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Old 01-28-2012, 06:15 PM
 
9 posts, read 19,577 times
Reputation: 24

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This is a long story... Im going to make it short. I purchased a car, had issues smoging it. Eventually I paid a lot of money for new converters, etc and got it to pass CA Emissions. Went to finish transfer of ownership and discovered that the guy I bought the car from has junked the car. He created a fake sale, got a pink slip from DMV, got new plates, and then with those plates he went to the junkyard and had them junk the car. The whole time the car was in my possession and driven by me daily.

DMV says I have to contact the seller and find out what happened. I contacted the seller and he says that its my problem, not his, and that I should have not waited so long to complete the transfer. the tags on the car are good until 2012. ...rather than getting too deep into this, I am just going to say that the owner junked the car because it was unable to pass smog and he did not want ot have to pay for the smog repairs (which is CA law). I dont even want the guy to pay for the repairs, I just want to title in my name as I had done a lot of work on this vehicle.

DMV says they cant help, I have been looking for an attorney with no luck. I read somewhere that contacting a State Assemblyman may help? Can anyone guide me in the right direction. My only car is registered to a junk yard now. To make things worse I was pulled over because my tail light was out and the cop said I have 10 days to fix the registration issue. DMV is clueless as to what to do, though it is obvious that the car was not junked, as DMV identified my car while I was there. The nice manager at DMV has been trying to help me, but the Sacramento Office, is not allowing her to give me the new title. I have no idea why they are being such hard asses, but my guess is that there is some law they are trying to protect themselves from. I believe she mentioned something about Sac DMV not wanting to **** off the Wrecking yard.

Im screwed, it seems. Im not even sure I can drive the car, and if I do it cold eventually get towed and junked for real. I cant believe the seller is getting away with this. He owns an auto repair shop and said to me. "I know the laws"...

Last edited by hoodun; 01-28-2012 at 07:12 PM..
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Old 01-28-2012, 10:45 PM
 
Location: SF Bay Area
13,520 posts, read 22,128,778 times
Reputation: 20235
I don't get it ... when you purchased the car, did the seller sign and hand over the title to you?
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Old 01-28-2012, 10:56 PM
 
9 posts, read 19,577 times
Reputation: 24
Yes. I have the title and his signature. After he sold the car to me he went to dmv and somhow got another pink slip and sold the pink slip to someone else, a friend. There was no car in this second transction because I had the car and still do. That second buyer went to the junk yard and junked the car a week later with the new plates he got from dmv. So the vin numnber shows up as being junked at ace auto wreckers in modesto. Yet I have always had the car and have been struggling to get it smoged. I finally got it smoged and went to complete the transfer at DMV and they say Ace Auto Wreckers owns the car. Even though I have the original title and the car (I had dmv identify it while I was there), they are saying it does not belong to me and that I now have to try to get a salvage title from Ace Auto Wreckers. Yet they are not totally cooperating. They say it is too difficult to find the papers and that they may get around to it one day but no time soon.

Unbelievable.
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Old 01-29-2012, 02:25 AM
 
4,862 posts, read 7,962,597 times
Reputation: 5768
Find out what state agency regulates ACE and file a complaint. He might be guilty of fraud or even theft. I assume he signed the title as the owner and if he sold you the car and he's not the owner there's a problem.. I would guess when put to the fire the other friend will squeal. I hope you didn't pay cash and have a bill of sale.
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Old 01-29-2012, 01:12 PM
 
9 posts, read 19,577 times
Reputation: 24
I paid cash. I have the bill of sale with his signature.
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Old 01-29-2012, 01:39 PM
 
484 posts, read 822,265 times
Reputation: 494
I suggest you pay a good lawyer to spend a couple of hours hearing the exact and complete timeline of what happened and then ask him or her to give you his or her recommendations. Ask your friends or family for a referral, or contact your local bar association for one.
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Old 01-30-2012, 03:41 AM
 
28,115 posts, read 63,672,505 times
Reputation: 23268
Can you bond around it till it gets cleared?

Had a title issue a few years ago and this was my only option...

Meanwhile, sounds like the wrecking yard took in a car with an altered VIN or didn't check...

Wrecking Yards are regulated and they are bonded... I believe. If they are, you could attempt to go after the bond and make out a police report documenting someone has falsified documents.

It could be as simple as getting the wrecking yard to say an error was made on a statement of facts form...

I take it you didn't go to DMV the day you bought the car to post fees?

When ever I sell or buy a car... I do the transaction at the Auto Club DMV window... this way, both parties know it is a done deal...

Sorry to hear this happened to you... it can be a nightmare.

Either a mistake was make or a crime has been commited...

What about the DMV field inspectors or the CHP... they do VIN numbers at some stations.

One time my Assembly person interceded on my behalf... DMV claimed I was delinquent and I had the tags and they cashed my check... the response was a computer glitch sent out 100 notices in error...

What's the value of the car and make and model?
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