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?


Asked on 11/04/10, 6:46 pm

3 Answers from Attorneys

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

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.

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Answered on 11/09/10, 9:24 pm
Terry A. Nelson Nelson & Lawless

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.

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Answered on 11/10/10, 10:33 am


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