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Old 11-20-2014, 10:12 PM
 
3,780 posts, read 2,393,198 times
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So, here's the situation, broken down into bullet points for ease. Would really appreciate some helpful input especially from someone with some legal background!

1. Person A gets into auto accident (September 2014). Insurance company calls vehicle a total loss. Works out payment, lets Person A keep car and sends Person A a notice that requires that (s)he notify the DMV within 10 days and turn in plates/title to get a salvaged title.

2. Instead of selling the car to the insurance company and without going through the process of reissuing a title, Person A sells the car for $300 to Person B (late October 2014) - an owner of a body shop. Signs the original title over to him as is.

3. Person B then sells the car to Person C for $600 in November 2014 (one of the two fixed the car up). Not sure if (s)he tells Person C about the salvaged title, but stands to reason (s)he did since one of the two fixed up the car.

4. Person C re-sells the car to Person D (via CraigsList) in November 2014 with the original title and representing it as a normal car, no accidents - for $3,500 (a reasonable market price for this type of vehicle if in good condition, negotiated down some). Person C also claimed that Person A was his parent. Showed clean CarFax that didn't have the salvaged title or accident listed (probably because Person A never reported it and there wasn't a police report filed when the accident occurred or the insurance company lagged behind).

5. Person D goes to register the car at the DMV and is told about the car's unfortunate history. Now Person D is out the $3,500, the $825 it took to fix some other issues with the car and the headache of re-issuing the correct title which is a rather cumbersome process. Person D would have never bought the vehicle had (s)he known it had a salvaged title.

6. Person D would like to hold someone responsible for this situation. Clearly Person A didn't do what (s)he was supposed to do in not getting an original title. Person B didn't follow proper procedure for buying and selling the car. Person C is just a lying sniveling piece of excrement. Unfortunately, Person C is also nowhere to be found - phone disconnected, address phony. Clearly, Person D also messed up in not getting Person C's personal information, but con men like him are con men for a reason - they are good at what they do. Plus, he would have just given the same phony info he gave Person B. Persons A and B are known to Person D.

Question: what does Person D do? The police already said they wouldn't get involved in what they called a civil matter.

Last edited by highlanderfil; 11-20-2014 at 10:27 PM..
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Old 11-21-2014, 12:13 AM
 
Location: North Pole Alaska
886 posts, read 4,557,929 times
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The only person you can go after is the person you got the car from. You have to be able to prove that they knew the car had a salvage title and knowingly sold it to you as a clean title. Long story short... Your screwed unless you have all that in writing.
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Old 11-21-2014, 05:20 AM
 
Location: NC
6,034 posts, read 7,183,531 times
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This is called title skipping and is illegal, but there is also some fraud going on. I would pursue the fraud angle, but it would likely cost more in attorney fee's than the car itself.....
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Old 11-21-2014, 08:55 AM
 
3,780 posts, read 2,393,198 times
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Quote:
Originally Posted by Suncc49 View Post
This is called title skipping and is illegal, but there is also some fraud going on. I would pursue the fraud angle, but it would likely cost more in attorney fee's than the car itself.....
True - this would be a Small Claims case if anything. The question is - who do we go after?
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Old 11-21-2014, 01:28 PM
 
Location: UpstateNY
8,613 posts, read 7,807,585 times
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What did the DMV say it would take o make the car legal?
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Old 11-21-2014, 01:32 PM
 
Location: SF Bay Area
13,349 posts, read 16,509,989 times
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Quote:
Originally Posted by highlanderfil View Post
True - this would be a Small Claims case if anything. The question is - who do we go after?

Assuming you are party D, the person you bought the car from. This deal should first be unwound. Then C can go after B and so forth.
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Old 11-21-2014, 02:49 PM
 
2,730 posts, read 1,211,360 times
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This happens everywhere at various complexities . I sold my car to one guy just to come to know that he is reselling for a higher price. He took my sign stating that he is purchasing from me for XXXX amount, had full cash and lured me into the deal. But used that document to resell, saying he was authorized to do so. ( He is from a sanctioned country) .

Mistake lied with D too , since he did not do a due diligence. He should not have believed that parent-child story, unless he saw a proof.

For some consolation, you have A s address in the title. Try talking to him else RAM it into his....
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Old 11-21-2014, 03:23 PM
 
3,780 posts, read 2,393,198 times
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Quote:
Originally Posted by CCc girl View Post
What did the DMV say it would take o make the car legal?
https://www.dmv.ca.gov/portal/dmv/?1...s/howto/htvr13

In a phrase: lots of pain in the you-know-what.
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Old 11-21-2014, 03:24 PM
 
3,780 posts, read 2,393,198 times
Reputation: 2743
Quote:
Originally Posted by jaypee View Post
Assuming you are party D, the person you bought the car from. This deal should first be unwound. Then C can go after B and so forth.
Yeah, the problem is, that guy is nowhere to be found.
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Old 11-22-2014, 04:56 PM
 
Location: UpstateNY
8,613 posts, read 7,807,585 times
Reputation: 7508
Quote:
Originally Posted by highlanderfil View Post
https://www.dmv.ca.gov/portal/dmv/?1...s/howto/htvr13

In a phrase: lots of pain in the you-know-what.
OK so a PITA but it can still be registered and legal. Do it, forget about revenge and lesson learned.
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