mardi 18 juin 2019

Can a Boat Purchase Contract Be Void if Seller Never Took Legal Ownership

My question involves vehicle registration or title in the state of: California


I purchased a used boat (1979) from a person who sells Food Trucks and repairs food trucks for a living. The individual used his business receipt to give me a receipt. He did not have the title at the time of the purchase and said he would mail it to me. I did get but the title was in someone else's name and he created a Release of Liability online via the DMV under the other persons name.

I'm suing this guy for verbal fraudulent misrepresentation. However, I want to see if I can also win my case by having the "purchase contract" voided if he never had title in his name. If he wasn't the legal owner at the time of sale can this be a reason to void the purchase agreement? Also, would it be considered breaking the law when he completed the Release of Liability in the previous owners name? If the receipt can be voided would that reverse the exchange, meaning I get my money back and he gets the boat back?

Are there any cases I can search for where this situation occurred and someone was successful that I can bring up in Small Claims Court? What laws or Vehicle codes can I recite in court to back this situation up?

Any help would be so appreciated.

Thank you.


Can a Boat Purchase Contract Be Void if Seller Never Took Legal Ownership

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