My question involves a consumer law issue in the State of: California
I purchased a truck from a seller who advertised on "offer up". There was a language barrier that made everything quite complex and therefore, all of the husband and wife's texting and negotiating had to be done thru their son. I went with cash on my person to the sellers' home and made an inspection of the vehicle, test drove it and was assured that they had clear title to it. We sat at their dining room table and as i was signing a bill of sale prepared by the husband (which was prepared in very broken english, nothing fancy, but bottom line, acceptable, i gave the wife the sum of $15,000 for her to count out and take the purchase price out of. The truck seemed to have been maintained well and was advertised as a 2007 toyota tacoma with 45,000 miles on it, for the purchase price of $14,500. I wanted the truck badly, but of course would have been happy to pay less than their asking price, but just decided to see what they offered first. (As all of this was taking place, I need to mention that i saw an original title face down on the table and just assumed it was the title to the truck.) Anyhow, she gave me back $1,000.00, so i was happy to save the $500 and also they filled out the bill of sale in the same amount, $14,000 and i signed and he signed. Then they said that they had lost the title -- but were going to get one in two weeks. I questioned that and said they could get one the next day at DMV and i would be glad to meet them there. They said no, that a man from toyota was coming to bring them another title and they gave me a copy of their supposed old title, which had a lienholder listed as "toyota financial"....they said there was no lienholder and at that late hour (10:00 pm, i knew that i wouldn't get to talk to toyota financial, who is located in atlanta, ga. so, i left with my $1,000, the truck, a copy of the old title and a bill of sale....and their assurance that they would let me know as soon as they had a duplicate title for me. The next day or so, the wife called me in a panic and said that she had forgotten that the asking price was $14,500, not $14,000 as she had told me and as was plainly filled in on the bill of sale by her husband. I forgot to mention that when i got home and could see the inside of the truck much easier than i could in the underground parking garage it was parked in, i noticed for the first time that the mileage was NOT 45,000 as the ad for sale had said and that i had verbally verified on the phone with both her and her son prior to withdrawing the cash and heading to their home. i asked her (when she mentioned the $500 she said i still owed her) why she had lied about the mileage and did she think that i would never look at the mileage or something? she didn't respond, so i repeated the question, but no response. i asked her if she was aware that lying about the mileage was fraud and something that the dmv doesn't take lightly. she just kept on saying when was i going to pay her the $500 and i told her of course, that i wasn't because it was the price that she quoted to me and that her husband wrote down on the bill of sale, and that that was a done deal....she said that she would not give me the title (which she now claimed she had) unless i paid her $500. i kind of chuckled and asked if she now wanted to add extortion to her would-be fraud charges.....i told her that i was not going to pay her another cent and she got pretty irate and i said goodbye and after she or her son sent me a few choice texts, i blocked her and decided to go to dmv and check out my options. DMV looked over the paperwork and told me that they wouldn't do anything until i got a lien release from toyota....not a problem i thought, called them, faxed them the paperwork and my i.d. and it took me over TWO MONTHS to finally get that release of lienholder....i was calling them daily after a month went by and it still took another month.....now, my question is do i have sufficient documentation to present to dmv to get title and registration to my vehicle? i know that they will want the truck smogged, but i want to first go in with my photo driver's license, bill of sale, copy of the title and the lienholder release and get something going on the title....it is july 9 today and i purchased the truck on april 10, but i have been working on it every day until now when i got the lienholder release and hope that what i have is sufficient to get title transferred to me. they never asked me why i didn't have it already....i didn't lie or anything, i just told them that the seller claimed to have lost it and gave me the copy i now have and that since there is a huge communication problem, that i would just rather get it done more expeditiously than i think they would and take it from there....at this point in time, i don't feel the need to slander the sellers nor take the focus off what my intended goal is, getting the title. trust me, i am not driving the truck more than absolutely necessary because i live in fear of getting pulled over or something and having an officer say "license and registration"....of course i have comprehensive insurance on the vehicle (i got it the morning after i purchased the truck) and i just don't want to go stand in line at dmv for another 3-4 hours again just to find out that i need something else....anyhow, sorry this is such a novel and i hope that someone can answer my question quickly, because it is monday night now and i plan on going to dmv thursday or friday of this week regardless because i need to have closure of this very uncomfortable situation....the sooner the better....thank you in advance and i hope to hear from you....
