Legal Question in Consumer Law in California

Car Purchase

I bought a car from a private citizen 3 years ago that was not smogged by the seller. After I purchased the vehicle I learned that the owner had a lien against the vehicle, suggesting that the sale was illegal. Additionally, all attempts to get the car registered failed, as it would not pass a smog inspection. The car was never registered in my name and sat idle for the past 3 years. It was finally ticketed and towed away by the local police. The car is still registered to the seller. Do I have any obligation on the car at this point? I'm happy to have it gone, as it would cost me over $900.00 to get it registered just to donate it.


Asked on 5/08/07, 4:55 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Car Purchase

You may have an obligation. Lets start with this. Why didnt you have the seller smog the car? California law makes this the sellers responsibility. The seller may have known it would not pass smog and turned his problem into yours.

If there is a valid lien, he would not have had title to give to you. However, when was the lien placed on the vehicle? When did you take title? Those questions need to be answered to analyze this properly.

If the lien came first, you do not have title and you can ignore the car. If, however, the lien came after, you own the car and you are stuck dealing with it.

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Answered on 5/09/07, 12:51 am


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