does the seller have to own the car
A seller might own the car, or he might be agent of the seller. A car salesman isn't the owner. An employee of a corporation who deals in their fleet isn't the owner. Maybe someone is acting for the seller; a relative or a friend. If you're dealing with someone who is not named on the title, do check the documents and ask for details about his relationship to the person named on the title. You should be suspicious, that's the little voice in hour head that's trying to protect you. And don't deal with anyone until you're completely satisfied.
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