I purchased a truck from a seller who advertised on "offer up". There was a language barrier that made everything quite complex and therefore, all of the husband and wife's texting and negotiating had to be done thru their son. I went with cash on my person to the sellers' home and made an inspection of the vehicle, test drove it and was assured that they had clear title to it. We sat at their dining room table and as i was signing a bill of sale prepared by the husband (which was prepared in very broken english, nothing fancy, but bottom line, acceptable, i gave the wife the sum of $15,000 for her to count out and take the purchase price out of. The truck seemed to have been maintained well and was advertised as a 2007 toyota tacoma with 45,000 miles on it, for the purchase price of $14,500. I wanted the truck badly, but of course would have been happy to pay less than their asking price, but just decided to see what they offered first. (As all of this was taking place, I need to mention that i saw an original title face down on the table and just assumed it was the title to the truck.) Anyhow, she gave me back $1,000.00, so i was happy to save the $500 and also they filled out the bill of sale in the same amount, $14,000 and i signed and he signed. Then they said that they had lost the title -- but were going to get one in two weeks. I questioned that and said they could get one the next day at DMV and i would be glad to meet them there. They said no, that a man from toyota was coming to bring them another title and they gave me a copy of their supposed old title, which had a lienholder listed as "toyota financial"....they said there was no lienholder and at that late hour (10:00 pm, i knew that i wouldn't get to talk to toyota financial, who is located in atlanta, ga. so, i left with my $1,000, the truck, a copy of the old title and a bill of sale....and their assurance that they would let me know as soon as they had a duplicate title for me. The next day or so, the wife called me in a panic and said that she had forgotten that the asking price was $14,500, not $14,000 as she had told me and as was plainly filled in on the bill of sale by her husband. I forgot to mention that when i got home and could see the inside of the truck much easier than i could in the underground parking garage it was parked in, i noticed for the first time that the mileage was NOT 45,000 as the ad for sale had said and that i had verbally verified on the phone with both her and her son prior to withdrawing the cash and heading to their home. i asked her (when she mentioned the $500 she said i still owed her) why she had lied about the mileage and did she think that i would never look at the mileage or something? she didn't respond, so i repeated the question, but no response. i asked her if she was aware that lying about the mileage was fraud and something that the dmv doesn't take lightly. she just kept on saying when was i going to pay her the $500 and i told her of course, that i wasn't because it was the price that she quoted to me and that her husband wrote down on the bill of sale, and that that was a done deal....she said that she would not give me the title (which she now claimed she had) unless i paid her $500. i kind of chuckled and asked if she now wanted to add extortion to her would-be fraud charges.....i told her that i was not going to pay her another cent and she got pretty irate and i said goodbye and after she or her son sent me a few choice texts, i blocked her and decided to go to dmv and check out my options. DMV looked over the paperwork and told me that they wouldn't do anything until i got a lien release from toyota....not a problem i thought, called them, faxed them the paperwork and my i.d. and it took me over TWO MONTHS to finally get that release of lienholder....i was calling them daily after a month went by and it still took another month.....now, my question is do i have sufficient documentation to present to dmv to get title and registration to my vehicle? i know that they will want the truck smogged, but i want to first go in with my photo driver's license, bill of sale, copy of the title and the lienholder release and get something going on the title....it is july 9 today and i purchased the truck on april 10, but i have been working on it every day until now when i got the lienholder release and hope that what i have is sufficient to get title transferred to me. they never asked me why i didn't have it already....i didn't lie or anything, i just told them that the seller claimed to have lost it and gave me the copy i now have and that since there is a huge communication problem, that i would just rather get it done more expeditiously than i think they would and take it from there....at this point in time, i don't feel the need to slander the sellers nor take the focus off what my intended goal is, getting the title. trust me, i am not driving the truck more than absolutely necessary because i live in fear of getting pulled over or something and having an officer say "license and registration"....of course i have comprehensive insurance on the vehicle (i got it the morning after i purchased the truck) and i just don't want to go stand in line at dmv for another 3-4 hours again just to find out that i need something else....anyhow, sorry this is such a novel and i hope that someone can answer my question quickly, because it is monday night now and i plan on going to dmv thursday or friday of this week regardless because i need to have closure of this very uncomfortable situation....the sooner the better....thank you in advance and i hope to hear from you....
Transfer of Title: Seller Refuses to Transfer Title
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