[s-cars] Re: Trouble in 4KCSQ Land

[Ray Tomlinson]

I disagree.  "Ownership" is a legal fiction, to a certain extent.  The
completion of the appropriate paperwork (bill of sale, smog registration,
etc.) is a mere formality to evidence the contract for sale of a used
vehicle.  Greg signed over the legal title to the vehicle, which, for the
Statute of Frauds, is sufficient property interest to relinquish title to
the buyer.  Even if Greg did not sign over the title, Greg has at least an
oral and implied or quasi-contract for the sale with the buyer, and the
buyer could argue that he owns the car.  Assuming that the buyer did not
perfect his interest by registering the vehicle, he paid for the vehicle and
accepted the vehicle under stated conditions.  Greg's transfer of his legal
title interest in the vehicle with the intent to accept compensation
therefore is sufficient to require a court sitting in equity to transfer
"ownership" to the buyer regardless of whether the buyer took affirmative
steps to perfect any statutory interest in the vehicle.  All Greg needs to
do is swear on an affidavit (some DMV form) stating the date he sold the
vehicle, transferred legal title and the value received therefor.

The statute places the affirmative obligation on the seller to inform the
buyer only that the car has not been modified in any way that would offend
emissions testing.  The statute indicates that IF the seller does not
smog-test the vehicle, he must so state, and not perjure himself as to the
vehicle's ability to pass emissions testing or as to the vehicle's emissions
components.  Provided that Greg met this burden, the burden then shifts to
buyer to have the vehicle tested.  If it fails, buyer must go back to seller
within 60 days and give notice of failure, and give seller an opportunity to
correct.  Seller's failure to reneg on the sale or fix the problem is a
violation of the statute.  Going back on the seller more than 60 days after
the sale would rain too great harm on the seller - doctrine of laches.

Fixing the car now would be tantamount to an admission or perjuring
yourself, and Greg, I don't think you should set that precedent with this
guy, or any buyer.

Ray Tomlinson


-----Original Message-----
From: s-car-list-admin at audifans.com
[mailto:s-car-list-admin at audifans.com]On Behalf Of JShadzi at aol.com
Sent: Thursday, January 16, 2003 10:54 AM
To: quattrofan at sbcglobal.net; duandcc_forums at cox.net; GJWArch at 95959.com;
quattro at audifans.com
Cc: s-car-list at audifans.com
Subject: [s-cars] Re: Trouble in 4KCSQ Land


--
[ Picked text/plain from multipart/alternative ]
I'm sure the DMV could tell them, its who ever the pink slip's name is in,
but it sounds like money exchanged hands, the kid never registered it due to
no smog, and now is having to smog it becuase the PO's registration expired.
So, it seems that the car's title never changed hands, I'd bet that Greg
still owns the car, legally nothing has changed if the title was never
transfered, practically speaking the kid may have just been driving Greg's
car for the last months.

The reason the law is as it is regarding smog is to prevent a seller from
selling a smog-lemon to an unsuspecting buyer.  That's why as a seller in CA
its so important to make sure the car you're selling is smogable, otherwise
the title can never change hands.  If in the case of Greg, the kid never did
it, and now it has to be done for the annual registration, the car may have
been mal-maintained or abused, and Greg is still responsible for a smog he
should have done 6 months ago or whenever the car changed hands.

That's why i think Greg should make an offer to the kid, $800 or something
for the car, they split the liability, fix the car for $350 or so and either
sell it again or have a nice beater car to drive.  Legally though it still
may be his car, Greg, any comments, do you know whose name the car is in
currently?

Javad

In a message dated 1/16/2003 12:30:11 AM Pacific Standard Time,
quattrofan at sbcglobal.net writes:

> Javad, that is true; but, a title transfer/new owner registration can't be

> completed without the smog certificate.  This makes the case a bit more
> confusing.  Something is not right here.  Either the car is still in
Greg's
> name and the kid has no insurance on it (illegal in CA), or the kid got it
> done and is blowing smoke up his ass trying to get some money for repairs
> or
> get rid of the car.
>
> So the big question is... <drum roll, please> ... Who legally owns this
> vehicle?
>
> Mike Robinson
> 88 90 quattro SS
> 247,000 mi +-
>

_______________________________________________
S-CAR-List mailing list
S-CAR-List at audifans.com
http://www.audifans.com/mailman/listinfo/s-car-list