[TX] Is the seller liable for tickets and tolls if the buyer never transfers the vehicle title?

I understand how frustrating it can be to deal with this situation. Have you tried reaching out to the buyer through any other means, such as their Facebook profile or mutual contacts?

Do you have a copy of the bill of sale or any documentation from the transaction?

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your vehicle title issue.

Hello and welcome! I’m Dan, a Legal Expert. I’m reviewing your question and will respond again shortly. I know your situation is complicated. Is there any additional information you think might be helpful?

Could you let me know which state you’re located in? This will help me understand the specific laws that apply to your situation.

Thanks for sharing that information. Since you’re in Texas, have you already submitted a Vehicle Transfer Notification (VTR-346) to the Texas Department of Motor Vehicles? This can help protect you from liability for the vehicle.

I’m sorry to hear about the trouble you’re having.

Let’s go through the steps you can take to resolve this issue:

1. Submit a Vehicle Transfer Notification Once You Have the Buyer’s Information: The Vehicle Transfer Notification (Form VTR-346) notifies the Texas Department of Motor Vehicles that you have sold the vehicle and helps protect you from liability for any future incidents involving the car. However, for vehicles sold on or after September 1, 2023, the form must include the buyer’s full name, address, and phone number, and the DMV will reject a notification that is missing this information (see Texas Transportation Code § 501.147). The form should also be filed within 30 days of the sale to give you full protection. If you are able to identify the buyer, you can submit the form online through the Texas DMV website or by mailing it to the address provided on the form. The form does not need to be notarized.
2. Contact the DMV for Guidance: Since you don’t have the buyer’s information, it might be helpful to contact the Texas DMV directly. Explain your situation and ask if there are any additional steps you can take to ensure your name is removed from the vehicle’s title (the buyer’s duty to apply for a new title is set out in Texas Transportation Code § 501.145).
3. Keep Records of Your Efforts: Document all your attempts to contact the buyer and resolve the issue. Keep copies of any forms you submit and any correspondence with the DMV. This documentation can be useful if any legal issues arise in the future.
4. Consider Legal Advice: If you’re unable to resolve the issue through the DMV, you might want to consult with a local attorney who specializes in vehicle transactions. They can provide specific advice based on Texas law and help you explore other legal options.

Based on your situation, there are several legal arguments and considerations in Texas that could potentially support your case:

When you sell a vehicle in Texas, it’s crucial to notify the Texas Department of Motor Vehicles (DMV) about the sale to protect yourself from future liabilities. The Vehicle Transfer Notification (Form VTR-346) is designed for this purpose. It informs the DMV that you have sold the vehicle, which can help shield you from legal or financial issues that may arise after the sale, such as parking tickets or accidents.

In Texas, the buyer is responsible for applying to transfer the title into their name. If the buyer fails to transfer the title, the vehicle remains in the seller’s name on state records, and the seller may still be held liable for incidents involving the vehicle. This is why submitting the Vehicle Transfer Notification with the buyer’s complete information, within 30 days of the sale, is so important.

Additionally, although Texas law does not require a bill of sale for a private vehicle sale, it serves as a legal record of the sale and can be useful in disputes or misunderstandings about the transaction.