titles are in my files, however neither were ever transferred by the previous owner and I've never worried about it.

[Tower43]

If the title is signed by the old owner just go transfer it to yourself, as far as the state is concerned you bought it from the old owner and the man selling it never had it. I did the same thing with a shady rv dealer who was avoiding taxes. He left the trailer in the guy's name who traded it in and I basically bought it from that guy

[jkk831]

No sales tax when transferring atv in Texas. Minimal title transfer fee.

Same with a utv?

[dallred]

My only experience is with an atv. I think it applies to any off-road vehicle.

[Tmag]

I would get it transferred if I was buying it, and I wouldn't sell one without transferring it to the new owner.

Bit of history - I had a 1980 K5 Blazer I sold to a used car dealer in 1984.(I knew him well) We did the title transfer at the local Chevy dealer where I was buying a new Buick.
I got a call a few months later from Harris County SO telling me my Blazer was involved in an accident and I needed to come turn myself in for fleeing from the scene of an accident. The used car dealer had left my title in limbo and was out driving it when he had the wreck, he was drinking so he left the scene to avoid a DUI.
I told HCSO I had sold the vehicle and gave them the dealers name and told them they could verify the sell at my local Chevy dealer. They did and I was cleared.

The state has a transfer form that you can send them now to show it is out of your hands, even if the new owner doesn't register. I fill out and send it to them after selling an item now.

[DOUBLE-Z]

I was actually is a very similar situation with a vehicle lately. A couple in OK were selling a vehicle and it was pretty cheap. They had the title but not in their name. So like you i was sure they didn't steal it. (I think) Would be tuff to steal vehicle and the title. I just decided it was gonna be more trouble than it was worth. County court house said that any payments/tax they didn't pay by not getting the title in their name would then be my obligation to pay. But with cars there are late fees that also keep adding up each time they don't pay.

[Texas Grown]

No sales tax when transferring atv in Texas. Minimal title transfer fee.

Correct. Just the new title fee for transfer.

Same with a utv?

Yes. Pertains to all "off road" vehicles.

To the OP. You could have him go transfer the title to his name. Then once he gets the new title, have it transferred to your name. It takes about 2 weeks to receive a new title. Or slightly less. I just recently had one done early this spring.

[marshhunter]

Are there any forms needed to transfer Atv title?


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[Tmag]

Date: September 19, 2012

To:

All County Tax Assessor-Collectors

Subject:

General information about Golf Carts, ATVs, and ROVs

Attachment

These documents contain text of correspondence sent by TxDMV to the county tax assessor-collectors, statutory agents who provide vehicle registration and titling services for citizens in Texas. This information is provided to apprise the general public of issues affecting the state's vehicle titling and registration process.

PURPOSE

To provide you the following information regarding the title requirements for Golf Carts, ATVs, and ROVs:

Golf Carts – cannot be titled in Texas, effective September 1, 2009;
All-Terrain Vehicles (ATVs) – are required to be titled, effective September 1, 1985; and
Recreational Off-Highway Vehicles (ROVs) – are required to be titled, effective September 1, 2009; however, some may qualify for a title exemption by completing the Form VTR-329, Recreational Off-Highway Vehicle Used for Farming or Lawn Care.

DETAILS

Golf Carts are not titled and may not be registered in accordance with Transportation Code 551.402.

Although ATVs are required to be titled, ATVs cannot be modified or altered for use on public highways. The manufacturer of an ATV must include an "Off Highway Use Only" statement on the manufacturer's certificate of origin.

Often there is confusion about whether a vehicle is a Golf Cart that cannot be titled or if it is a ROV that must be titled. A determining factor is whether the primary use is for farming or lawn care. A ROV is a vehicle that was not designed primarily for farming or lawn care, and as such, these vehicles are required to be titled.

A ROV may be exempted from the title requirement if the purchaser certifies that the vehicle will be used primarily for farming or lawn care. The purchaser makes the certification by completing Form VTR-329. However, a ROV that has multiple rows of seats, contains food or beverage equipment, or is equipped with specifically non-farm or non-lawn care equipment is not eligible for the title exemption. A licensed dealer is to provide a photocopy of the completed Form VTR-329, along with the Manufacturer's Certificate of Origin (MCO), to the original purchaser. The dealer retains the original Form VTR-329 in their records.

If the original purchaser of the exempt ROV sells the ROV, they must provide the photocopy of the Form VTR-329 and the MCO to the subsequent purchaser. If the original purchaser wishes to obtain a Certificate of Title at a later date, the photocopy of the completed Form VTR-329 must be submitted with Form 130-U and the MCO. Similarly, if a subsequent purchaser wishes to obtain a Certificate of Title, the photocopy of the completed Form VTR-329 from the original purchaser must be submitted with Form 130-U and the MCO.

When presented with a Form VTR-329 by an original purchaser who subsequently wishes to title the ROV, the Delinquent Transfer Penalty would not apply. If this situation occurs after the 30th day from the date of sale, the Registration and Title System (RTS) will calculate a Delinquent Transfer Penalty. The penalty should be manually changed to reflect no charge and will require a Supervisor Override. In the case of a subsequent purchaser, the delinquent transfer penalty would apply once the 30 day transfer period has passed from the date of the subsequent purchase since there is an actual change in ownership.

The National Highway Traffic Safety Administration (NHTSA) regulates motor vehicles manufactured primarily for use on public streets, roads, or highways. Vehicles that are regulated by NHTSA are required to have 17-digit VINs. However, Texas requires titling of ROVs, ATVs and some trailers, which are not regulated by NHTSA; therefore, these vehicles may not have a 17-digit VIN. For ROVs, ATVs and trailers that do not have a 17-digit VIN, a serial number is acceptable in lieu of a VIN.

COUNTY ACTION

Please pay close attention when presented with title applications for Golf Carts, ATVs, or ROVs to ensure compliance with current title requirements. When presented with a photocopy of Form VTR-329, include it with the title application submitted to the department and, if applicable, override the Delinquent Transfer Penalty.

[Tmag]

Are there any forms needed to transfer Atv title?


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Form 130-U - Application for Title

[psebowhunter]

Wow lots of information here, thank you all for the help. Well I contacted the seller and asked him out of no disrespect if I could run the vin # to see if original owner has reported it stolen which I'm sure he didn't report stolen, and the seller said no problem. I also asked him if he would sign a bill of sale and he also agreed to that. So far things are looking good. just ran the vin # and it's not reported stolen. Again thank you all for yalls help.