Legal Question in Real Estate Law in California
Years after his passing, my mother sold my grandfather's car to my boyfriend of 10 years. The purchase was made in 2007 or 2008. He knew the vehicle would not pass a smog test yet he went to the DMV with my mother for exchange of ownership stating he was going to restore the car so he could pass it to our son when he came of age. He put a lot of money into it, most of which was frivelous and repetitious. He drove the car knowingly for four years, unregistered, in which time he received tickets by law enforcment as proof. We recently had a restraining order placed on him for domestic violence and now he has filed a civil suit on my mother for all the money he put into it thus far. My mother offered him the money back for the car several times as I am witness too. Does his case hold merit? Does my mom have to pay back anything but the money he purchased the car for? Is there a statue of limitations on such a purchase? Please Let us Know,
3 Answers from Attorneys
Your ex became the legal owner of the vehicle in 2007 or 2008, knowing that the car cold not be smog tested and pass. I assume that was the only defect or that he was aware of anything that was wrong or that he bought it "as is". He has no basis for a lawsuit. He was sold what he wanted, did not tell your mother that he would drive it before it was fixed, if it was an oral contact as to the sale there is a 2 year statute of limitations [the paper work for the DMV does not turn it into a written contract as the contract in issue is the agreement to sell not to transfer], had he followed the law and not driven it there would be no tickets, he made the repairs because he wanted to, etc. So there is no basis for a lawsuit. The real question is the best way to get rid of the suit, which would be a demurrer if he has supplied enough information in the suit to show he has no case. You will probably have to hire an attorney to review the suit to see what can be done the most efficiently and cheapest way. Since most court allow, for a $75 charge, out of town attorneys to appear by telephone, you could hire almost any attorney with litigation experience. You need to file some type of response within 30 days of your mother having been served with the suit. You can call me if you have more questions. 510-441-2684
not proof read
Sounds absolutely without merit, but that's based solely on hearing your side. The only implied warranty on a used car sale by a private party is that the seller has honestly related everything she knows about it that might impact its desirability, and it sounds like that happened, with him basically acquiring a salvage title. However, once sued (served with a summons and complaint) you'll need to put up a defense. Without seeing the complaint and without knowing the exact dates involved, I couldn't say whether you have a statute of limitations defense or whether the correct response is to file an answer or a demurrer. Is the case in Small Claims or Superior Court?
It sounds like a bogus lawsuit to me.
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