A Florida mom traded her car for a used van — 2 months later, she has no title. - Florida News Beep

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A woman in Florida traded her car in for a used van in April, paying cash to make up the difference. Two months later, she still doesn’t have her new title — and she’s afraid her car could get repossessed at any time (1).

“They sold my trade in two days before they called me to tell me that they didn’t have the title to the vehicle I had been driving around for 30 days,” says Shawn Hemberger, a Hernando County resident.

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“So, honestly, I don’t have my trade in. I don’t have the money that I paid for this and I’m stuck.”

The owner of the dealership that sold her the car, Michael Rosa, says that she should have the title within two weeks. Legally, Florida requires that car owners transfer car titles within 30 days of purchase (2).

Here’s what Hemberger is actually risking in driving the car before she gets the title — and what you can do to protect yourself in similar situations.

Hemberger can legally drive her car now — but she can’t collect insurance benefits

Hemberger reached out to the Florida Department of Highway Safety and Motor Vehicles to check on her title and they told her that it was in someone else’s name.

“I actually feel really uncomfortable because I was told that it could be repossessed,” Hemberger said. “I’ve turned down job interviews for jobs in order to just not be stranded if it gets repossessed.”

According to another Department of Motor Vehicles representative, Hemberger can legally drive her car now. But she won’t be able to sell the car or even collect insurance benefits until the title is in her name.

That means, if she gets into a wreck, she’s on the hook until she has the title.

The dealership, Rosa’s Auto House, says the title is taking a while because the previous owner died before it was transferred to the dealership. Rosa is working with a title company to get the title in Hemberger’s name.

Hemberger has filed a complaint with the state, which Florida residents can do through Form 84901 (3). She says an investigator is looking into the issue. Generally, Florida state law requires owners to pay a penalty fee if the title isn’t transferred within 30 days (2).

What to do to avoid being stuck with a new car and no title

If you find yourself in a similar situation to Hemberger, you can sue to get the title back (4). But there are some things you can do to keep from being in that situation in the first place.

Some dealerships or private sellers are “title jumping,” which means they buy a car from someone else and immediately sell it without registering the car to themselves first (5).

This lets them sell cars quickly and avoid paying expensive fees to the DMV, but it’s also illegal, and it can create major headaches when you’re trying to register the title in your name.

It doesn’t seem like Rosa’s Auto House was engaging in title jumping — a Carfax report shows that Hemberger’s van is currently titled in their name — but it does seem like the car might not have been titled to the car dealership when Hemberger purchased it.

Rosa Auto House did not immediately reply to Moneywise’s request for comment.

When you buy a used car, make sure you get a bill of sale and a title in the seller’s name. If the title lists someone besides the dealership or seller, don’t buy the car.

A formal bill of sale also makes sure there’s a paper trail to your transaction, protecting you down the line.

A Florida mom traded her car for a used van — 2 months later, she has no title.

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