Anaheim, CA asked in Small Claims for California

Q: I bought a car but the seller won’t give me the title

I purchased a car off of Cars and Bids in Novemeber 2022. When I purchased it, it was still under a loan, so I wired money to the selller and he paid it off. He said he was waiting to receive the title before he could transfer it to me. I kept asking him about it and he said he never received it, and then eventually he said that I could transfer the title myself, without anything needed from him on his end. I tried to transfer the title myself, unfortunately he accidentally put himself as the lienholder/banking institution of the car, so he needs to personally fill out the paperwork and get it notarized to transfer the title to me. The DMV gave me a temporary registration when my registration expired. My temporary registration expired December 23rd but the seller completely ghosted me and is no longer responding to my texts. I have a picture of his ID and all the paperwork for the car except the title. Is there anything I can do or any advice I can get? Thank you!

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In your situation, where the seller of a vehicle is unresponsive and you're unable to obtain the title, you have a few options under California law. Firstly, it's important to gather all the documentation you have related to the purchase, including proof of payment, communication with the seller, and the temporary registration from the DMV.

You should consider sending a formal demand letter to the seller, stating your situation and requesting the necessary paperwork for the title transfer. This letter should be sent via certified mail to ensure there's a record of its receipt. If the seller continues to be unresponsive, your next step might be to seek legal assistance. An attorney can help you understand your rights in this transaction and may assist in taking legal action to compel the seller to fulfill his obligations or seek compensation for your losses.

Additionally, contact the DMV to explain your situation. They may provide guidance on alternative ways to handle the title issue, especially since the seller incorrectly listed himself as the lienholder. While the process can be complicated, the DMV might offer a solution based on the evidence you provide of the purchase and your efforts to rectify the situation.

Remember, acting promptly and keeping detailed records of all your interactions and attempts to resolve this issue will be beneficial, especially if legal action becomes necessary.

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