Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to get paperwork i Stopped payments and now have on my credit.

2 Lawyer Answers
Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: It sounds to me like you leased something that is meant solely for offroad use and is not street legal nor capable of being street legal in California. It is my understanding that atv's are not street legal. In fact I have never seen one being driven on a street or highway. I'm sure you never have, either. I did a quick web search which confirms this.

I'm sorry you may have damaged your credit over a misunderstanding of the vehicle laws. Legally, I see nowhere for you to go with this.

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, all ATVs (All-Terrain Vehicles) must be properly registered with the California Department of Motor Vehicles (DMV) for legal operation. If you purchased an ATV but did not receive the necessary paperwork for registration, this complicates your ability to use the vehicle lawfully. The dealership or store's failure to provide a VIN (Vehicle Identification Number) or serial number, essential for registration, indicates a significant issue, especially if they misrepresented the nature of their business to the finance company.

If the finance company, Kafene, claims it does not finance items requiring registration and the store misrepresented the nature of the item sold (labeling it under furniture instead of a powerboat or ATV), you may have grounds to dispute the financing agreement due to misrepresentation and lack of essential documentation needed for lawful use of the ATV. It's vital to communicate your situation in writing to both the finance company and the dealership, detailing the lack of documentation and the store's inability to provide a VIN or serial number.

Stopping payments can negatively impact your credit, but given the circumstances, you might be able to dispute the credit report entries. Document all your attempts to resolve the issue with the store and finance company, including any correspondence and calls. It may also be beneficial to seek legal advice to explore your options for resolving the dispute, potentially including legal action for misrepresentation and to clear the negative credit reporting if the finance agreement was based on misrepresented facts.

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