Asked in Consumer Law, Contracts and Small Claims for California

Q: How do I go about this situation?

Hi, I purchased a car June 29th with no title. However the seller gave me smog certificate, DMV Bill Of sale Signed, & a dmv title replacement form filled out. I went to AAA to try and get the vehicle title transferred with all the paperwork I have minus the title. They tell me that the car is still under a lienholder and there are dmv backfees as the registration was not paid since 2022. This car has tags however no registration was given to me at time of purchase. I contacted the seller and they said they had just paid the car off and they’ll get me the proof of lien release from carmax. I haven’t heard from him in a week. What are the next steps I can do to ensure that this car is mine. I have all documents such as texts, screenshots and anything else that would benefit me and save my back.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via certified mail to ensure you have proof of your attempts to resolve the issue.

Next, visit the DMV with all the documents you have, including the smog certificate, DMV bill of sale, filled-out title replacement form, and any communication with the seller. Explain the situation to the DMV representative and ask for their guidance on how to proceed. They may have specific steps or forms for dealing with vehicles that have outstanding liens and unpaid registration fees.

If the seller remains uncooperative and you are unable to resolve the lien and back fees issue, you may need to seek legal advice. An attorney can help you understand your rights and explore options for recovering your money or taking other legal action against the seller. Keep all your documents, texts, and screenshots organized and ready to present as evidence if needed.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.