My question involves vehicle registration or title in the state of: California
I had been unsuccessfully trying to SMOG and register my vehicle for several months (tags were very expired at this point). I had recently given up trying to repair it, and was planning on buying a new car and parking the old car in a driveway until I could figure out how to donate or scrap it.
In a random parking lot, I was approached by some off-dudy mechanics who first offered to repair some body damage. I declined, and then they offered to buy the car. I was forthcoming about the registration status, the SMOG status, and all the other issues the car had. They were still interested, so on some binder paper, we drew up an informal Bill of Sale, agreeing that he would buy the car AS-IS.
At the time, I believed AS-IS would be sufficient (I believe it is in many states, but perhaps not California). However, I've been reading that it is the seller's responsibility to provide a passed SMOG before the title can be changed. Since that did not happen, I believe California will not legally respect the sale and I am still legally/financialy liable for that vehicle. I think that means, if he gets a ticket for driving without registration (or anything) I could be held financially responsible for that citation. (Could someone confirm or clarify those beliefs?)
I also suspect he will have a rather hard time getting the car registered in his name. I verbally mentioned this before the sale, they were not deterred, but there is no written evidence that I informed them of this.
I just want to be done with this car. It is absolutely not worth going to small claims court over this.
I'm considering:
Would any kind of notarized statement (2) be sufficient to release me form responsibility, or should I only offer to refund (1) or threaten to report as stolen (3)?
Is there anything else I should consider?
I probably should have declined the sale, but I was pressured buy the buyers (they "needed" a car, there was talk about children and thanksgiving, holiday cheer, etc), I had already decided I needed to git rid of the car, and I thought "some money would be better than no money." Alas.
I had been unsuccessfully trying to SMOG and register my vehicle for several months (tags were very expired at this point). I had recently given up trying to repair it, and was planning on buying a new car and parking the old car in a driveway until I could figure out how to donate or scrap it.
In a random parking lot, I was approached by some off-dudy mechanics who first offered to repair some body damage. I declined, and then they offered to buy the car. I was forthcoming about the registration status, the SMOG status, and all the other issues the car had. They were still interested, so on some binder paper, we drew up an informal Bill of Sale, agreeing that he would buy the car AS-IS.
At the time, I believed AS-IS would be sufficient (I believe it is in many states, but perhaps not California). However, I've been reading that it is the seller's responsibility to provide a passed SMOG before the title can be changed. Since that did not happen, I believe California will not legally respect the sale and I am still legally/financialy liable for that vehicle. I think that means, if he gets a ticket for driving without registration (or anything) I could be held financially responsible for that citation. (Could someone confirm or clarify those beliefs?)
I also suspect he will have a rather hard time getting the car registered in his name. I verbally mentioned this before the sale, they were not deterred, but there is no written evidence that I informed them of this.
I just want to be done with this car. It is absolutely not worth going to small claims court over this.
I'm considering:
- Contacting the buyer, offer to refund the purchase price, and then donate/scrap the car.
- Getting a typed statement signed and notarized, stating that the buyer assumes all financial and legal responsibilities for the vehicle, explicitly mentioning that the buyer wishes to take responsibility for SMOG/registration and otherwise making the car legal to drive in California.
- If the buyer does not accept those options, I should report the car is stolen. (California does not recognize the sale as legal, I do not have the car or know where the car is). Seems douchy, but it may be in my best interests to do so.
Would any kind of notarized statement (2) be sufficient to release me form responsibility, or should I only offer to refund (1) or threaten to report as stolen (3)?
Is there anything else I should consider?
I probably should have declined the sale, but I was pressured buy the buyers (they "needed" a car, there was talk about children and thanksgiving, holiday cheer, etc), I had already decided I needed to git rid of the car, and I thought "some money would be better than no money." Alas.
Transferring Title: Selling a Vehicle That Won't Pass a Smog Test
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