My question involves a consumer law issue in the State of: CA
My friend bought a car (2003 Audi A4) from a private party for $1000. The owner informed him that the car would not pass emissions without $1200-$2000 in repairs and my friend agreed and took possession of the car. The owner filled out and submitted to the DMV the Notice of Transfer that is on the bottom of the car title.
My friend asked me if I thought I could sell the car for more than the $1000. Basically, flip the car and make a couple thousand profit. The car was in good condition, cosmetically anyhow. I posted an ad for a 2004 Audi A4 on Craig's List (I didn't realize it was a 2003.) Soon I had tons of calls. The first person who came to look at it really liked the car. I told her that she couldn't test drive it because it didn't have insurance but I took her for a ride and let her drive around the apartment complex parking lot. (Right before she came I cleared the Check Engine Light and Transmission Fault codes and was relieved when they didn't turn on again while she was driving it. I covered myself and told her the CEL sometimes flashed on if the gas cap wasn't tight.)
Repeatedly she asked about any transmission problems, and I told her I had the receipts from when I had the transmission replaced in 2014. She also text that she wanted to be sure that it was 2004 because she would be using it to drive for Lyft and needed a 2004 or newer car. Again, honest mistake on my part because I told her that it was 2004. I also told her that the car belonged to my wife before we were married. That way if I was questioned about the car's title (which was still in the name of the original owner, the guy my friend had bought it from 3 days earlier)I would just say he was my father-in-law. There were a bunch of service invoices going back over 10 years that listed both the a a male and a female with the same last name so by saying it was my father-in-law I hoped it would seem plausible enough that a potential buyer wouldn't ask any questions. The title was signed by the original owner and dated 4/8/17 which was the day my friend bought it. By the time I handed over the title, along with a pile of service invoices (including all the oil changes the car ever received), I had overwhelmed the person buying the car and thanks to a nice windy day she had already given me the $4000 I was asking for.
Less than 8hrs later I received a text from her that the Check Engine Light and Transmission Fault light was on again in the car and that the car was a 2003, not a 2004. I ignored the texts. I thought she would just give up because it seemed like she had a lot on her plate (her mom had just died, she was moving from her rental house in a rush, and some other things). It wasn't until a week or two later that she text again to say she looked through all the papers and couldn't find the smog certificate. She needed it to get the car registered in her name. Luckily she only had my phone number and not my real name, or my friend's name (who was technically the "owner" of the car since 4/8/17.)
She has several texts from me stating the car is a 2004, not a 2003. She also has a text saying the transmission was replaced and there weren't transmission problems. The original owner had not given my friend a smog certificate so I couldn't give her one (although I might've hinted I included the smog certificate the pile of papers I handed her.) I should also mention the original owner paid the registration through October 2017 but because the car was inoperable it didn't have valid tags. I found some and put them on just so whoever bought it would think everything was ok through October 2017. This was on 4/13/17 she bought the car and I've received a few texts from her asking what I wanted to do to make this right because she claims CA requires all cars be sold with a smog certificate. (I would argue because the car was inoperable on the registration, she should've known and therefore it was not the seller's responsibility to provide the smog certificate.)
I realize what I did was a little shady but I don't think it was illegal. The girl who bought the car tracked my friend down after contacting original owner who was listed on the title I gave her. He gave her a copy of the Notice of Transfer with my friend's information he had submitted to the DMV. I was with my friend when he bought the car, so the original owner can definitely say I knew all about the car's problems. My truck, which is pretty recognizable, is in the background of the photos of the car which shows I was the one selling the car on CL.
I didn't sweat all this until today when I got a text from her that called me by my legal first and last name. I'm not sure how she tracked me down but now I'm worried because she says she is filing in small claims court listing me and my friend as defendants. She is suing on grounds that it was my friend and/or my responsibility to provide the smog certificate. Not only that but the Notice of Transfer finally made it through the DMV and she is having problems registering the car because the title she has is from the original owner who says he sold the car to my friend, not her. Does she have any legal grounds to sue my friend and me....especially me?
