CA selling vehicle strangeness (Oakland: sale, transfer, buyer)

[80skeys]

Ever since I moved to California, I've thought it was very strange that the only available paper trail for the sale of a private vehicle is the so-called "Notice of Transfer" that the seller completes. The license plate stays with the car and the onus is on the buyer to register and transfer ownership. Seems like quite a potential for abuse, and in fact I'm seeing it firsthand now. I sold a car a couple months ago and the fool who bought it has not only not registered it, but has been illegally dumping trash on city streets in Oakland and I've received a citation and a very large fine from the City of Oakland, despite the fact that they were informed by DMV that the vehicle was sold. Their citation claims that both myself and the new buyer are jointly liable (clearly false, because the Notice of Transfer released me from all liability.) So, despite doing everything by the book on my end, I'm forced to exert time (and even a little bit of money - $80) to "appeal" the citation.

All because California requires the license plate to stay with the vehicle upon sale, does not require any Bill of Sale (unless intermediary parties are involved between buyer and seller), and does not require any proof of a buyer's status in the deal. Considering California's penchant for strict laws, this seems like a big oversight.

When I sold the car, there was still several months left on the registration. Does anyone know of I can "cancel" the registration in my name with the DMV? I'm thinking that if I can do this, I can "force" that idiot's hand into registering the car himself, thereby removing my name from DMV, and then he can do all the illegal bullsh*t he wants without involving me.

[MediocreButArrogant]

That's messed up. I don't see any ambiguity here:

"When the owner of a California registered vehicle sells or transfers title or interest in the vehicle, the seller must complete a Notice of Transfer and Release of Liability (REG 138) and submit it to the department within five calendar days. This releases the owner from civil or criminal liability for any parking, abandonment, or operation of the vehicle occurring after the transfer date. Keep a copy of the REG 138 for your own records.

All of the information must be completed. Incomplete forms cannot be recorded. Once the completed form is updated the record will reflect the transfer information. However, the record is not permanently changed until the department receives a completed application for transfer of title with the appropriate fees from the new owner."

I've always relied upon submission of that form as release of all liability.

[80skeys]

Originally Posted by MediocreButArrogant

I've always relied upon submission of that form as release of all liability.

Yes, I'm submitting that form as proof that I don't have any liability here. What's messed up is I have to pay $80 and that they (Oakland) knows I sold the vehicle yet still saying that both myself and the new owner are "severally and jointly liable." I think it's a ploy to generate more revenue for the city. I submit the $80, they remove my name, and they proceed to go after the new owner for the full amount of the citation.

in any case I'm happy to pay the $80 if it will get me out of this and save me a trip to Oakland.

[justinbro2002]

[quote=80skeys;30609902]Yes, I'm submitting that form as proof that I don't have any liability here. What's messed up is I have to pay $80 and that they (Oakland) knows I sold the vehicle yet still saying that both myself and the new owner are "severally and jointly liable." I think it's a ploy to generate more revenue for the city. I submit the $80, they remove my name, and they proceed to go after the new owner for the full amount of the citation.

in any case I'm happy to pay the $80 if it will get me out of this and save me a trip to oakland...

The city knows that most people would rather pay Court fee and not have to waste their time goingto court so that is an way way to fill the coffers.

[marcopolo666]

Oh well, tough **** for you. I will cry myself to sleep tonight.