Wisconsin Criminal Laws for Not Giving the Buyer of a Car the Title

Handing over the key is not enough to sell a car. Transfer of title is necessary.key image by Zbigniew Nowak from Fotolia.com

A person in Wisconsin who sells a vehicle but fails to turn over the title has not completed the sale and faces possible criminal penalties. If the buyer fulfills his side of the bargain and pays for the vehicle as agreed, but the seller delivers the vehicle without the title, the buyer might sue civilly and demand the title or his money back. But additionally, the seller could face criminal charges if he intended to defraud the buyer.

Theft

The Wisconsin theft statute states that whoever "intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property" may be penalized for theft. If the seller took the buyer's money without transfer of the title to the car, he took the movable property of the buyer--his cash--without his consent. The buyer did not consent to handing over cash for a car with no title. The consent the buyer gave was to receive legal possession--the car and its title--in exchange for the purchase price. The seller did not fulfill his side of the bargain. By failing to deliver the title, he has taken the buyer's money without his consent.

Wisconsin Statute 943.20 Theft. (1)(a).

The Wisconsin statute on receiving stolen property states that whoever intentionally receives or conceals stolen property is guilty of a crime. The seller received stolen property when he took the buyer's money without intending to deliver the car with its title. Prosecutors will have to show that the seller intended not to turn over title to the car at the time he took the buyer's money, although formulating an intent or plan later might still be sufficient proof. If evidence of the seller's actions, such as avoiding phone calls from the buyer, leaving or fleeing the area, destroying the title, or other evidence can demonstrate that intent, the seller will be found guilty of receiving stolen property.

Wisconsin Statute 943.34 Receiving Stolen Property (1)

Depending upon the amount of money that exchanged hands, the theft and receiving stolen property charges will be either misdemeanors or felonies as defined in the Wisconsin statutes on theft and receiving stolen property. The crimes are a Class A misdemeanor if the value is $2,500 or less; a Class I felony if the value is more than $2,500 and no more than $5,000; a Class H felony if the value is more than $5,000 and no more than $10,000; or a Class G felony if the value is more than $10,000.

Wisconsin Statute 943.20 Theft (3)

Wisconsin Statute 943.34 Receiving Stolen Property (1)(a)-(c).