Legal Question in Real Estate Law in California
I purchased a vehicle in California that the seller swore up and down had a clean title. I checked the vehicle records and everything looked fine. When I went to register the vehicle 11 days after purchase, DMV stated that the car had a salvaged title. The vehicle was registered in Arizona as salvaged, but somehow when he registered it in California it was given a clean title. This exchange happened while in the seller's possession. Do I have any recourse if he willingly and knowingly withheld information on the vehicle's title?
3 Answers from Attorneys
Cars aren't real estate and real property. Cars are personal property. You may get more and better answers if you re-ask your question in the proper category where it will get referred to the right LawGuru panelists. Having said that, I agree with Mr. Andersen. Note, however, that "good title" "clean title" and "salvage title" have different and technical meanings. There is a distinction between "good title" meaning undisputed 100% ownership and "good title" meaning the car has never been retired as an active motor vehicle capable of being registered for further use. You should get super-clear on what all these terms precisely mean (and I don't know myself, because I'm a real estate and real property guy, not a motor vehicles lawyer) before you get too litigious with the seller.
You can always sue. If under $7500, do so in Small Claims court. If substantially over that, sue in Superior Court. Even if your bill of sale is 'as is', you stand a good chance of winning. Clean title is implied, and failure to disclose salvage status would be fraud.