Legal Question in Civil Litigation in California

I bought a car but didn't receive title...

I bought a car 3 weeks ago from a private party (a friend of mine). Upon

picking up the car I was told everything (Title and registration) was in

the glove compartment.

When I got home that same day I could not find the title or registration.

Called my friend up that day, she said she would look for it and give it to

me. Well, ten days went by and nothing. So I went to the DMV to pay the

registration and found out the car's title was in another state. They (the

DMV) told me she had to get the title from the other state and transfer it

to California. I notified my friend that she had 5 days to deliver the title

or I was returning the car.

The 5th day has come and I returned the car (I waited for 3 weeks). Now

she is saying she will sue me if I don't buy the car.

Can she do this? There was no written agreement other than e-mail

negations.

Thank You


Asked on 6/11/03, 4:37 pm

2 Answers from Attorneys

Judith Deming Deming & Associates

Re: I bought a car but didn't receive title...

Any one who has the price of a filng fee can sue; will she win? No. Your agreement was that she was to provide you with title and she did not or cannot.

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Answered on 6/12/03, 12:49 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: I bought a car but didn't receive title...

One of the conditions of a car sale is that the seller is able to deliver title to the buyer. She has not done that and therefore you should not be liable to her for anything.

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Answered on 6/11/03, 10:24 pm


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