Legal Question in Real Estate Law in California

iam watching a car for someone and he agreed to pay me 100$a week, he is now ten weeks behind and i have not heard from him and he does not answer his phone.can i put the car in my name at dmv and sell it


Asked on 8/18/10, 12:57 am

3 Answers from Attorneys

No.

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Answered on 8/23/10, 9:34 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It's doubtful. You more likely have a claim for $100 x 10 for the missed payments, and you may even have a lien on the car under Civil Code sections 1851-1857 covering storage, In no case could you sell non-perishable goods to satisfy your storage lien until the charges are at least one year in arrears - see Civil Code section 1857.

Further, motor vehicles are different from other forms of personal property in that title is registered with the Department of Motor Vehicles, and we have a Vehicle Code that is full of laws that supersede provisions of the Civil Code, Commercial Code, etc., with regard to the ownership and sale of motor vehicles. It would take quite a bit of research for me to determine how one perfects and enforces a storage lien on a motor vehicle.

You might also face an issue as to whether storage for hire, particularly of motor vehicles, is a licensed and/or regulated business activity.

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Answered on 8/23/10, 10:22 am
Anthony Roach Law Office of Anthony A. Roach

If it was abandoned, and on your property, you could lien sale it. You have a problem here in that it apparently is not abandoned.

Your best option may be to sue. If you sue outside of small claims, you may be able to get a prejudgment attachment on the car, but that can get expensive.

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Answered on 8/23/10, 3:26 pm


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