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Getting a title/registration for out of state vehicle in CA.

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mnsweeps

Junior Member
CA

I bought a 2007 Hybrid Highlander from a TX independent dealer through EBAY on Mar 15. Full payment was made on Mar 17 via Wachovia bank wire transfer. Before I bid on vehicle I got all info on dealer like his drivers license, TX permit, bill of sale , power of attorney, copy of vehicle title ( which showed the original 2 owners and also that lien was paid off), TX dealers surety bond etc. All looked good including the carfax report and I won the auction.

The car was delivered on I think Mar 26 or 27 to CA. I went same day to CA DMV ( Glendale ) to register. They looked at my power of attorney and bill of sale documents and issued a temporary registration till end of May. I also have the car insured from AAA.

In meantime I have been trying to get the dealer to send the original title signed off by him and transferred to me. So far I have been out of luck . The dealer has not responded positively.

I definitely want a CA title on this car in my name. If worst come and I do not get a TX title from dealer what are my options to get a clean CA title issue in my name?
 


justalayman

Senior Member
I definitely want a CA title on this car in my name. If worst come and I do not get a TX title from dealer what are my options to get a clean CA title issue in my name?
Well, that would be appropriate since you are a Cali resident.

If the seller does not provide you with a title, you have the option of throwing the car away or suing the seller for the moeny you gave him for the car (rescind the sale). given that option (when actually in court) a title is often provided, if they actually hold title.

The problem is you would have to sue the guy in Texas and depending on the amount of money involved, it could be possible to be beyond the jurisdiction of small claims courts.

You could try to sue in California but that presents problems as well and may not be successful.

You may try making a claim against his bond. If possible, that would spur him into action as often claims against bonds causes a lot of problems.
 

mnsweeps

Junior Member
Well, that would be appropriate since you are a Cali resident.

If the seller does not provide you with a title, you have the option of throwing the car away or suing the seller for the moeny you gave him for the car (rescind the sale). given that option (when actually in court) a title is often provided, if they actually hold title.

The problem is you would have to sue the guy in Texas and depending on the amount of money involved, it could be possible to be beyond the jurisdiction of small claims courts.

You could try to sue in California but that presents problems as well and may not be successful.

You may try making a claim against his bond. If possible, that would spur him into action as often claims against bonds causes a lot of problems.

The amount involved is $30000 and is beyond small claims. His TX surety bond is $25,000 max. Also why cant I request a salvage or abandoned vehicle title from CA DMV? Can CA court order DMV to issue me a title if i present my case to the court.

Also you mentioned making a claim causes a lot of problems. Problems for him(dealer), right? and not for me.

The good thing is I have Group Legal from my company through Hyatt Plans. They have attorneys in TX (Dallas) whom I believe can take up my case.

I will also be asking for reimbursement from EBAY Vehicle protection plan ( VPP). Dont know how effective they are..
 
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justalayman

Senior Member
Also why cant I request a salvage or abandoned vehicle title from CA DMV?
Maybe because it isn't an abandoned or salvaged vehicle? What would you tell them as to how you came into possession of the vehicle?

Can CA court order DMV to issue me a title if i present my case to the court.
No. You have to sue the guy that sold it to you. He would have to have his opportunity to defend his actions. I can forge any document you have. How is the court to know it isn't simply a stolen vehicle and somebody is attempting to get a title for it?

Also you mentioned making a claim causes a lot of problems. Problems for him(dealer), right? and not for me.
correct

The good thing is I have Group Legal from my company through Hyatt Plans. They have attorneys in TX (Dallas) whom I believe can take up my case.
Sounds like you have a benefit that most don't and it may work out for you well.

I will also be asking for reimbursement from EBAY Vehicle protection plan ( VPP). Dont know how effective they are
Don't know what that is but if ebay will give you your money back, go for it.
 

divgradcurl

Senior Member
Is this a new car or a used car? If the car is new, or used but less than 7500 miles on it, you may not be able to register the car in California anyhow. You should contact the DMV to see if you even CAN register the vehicle here in the first place.

Otherwise, follow the advice given to obtain the title -- you will need it, either to register the car in California or to resell it to someone in another state who can register it!
 

mnsweeps

Junior Member
Is this a new car or a used car? If the car is new, or used but less than 7500 miles on it, you may not be able to register the car in California anyhow. You should contact the DMV to see if you even CAN register the vehicle here in the first place.

Otherwise, follow the advice given to obtain the title -- you will need it, either to register the car in California or to resell it to someone in another state who can register it!
used car with 8300 miles when it entered CA.
 

mnsweeps

Junior Member
Today I received the TX title from the dealer signed off to me at back. So a happy ending with no legal action .. :)
 

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