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  1. #1
    Join Date
    Jan 2010
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    2

    Default Car Buyer's Rights Against Claims of Prior Owner

    My question involves a consumer law issue in the State of: CA
    Where can I find information regarding my rights as a consumer for the state of CA.
    I purchased a vehicle in CA and brought it the state state where I live. I paid cash to the dealer/auction company in CA who had the vehicle there on consignment. The person on the title was able to obtain it with some fraud involved. Originally the fraudulent title holder and his posse offered to take over the payments from the original owner and eventually sell the asset for the original owner. They, the “crooks” made the payments for quite some time till they obtained the title. They then sold the vehicle to me via a licensed dealer. I have a free and clear title in my possesion and the CA title was a real one, just not obtained completely on the up and up. The finance company is the first lien holder and is now possibly going to trying and recover the asset from me. I need to know what my rights are as a consumer under CA law. If this went to a judge in the state I live in, I am covered under a 3rd party purchaser in good faith law. Is there something similar in CA???
    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Car Buyer's Rights Against Claims of Prior Owner

    I suspect you're thinking of the UCC provisions protecting good faith purchasers, California Commercial Code, Sec. 2401-2403.

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Car Buyer's Rights Against Claims of Prior Owner

    Thanks Mr. Knowitall for your efforts here!
    I was not aware of this, so thanks for sending it my way. I am not sure I fully understand if I am covered or not based on the wording? If anyone has any opinion I would appreciate it. Also, it looks like the dealer is on the hook? The sale was represented as a consigned vehicle with a free and clear title. I don't think the dealer knew there was still a lien, but they said they checked the title and it was free and clear.
    See CALIFORNIA CODES VEHICLE CODE-SECTION 11700-11740
    Specifically 11709.4, 11711 & 11713.14.
    http://law.justia.com/california/codes/veh.html

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