Thread: Orginal Title
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Old 08-31-2007, 12:02 AM
gldskr's Avatar
gldskr gldskr is offline
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Join Date: Sep 2005
Location: Arizona state
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TTOK

It seems to me that you don't know what you are talking about. A bailment functions as a pledge of property from the bailor to the bailee. The bailee is entrusted with the property and at some point must return the property to the bailor or otherwise dispose of it per contract.

Pawning your TV creates a bailment; a car rental agreement creates a bailment; overnighting your package with FedEx creates a bailment.

The Document of Title that you cite is a possessary title and exists only to effectuate the terms of the bailment. It does not relate to ownership.

So in your theory, I put down cash to buy a vehicle, the state acquires title somehow and they then let me use it? Clever if it actually happened that way.
Quote:
Originally Posted by TTOK
I do know that the state takes the title and then re-issues a new title in a different form.
How do you know this; what is your proof? If the state already has title, why do they need to re-issue it in a different form? Is there a re-issue of substance as well? Who are they re-issuing it to? Are they transferring it back to the original buyer? They would then be the bailee and your theory won't work. But if they are the bailor you still haven't explained how this occurred. By magic? Its effect would be that of a lease. I've never signed a lease with the state, have you?
Quote:
Originally Posted by TTOK
I think by buying the car from a "dealer" there is an assumption that the car must be registered for instate commerce. This is because the state will not let the transfer happen until the state receives the title.
I always get a receipt when I buy stuff, how does the state get my receipt? How do they get the receipt before the sale occurs?
Quote:
Originally Posted by TTOK
The dealership usually does not own a new car. Thus the dealer is in an extraordinary position of selling something not his.
Not if a bailment is created and he sells them on consignment.

There's only one thing you've said that I can agree with.
Quote:
Originally Posted by TTOK
The car being purchased for commercial reasons or in commercial circumstances is what determines if it must be registered.
Its use. Who determines that? You do.

gldskr
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