Who is responsible for past due vehicle registration fees new owner or seller?

[kf75sv]

What is the name of your state (only U.S. law)? California

 

[Zigner]

What is the name of your state (only U.S. law)? California

Technically, the seller.

 

[kf75sv]

So...

Was it illegal for him to sell me the car in the first place?

 

[Isis1]

Was it illegal for him to sell me the car in the first place?

no, it wasn't illegal. he owes the late fees. you can pay the fees yourself, take him to court, and request that he reimburse you.

 

[gogo589]

Sounds like you are now.

 

[justalayman]

actually, the OP may or may not have a claim. The state states that it is a situation the two parties need to take care of. The buyer could take the car and accept owing the fees or they could contract to buy the car with the seller paying the fees.

It all depends on what was known and what each party agreed to.

If you knew the there was delinquent fees didn't say anything about them and you still bought the car , it may very well be presumed you accepted liability for the fees.

 

[gogo589]

Yes, when you purchased this car, you presumably bought it "as is" meaning you knew about the registration fees.

 

[kf75sv]

Still doubtfull....

I spoke to a law librarian from the California courts and was told I should ask the seller to pay the full amount. But, I called the DMV again and was told it was 100% my responsibility. So I am still kind of confused as to waht to do. I was never made aware of the past due fees when I purchased the car nor did I buy the car "as is." I have a limited 3 month or 1000 mile warranty on the engine. And no where on my paperwork does it say anything about the fees.

 

[Zigner]

It is "your" responsibility as far as the DMV is concerned. Furthermore, as was mentioned, it can likely be argued that you KNEW about the fees and took them in to account during your negotiations with the seller. Thus, the seller would have fulfilled his "obligation" by giving you concessions on the price to offset the additional registration fees you will have to pay.

 

[gogo589]

Well I'm sorry. With the exception of the warranty on the engine, you bought the vehicle "as is". Does that sound better? If you buy a used vehicle and there is paperwork, the paperwork spells out the conditions of the deal.

I'm assuming you saw and test drove the vehicle in question? Did the vehicle have license plates on it when you saw it? If there were, you should have noticed. Even if there weren't license plates on it, I still think you're going to have an uphill battle. If there were no plates on it, you could TRY and argue that he was concealing the fact that the registration had expired. Again, it's going to be an uphill battle.

How long ago did you purchase this vehicle? Have you brought it to the attention of the seller? If you have, what did the seller say?

 

[Zigner]

Well I'm sorry. With the exception of the warranty on the engine, you bought the vehicle "as is". Does that sound better? If you buy a used vehicle and there is paperwork, the paperwork spells out the conditions of the deal.

I'm assuming you saw and test drove the vehicle in question? Did the vehicle have license plates on it when you saw it? If there were, you should have noticed. Even if there weren't license plates on it, I still think you're going to have an uphill battle. If there were no plates on it, you could TRY and argue that he was concealing the fact that the registration had expired. Again, it's going to be an uphill battle.

How long ago did you purchase this vehicle? Have you brought it to the attention of the seller? If you have, what did the seller say?

The SELLER is required to deliver the vehicle with a clear title. If there are past-due registration fees, it can be argued that he failed to do that...

 

[kf75sv]

.....

I noticed the car had no plates but I had purchased a car in the past with no plates and didn't have this issue so I had no idea what I was getting myself into. I bought the car Dec 23rd and procrastinated in getting to the DMV since I did not need to use it for at least 3 weeks(My mother was on vacation and I had been using a car we shared). Then when I finally went to the DMV and found out about these delinquent fees I had been trying to inform and prepare myselft before speaking to the seller. I have yet to call him, I don't even know how to approach the situation.

 

[gogo589]

I would just tell him that the DMV won't let you register the car in your name until the past due registration is paid. You don't even have plates. See how he responds. You could always tell him your "lawyer" said to either fork over the past due registration or the money for the car and you'll give him the car back. If you don't want to deal with it, just pay it and move on.