Legal Question in Real Estate Law in California

legal ownwership?

i bought a car from private party. I have the signed title but never filed paperwork with the dmv. am i technically the legal owner?


Asked on 9/12/07, 8:26 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: legal ownwership?

Surprisingly, the technically correct answer is that you are NOT the legal owner. You are, however, the owner.

The Vehicla Code defines three separate terms:

According to VC 370, "Legal Owner" refers to a party that holds a security interest in a vehicle, like the bank, GMAC or Ford Motor Credit.

VC 460 defines "Owner" in a way that would include you, i.e., a person entitled to the possession and use of a motor vehicle under a purchase agreement.

Finally, VC 505 defines "registered owner" as the person whose name is duly registered as the owner with the DMV.

So, since "legal owner" has a special meaning defined in statute that doesn't include you, I think you can say, "Legally, I am the owner, but I'm not the legal owner!"

Read more
Answered on 9/13/07, 12:49 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: legal ownwership?

You are! The signed title controls, even though legally you can't drive it without it being registered and insured.

Read more
Answered on 9/12/07, 9:32 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California