Legal Question in Civil Litigation in California

I (Mike) sold a truck on 1-10-2010 as a private party sale, to another individual (Vinny) recently. I filed my release of liability two days later to end my connection with the vehicle. As part of the sale, the buyer and I agreed that he was buying a vehicle that was registered as non-operational, and needed a smog check to register. I typed up a document with this detail and the statement that any repairs needed in order to pass smog was now his responsibility - he had no problem with this and signed the form. End of deal.

Two days ago, 1-26-2010, a stranger (Rod) knocks on my door saying he has a problem with this truck. He bought it from someone (Federico or something) who "didn't have a drivers license" but had the pink slip with my (Mike) name on it. That seller said I was his boss, which is not true - I have no idea who it is. Of course this person did not register the vehicle.

It looks like the recent buyer (Rod) didn't do his due diligence in making sure the name of the person he was buying from was on the pink slip. However, he is threatening to sue me for not having the car smogged in order to pay for work to be done.

Common sense would tell me that since I never sold the truck to Rod that we have no connection, and therefore I cannot be at fault for any problem he is having. Am I correct, or does he have a legal argument?

Thank You for any advice you can provide.


Asked on 1/30/10, 10:25 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

This is an interesting twist on the California legal rule, Seller Has To Smog The Vehicle.

If it gets to small claims court, you would be able to prove that Vinny is the seller as regards the sale to Rod, so Vinny had to smog. But if Rod gets a judgment against Vinny, and Vinny is smart, Vinny will turn around and sue you, and as between you and Vinny, you had to smog.

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Answered on 2/04/10, 10:48 pm
Terry A. Nelson Nelson & Lawless

Common sense has nothing to do with your issues, other than it would have been common sense [and compliance with the law] to have a properly drafted 'as is, where is, non-op, non-smog, parts car only' bill of sale, and to immediately file your required notice of transfer with DMV. If you did all that, you can win any suit or claim over the car. If you didn't, you have a proof problem.

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Answered on 2/05/10, 10:20 am


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