My friend bought a car (2003 Audi A4) from a private party for $1000. The owner informed him that the car would not pass emissions without $1200-$2000 in repairs and my friend agreed and took possession of the car. The owner filled out and submitted to the DMV the Notice of Transfer that is on the bottom of the car title.
My friend asked me if I thought I could sell the car for more than the $1000. Basically, flip the car and make a couple thousand profit. The car was in good condition, cosmetically anyhow. I posted an ad for a 2004 Audi A4 on Craig's List (I didn't realize it was a 2003.) Soon I had tons of calls. The first person who came to look at it really liked the car. I told her that she couldn't test drive it because it didn't have insurance but I took her for a ride and let her drive around the apartment complex parking lot. (Right before she came I cleared the Check Engine Light and Transmission Fault codes and was relieved when they didn't turn on again while she was driving it. I covered myself and told her the CEL sometimes flashed on if the gas cap wasn't tight.)
Repeatedly she asked about any transmission problems, and I told her I had the receipts from when I had the transmission replaced in 2014. She also text that she wanted to be sure that it was 2004 because she would be using it to drive for Lyft and needed a 2004 or newer car. Again, honest mistake on my part because I told her that it was 2004. I also told her that the car belonged to my wife before we were married. That way if I was questioned about the car's title (which was still in the name of the original owner, the guy my friend had bought it from 3 days earlier)I would just say he was my father-in-law. There were a bunch of service invoices going back over 10 years that listed both the a a male and a female with the same last name so by saying it was my father-in-law I hoped it would seem plausible enough that a potential buyer wouldn't ask any questions. The title was signed by the original owner and dated 4/8/17 which was the day my friend bought it. By the time I handed over the title, along with a pile of service invoices (including all the oil changes the car ever received), I had overwhelmed the person buying the car and thanks to a nice windy day she had already given me the $4000 I was asking for.
Less than 8hrs later I received a text from her that the Check Engine Light and Transmission Fault light was on again in the car and that the car was a 2003, not a 2004. I ignored the texts. I thought she would just give up because it seemed like she had a lot on her plate (her mom had just died, she was moving from her rental house in a rush, and some other things). It wasn't until a week or two later that she text again to say she looked through all the papers and couldn't find the smog certificate. She needed it to get the car registered in her name. Luckily she only had my phone number and not my real name, or my friend's name (who was technically the "owner" of the car since 4/8/17.)
She has several texts from me stating the car is a 2004, not a 2003. She also has a text saying the transmission was replaced and there weren't transmission problems. The original owner had not given my friend a smog certificate so I couldn't give her one (although I might've hinted I included the smog certificate the pile of papers I handed her.) I should also mention the original owner paid the registration through October 2017 but because the car was inoperable it didn't have valid tags. I found some and put them on just so whoever bought it would think everything was ok through October 2017. This was on 4/13/17 she bought the car and I've received a few texts from her asking what I wanted to do to make this right because she claims CA requires all cars be sold with a smog certificate. (I would argue because the car was inoperable on the registration, she should've known and therefore it was not the seller's responsibility to provide the smog certificate.)
I realize what I did was a little shady but I don't think it was illegal. The girl who bought the car tracked my friend down after contacting original owner who was listed on the title I gave her. He gave her a copy of the Notice of Transfer with my friend's information he had submitted to the DMV. I was with my friend when he bought the car, so the original owner can definitely say I knew all about the car's problems. My truck, which is pretty recognizable, is in the background of the photos of the car which shows I was the one selling the car on CL.
I didn't sweat all this until today when I got a text from her that called me by my legal first and last name. I'm not sure how she tracked me down but now I'm worried because she says she is filing in small claims court listing me and my friend as defendants. She is suing on grounds that it was my friend and/or my responsibility to provide the smog certificate. Not only that but the Notice of Transfer finally made it through the DMV and she is having problems registering the car because the title she has is from the original owner who says he sold the car to my friend, not her. Does she have any legal grounds to sue my friend and me....especially me?
Transfer of Title: Sold a Car Without Smog Certificate and Other Shady Things.can Buyer Sue Me
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