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I have a car that was given to me by a close friend. The car was abandoned by the reg owner on the front lawn at her house. There is no paperwork with the car. I have a bill of sale from my friend. The car hasn't been registered since 2015. I haven't really done anything as far as paperwork with the DMV except file a
notice of transfer and release of liability online. I have it listed for sale online and is clearly stated "AS IS" I have an interested buyer. I basically just want to get rid of it and wash my hands of it. Can I do this and what am I required to do as far as paperwork besides a bill of sale....
at this point, you have no ownership, lien, or any title interest in the car.
the "close friend" that "gave" you the car with a "bill of sale" is meaningless because they didn't own the car, either.
you will need to go to CA DMV and do a title search on the car to find out the legal owner and any possible liens that may be on it.
With that information, you will need to get a signed over to you Title and a Bill of Sale (in CA, minimize your paperwork hassles by showing that you bought the car for a token amount, say $100 ... much easier to process the title paperwork then to say it was "free" or "donated" to you at no charge).
If you cannot locate the legal owner for a title transfer and get any liens released, you have NOTHING TO SELL. Your "interested buyer" cannot buy the car from you and you have no legal right to sell it as a non-runner/parts car, either.
In fact, you could be in trouble with the law on this ... car theft ... if you take money for the car to which you have no legal ownership interest. From your description, the car is at the lawn of your friends' house, so you don't even qualify for any storage of the car.
However, I have a feeling you are going to need much more than luck.
As already suggested . . . using the VIN and/or the expired License Plates at your local DMV, try to determine the contact information for the actual owner of the vehicle. Due to privacy issues, the DMV may not offer the owner's information but they may attempt to contact them on your behalf.
Otherwise, you are trying to "traffic" stolen property plus no one with half a brain would give you money for a vehicle they are unable to legally register and drive.
Someone is still the legal owner of the car, but it's not you or your friend that gave it to you. First thing you have to do is find out who owns the car.
As everyone has stated, you have no right to possess that car.......it almost verges on theft. If you try to sell it you could really find yourself in hot water.
The advice you've gotten so far isn't wrong, but it isn't universally right either.
Many states have procedures for gaining title to an abandoned vehicle that don't require you to contact the last owner of record. Here in Iowa, for example, you can get an affidavit from the sheriff or chief of police stating that the vehicle has been abandoned that will allow you to get a clear title to the vehicle.
Some states also allow you to sell a vehicle for parts or scrap after it hasn't been registered for a certain number of years, around here we call these "fence row" laws because most of the people who take advantage of it are those cleaning up a piece of property they've purchased by disposing of junk vehicles that have been dumped next to fences over the years.
The advice you've gotten so far isn't wrong, but it isn't universally right either.
Many states have procedures for gaining title to an abandoned vehicle that don't require you to contact the last owner of record. Here in Iowa, for example, you can get an affidavit from the sheriff or chief of police stating that the vehicle has been abandoned that will allow you to get a clear title to the vehicle.
Some states also allow you to sell a vehicle for parts or scrap after it hasn't been registered for a certain number of years, around here we call these "fence row" laws because most of the people who take advantage of it are those cleaning up a piece of property they've purchased by disposing of junk vehicles that have been dumped next to fences over the years.
Call the DMV.
interesting points about "some states" ... but wasted on this thread.
And even in IA, that abandoned vehicle title process requires that the vehicle be abandoned on YOUR PROPERTY and then you have to file/publish for a "bonded title" and post a bond equal to the FMV of the vehicle. IOW, an owner or lienholder may have the opportunity to speak up for their financial interest in that abandoned vehicle that you're seeking title to. As part of the "publish" process to get that bonded title, you are required to contact the last known titled owner and lienholder (if any) at their last on-file contact address per the state records (from title trail, license plate, or VIN trace in national registry ... not just IA). This addresses the possibility that the "abandoned vehicle" on your property may have been a STOLEN car.
Contrary to your assertion that IA allows an individual to gain clear title to an abandoned car via a sheriff document, IA law is pretty specific about notifying an owner and any lienholders: from the IA DOT website, quote: "Police authority shall send notice to last known registered owner and all lien holders of record of their right to reclaim the vehicle or personal property within 10 days, except when the abandoned vehicle lacks an engine or two or more wheels or structural parts which renders the vehicle totally inoperable, then the ..."
and goes on to describe the bonded title process. What's interesting here is that no mention is made as to how "two or more wheels or structural parts or engine" may have come to be missing from the vehicle.
Looks like a pretty large loophole to me. Someone could have abandoned a vehicle on my property and it could be a very easy process to "remove two or more wheels" from it in a matter minutes. Amazing what you can do with a utility farm jack and a battery powered impact wrench in a minute or two.
Any, the OP was specific that this was a California situation. California LAW is pretty specific about ownership and title trail. The advice posted re "borderline theft" is applicable to this thread. None of your "some other states" situation applies to California car ownership, titling, or disposal of an abandoned vehicle.
Have to spread the love before I rep you again Sun, but, as usual a very good discussion. You know your law, at least as it pertains to cars (and real estate, but that's another forum).
IIRC in Cali you, the seller, are on the hook to get the car "smogged" before you sell it. If it's been off the road 2 years, I doubt the current smog certificate is still good.
Of course this is only an issue if you figure out how to legally become the owner of the car.
What kind of car is this anyway and what kind of condition is it in? It may or may not be "worth the candle" to jump through all the hoops necessary to get a clear title and put it back on the road.
Begs the question, if the car was put right in terms of title, why would you not want it yourself?
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