My question involves a consumer law issue in the State of: California
Last week I went to view a vehicle sold by a private party. Since I am a mechanic, I did my own PPI in front of the 'owner' and told him the car is priced right. However, he disclosed the car owned some back fees since it was last registered in 2016. I had asked him if his child's name is on the title, who the car was gifted to. He said it wasn't and that his name was. We wrote a contract up and I made a small deposit, which was written to deduct from the purchase price. The seller had also said he would pay any fees up to a certain amount. No text was written that the deposit was non-refundable.
I contacted the DMV 1 day after our conversation and found out the fees were three times the amount disclosed. I let the owner know this and provided a PDF format printout of the fee calculator offered by the DMV based on VIN and license number. When I called the owner, I asked him to provide a screenshot of the title and any paperwork which I had not seen since he said he had to "look for it" at the time I saw the car. The seller provided the paperwork. Much to my dismay I discovered the following:
- The title was NOT in his name.
- The title was signed by the seller and left open-ended.
- The vehicle and vessel transfer paperwork was not properly filled out.
- A purchase price was listed on the back if the title and the date transacted, but no signatures by him indicating he would undertake ownership.
Based on the findings, I questioned the car and he had offered to return my money. He had also said he'd knock more money off of the price, going against the contract to my benefit. He also offered to smog the car so I have up to date smog info to present to the DMV. He said I can buy the car still ONLY IN CASH, and proceeded to tell me how to 'defraud' the DMV and change the purchase price in order to 'cheat' taxes. The conversation detailing this is now saved via text message on my phone in addition to him offering to refund my deposit if I was uncomfortable still.
My guard went up immediately and told him I would think about it for the day and get back to him. The next day, I contacted him via phone and said I did not want to proceed and that I would like my deposit refunded. He apologized that it didn't work out and to contact him on Saturday for a time to pick up the money.
Saturday came, and I couldn't get a hold of him. He made some excuse that he had a family crisis to tend to and that he would contact me on Sunday. Sunday came and I left a message for him, which was never returned.
This morning I reached out to him again and he changed his mind about refunding my money. He said that I was in breach of contract saying I wasn't going to proceed. I reminded him that no where in the contract did he write my deposit was non-refundable, even mentioning to him the illegitimate paperwork was not provided to me at the time of viewing. He said he left town today and I can still buy the car, but is not returning the money.
Since the seller's true colors are now showing, I notified the local police of the situation and they mentioned I consult an attorney. I have written evidence as well as electronic with intent to defraud the DMV in this state, however the police were not responsive on this and said it was just a misdemeanor based on the tax amount avoided by the individual.
The amount is small and would fall under small claims court, but the seller is not responsive to any texts and calls. I even offered to be civil one last time before I escalate this into the legal system. I have received no response.
Any advice would be appreciated. Thanks in advance.
Last week I went to view a vehicle sold by a private party. Since I am a mechanic, I did my own PPI in front of the 'owner' and told him the car is priced right. However, he disclosed the car owned some back fees since it was last registered in 2016. I had asked him if his child's name is on the title, who the car was gifted to. He said it wasn't and that his name was. We wrote a contract up and I made a small deposit, which was written to deduct from the purchase price. The seller had also said he would pay any fees up to a certain amount. No text was written that the deposit was non-refundable.
I contacted the DMV 1 day after our conversation and found out the fees were three times the amount disclosed. I let the owner know this and provided a PDF format printout of the fee calculator offered by the DMV based on VIN and license number. When I called the owner, I asked him to provide a screenshot of the title and any paperwork which I had not seen since he said he had to "look for it" at the time I saw the car. The seller provided the paperwork. Much to my dismay I discovered the following:
- The title was NOT in his name.
- The title was signed by the seller and left open-ended.
- The vehicle and vessel transfer paperwork was not properly filled out.
- A purchase price was listed on the back if the title and the date transacted, but no signatures by him indicating he would undertake ownership.
Based on the findings, I questioned the car and he had offered to return my money. He had also said he'd knock more money off of the price, going against the contract to my benefit. He also offered to smog the car so I have up to date smog info to present to the DMV. He said I can buy the car still ONLY IN CASH, and proceeded to tell me how to 'defraud' the DMV and change the purchase price in order to 'cheat' taxes. The conversation detailing this is now saved via text message on my phone in addition to him offering to refund my deposit if I was uncomfortable still.
My guard went up immediately and told him I would think about it for the day and get back to him. The next day, I contacted him via phone and said I did not want to proceed and that I would like my deposit refunded. He apologized that it didn't work out and to contact him on Saturday for a time to pick up the money.
Saturday came, and I couldn't get a hold of him. He made some excuse that he had a family crisis to tend to and that he would contact me on Sunday. Sunday came and I left a message for him, which was never returned.
This morning I reached out to him again and he changed his mind about refunding my money. He said that I was in breach of contract saying I wasn't going to proceed. I reminded him that no where in the contract did he write my deposit was non-refundable, even mentioning to him the illegitimate paperwork was not provided to me at the time of viewing. He said he left town today and I can still buy the car, but is not returning the money.
Since the seller's true colors are now showing, I notified the local police of the situation and they mentioned I consult an attorney. I have written evidence as well as electronic with intent to defraud the DMV in this state, however the police were not responsive on this and said it was just a misdemeanor based on the tax amount avoided by the individual.
The amount is small and would fall under small claims court, but the seller is not responsive to any texts and calls. I even offered to be civil one last time before I escalate this into the legal system. I have received no response.
Any advice would be appreciated. Thanks in advance.
Sales Agreements: Scammed Out of a Deposit from a Craigslist Seller and Title Skipper
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