Proving the Purchase Price of a Used Car

[LOOKNOTLEAP]

My question involves a banking matter in the State of: California.
I paid the seller for a car with 2 cashier's checks payable to the seller.
Only 1 of them appears on the Title, Transfer Form and Bill of Sale.
The bank says both cashier's checks were presented and the bank honored them.
I have the receipts from my purchase of the 2 cashier's checks from the bank.
The bank branch that I bought the checks from and the bank branch that honored them are the same.
I have had no other dealings especially no monetary ones with the seller.
Do I have 'ordinary' evidence, and evidence presentable to a court of law, that I paid the seller the total of the 2 checks for the car?
Thanks very much.

[flyingron]

Evidence of what? What are you in court for?

[LOOKNOTLEAP]

That I paid the seller the total of the 2 checks for the car. Car has badly damaged steering undisclosed in advertisement. I'm considering filing a suit

[Mr. Knowitall]

When you paid sales tax on the car, what figure did you use - the amount indicated on the title, or the sum total of the two cashier's checks?

If you chose to commit tax fraud, you may be hung by your own petard.

[LOOKNOTLEAP]

The badly damaged steering, undisclosed in the advertisement, was discovered before filing either the Title or the Transfer.
I have corrected the amount, on both those documents, to the total of the two cashier's checks.
However, I have not filed the Title or the Transfer with CA DMV as I believe (know) I have been defrauded.
I've had a licensed mechanic state in writing that the steering is badly damaged and the car should not be driven in it's current condition - in other words, that the car was knowingly sold as unsafe or dangerous.
The seller will not refund. The car has not been driven since the steering damage was found.
But, first . . . . . . the cashier's checks situation?
Thanks

[That Guy]

The badly damaged steering, undisclosed in the advertisement, was discovered before filing either the Title or the Transfer.
I have corrected the amount, on both those documents, to the total of the two cashier's checks.
However, I have not filed the Title or the Transfer with CA DMV as I believe (know) I have been defrauded.
I've had a licensed mechanic state in writing that the steering is badly damaged and the car should not be driven in it's current condition - in other words, that the car was knowingly sold as unsafe or dangerous.
The seller will not refund. The car has not been driven since the steering damage was found.
But, first . . . . . . the cashier's checks situation?
Thanks

Is this the same vehicle you described in your other thread as having a Salvage Title??

[LOOKNOTLEAP]

Yes - it has a Salvage Certificate.
There are several other (serious?) complications to this case but, of course CA DMV cannot offer legal advice/information.
But, first . . . . . . the cashier's checks situation? Please.
Many thanks.
PS - My petard, somewhat like its owner, is old and fragile yet good looking. It couldn't hoist a chicken.

[flyingron]

With a salvage title you're not likely to get anywhere asserting any warranty or representation of the seller.
The question about the cashier's checks is largely moot. The practical matter is what is on the bill of sale. You can assert you gave more money to the sellar and you intentionally put a fraudulent amount on the bill of sale in order to evade taxes, but that's not going to help your case. In a civil case, the parties only need to show a preponderance of evidence that their assertion is true. Two checks made out at the same time to the party is a reasonable assertion that you paid him. However, we don't know what he might assert the second check was for.

Despite your attempt to try to hack the larger problem up into little bits to try to get the answers you want, the interrelated details do matter, and we can't possibly give a microscopic answer without the rest of the story. This is why you're well advised to keep everything in the same thread lest you get answers that are completely opposite to the facts in the case based on assumptions people make in the absence of what is really happening.

[LOOKNOTLEAP]

You may, of course, close or delete the other thread as you see fit.
First, thank you for your prompt reply and, again of course, I agree with your second paragraph above.
I have just received a letter from the seller's attorney and must now devote my attention to that - so I probably won't post under this thread for a while.
For such a 'simple matter' as buying a car, this case does become quite complex - my main reason for not describing all that has happened.
I will add that the online advertisement offered the car for sale (very specifically) by dealer (Ebay allows a sale by dealer but doesn't require the dealer name and none was given) and the seller now claims to DMV that the 3 'sale' documents represent an individual/private sale.
But the seller signed the Bill Of Sale with, in his own hand, the blank line for "Company:" filled in as "Blahblah Automobiles". An imperfect document?
I believe that company has never existed. The seller is not sure of which hat he is wearing at any given time.
The seller has about 5 more similarly advertised, "too good to be true", late model, low mileage, low price, higher end, salvage vehicles.
I believe DMV may have had a word with them - they are now by private seller. No more "pristine condition", "perfectly drivable", "as good as new", "only minor front end damage", and a 'before' photo of the car showing only body damage (as in my case).
This seller is a scammer-de-luxe - fix the body, 'mickey mouse' the mechanical damage, sell fraudulently for goodly profit (as in my case).
And there this thread must rest for . . . . . . . . . .
Oh! I nearly forgot! The 5 cars have now shown up on Autotrader - salvage not mentioned - call for details - BY DEALER. Autotrader does require the dealer name, and there are 2 of them.
Blahblah Automobiles - I've heard of them before - but there is no such CA DMV licensed dealer, and
ABC XYZ Automobiles - no such CA DMV licensed dealer (you can check any CA dealer online at dmv.ca.gov) - although there is a wholesale-only licensed dealer by the name of ABCXYZ Automobiles (no space). What the seller's connection is here, if any, is not known at this time.
I do keep in touch with DMV.

[flyingron]

He can likely call his business what he wants. Depending on where you are he may have to register a fictitious name (commonly called a d/b/a) if it's really just him and not a corporation. The advertisement issues mean little. You knew when you bought it you were getting a salvage titled vehicle.
Him mot being a licensed dealer may get him in trouble with the state, but it means little in your civil suit. You realized you were getting a salvaged vehicle and you knew you were committing tax fraud. As I stated, you can assert that the sales price was in fact higher than you illicitly entered on the bill of sale, but I'm not even convinced that the amount you paid would be relevant anyhow. I don't see you getting even the BOS price back.