My family member Brett sold a car in southern CA "as is" to criminals (checked on facebook filled out bill of sale incorrectly in wife's name -she's now in jail)
Brett told him there was a major problem, it has a check engine light on with p0304 cylinder 4 misfire, and he had changed the coils and spark plugs but they are not the problem. He said he did not know what the problem is (which he didn't) and you could look online to see what other issues it could be. All which are Huge issues. So Brett sold it to him very cheap to cover some repairs at 2,500.
Then we see the criminals resell it that same day to someone on craigslist (illegally "floating a title") for 4,000. My guess is he pretended to be Brett when selling it, as Brett stupidly dated and signed the title while leaving the rest blank. At least this criminal claimed the check engine light was on.
We look online the next day and it's being sold by another seller. This is the 3rd seller if you include Brett. We even called him pretending to be buyers and recorded his voice and screen shoted his craigslist post along with the other criminal seller craigslist post. So we have that. This 3rd seller I'm assuming has turned off the check engine light because he doesn't even mention it. He's selling for 5,000 right now, he claims his name is not Brett thankfully. So if the new buyers buy it and ask for a bill of sale I'm assuming he will have to fill out his own name and hopefully he will share liability here. Of course the title is still blank, only with Brett's name.
Our concerns:
Whoever buys it next will finish filling out the title with Brett's name signed on it, does that put the legal responsibility on Brett, especially as he is the registered owner? We looked it up and found out that it is illegal to sell a car that does not pass smog in California and the "seller" is liable for repairs. Which seller 1st, 2nd, or 3rd? But wouldn't the newest seller be liable for those repairs, especially as he is illegally selling the car in Brett's name without claiming the issue?
We would be more than willing to buy back the car for what we sold it, we even offered 2000 to the first criminal as soon as we found out what he was doing and that we could possibly be liable. But we now can't afford to buy it from 3rd seller for 5,000 knowing the repairs by the code will be around 3,000 for repairs alone. But I'm terrified we will be liable for repairs for the newest buyer (who will be completely in the dark about all of this to buy the car with a title in someone else name) when we thought we could trust the first buyer to fix it himself with the low price we gave him. Whoever buys it will get a problem car that cannot be registered in 8 days, as it would take longer to fix, it's up for registration next month but we realized they have 10 days from sale date on title.
How worried shall we be?
Brett told him there was a major problem, it has a check engine light on with p0304 cylinder 4 misfire, and he had changed the coils and spark plugs but they are not the problem. He said he did not know what the problem is (which he didn't) and you could look online to see what other issues it could be. All which are Huge issues. So Brett sold it to him very cheap to cover some repairs at 2,500.
Then we see the criminals resell it that same day to someone on craigslist (illegally "floating a title") for 4,000. My guess is he pretended to be Brett when selling it, as Brett stupidly dated and signed the title while leaving the rest blank. At least this criminal claimed the check engine light was on.
We look online the next day and it's being sold by another seller. This is the 3rd seller if you include Brett. We even called him pretending to be buyers and recorded his voice and screen shoted his craigslist post along with the other criminal seller craigslist post. So we have that. This 3rd seller I'm assuming has turned off the check engine light because he doesn't even mention it. He's selling for 5,000 right now, he claims his name is not Brett thankfully. So if the new buyers buy it and ask for a bill of sale I'm assuming he will have to fill out his own name and hopefully he will share liability here. Of course the title is still blank, only with Brett's name.
Our concerns:
Whoever buys it next will finish filling out the title with Brett's name signed on it, does that put the legal responsibility on Brett, especially as he is the registered owner? We looked it up and found out that it is illegal to sell a car that does not pass smog in California and the "seller" is liable for repairs. Which seller 1st, 2nd, or 3rd? But wouldn't the newest seller be liable for those repairs, especially as he is illegally selling the car in Brett's name without claiming the issue?
We would be more than willing to buy back the car for what we sold it, we even offered 2000 to the first criminal as soon as we found out what he was doing and that we could possibly be liable. But we now can't afford to buy it from 3rd seller for 5,000 knowing the repairs by the code will be around 3,000 for repairs alone. But I'm terrified we will be liable for repairs for the newest buyer (who will be completely in the dark about all of this to buy the car with a title in someone else name) when we thought we could trust the first buyer to fix it himself with the low price we gave him. Whoever buys it will get a problem car that cannot be registered in 8 days, as it would take longer to fix, it's up for registration next month but we realized they have 10 days from sale date on title.
How worried shall we be?
Transfer of Title: Can You Sell a Car As-Is When it Can't Pass a Smog Test
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