Results 1 to 7 of 7
  1. #1
    Join Date
    May 2011
    Posts
    4

    Default Can Small Claims Court Rule to Reverse a Private Party Sale

    My question involves a consumer law issue in the State of: California
    Hello. I purchased a used vehicle based on wording in an ad and what was told to me when I met seller. Cash. Next day found out multiple lies were told about ownership status and condition of vehicle. Seller has told me to pound sand. I puchased based on these lies. I want to reverse the deal, give back car, get my money back. Can I do this in small claims, or must I keep the car and ask for $$ only?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Small Claims Court Rule to Reverse a Private Party Sale

    from what I have found, Cal SCC allows for injunctive relief.

    based on what you have stated, you have not shown where you would have a right to demand the rescission of the sale with the possible exception of the ownership issue. That is pretty simple though; if the seller did not have the authority to sell the vehicle to you, there is no option but to rescind the deal. If he had authority to sell it to you, it's yours.

  3. #3
    Join Date
    May 2011
    Posts
    4

    Default Re: Can Small Claims Court Rule to Reverse a Private Party Sale

    "if the seller did not have the authority to sell the vehicle to you"

    Seller stated he was doing registered/titled owner a favor by selling car for him as a favor. After transaction details were realized the Registered titled/owner stated to me the Seller bought car from him days earlier. Looks like Seller wanted to dodge transfer fees?

    add: What defines "authority to sell" in this case?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Small Claims Court Rule to Reverse a Private Party Sale

    Seller stated he was doing registered/titled owner a favor by selling car for him as a favor. After transaction details were realized the Registered titled/owner stated to me the Seller bought car from him days earlier. Looks like Seller wanted to dodge transfer fees?
    Huh?

    It sounds like the guy you bought it from was trying to do a pass through sale which is illegal unless you are a dealer. If the guy you bought it from had actually purchased the car from the titled owner, he must register it in his name first. If he was acting as the agent of the titled owner, then the paperwork would have to reflect that.

    whatever contract, receipt, whatever you have to memorialize this sale; whose name is listed as seller; the guy you got the car from or the guy whose name is on the title?

  5. #5
    Join Date
    May 2011
    Posts
    4

    Default Re: Can Small Claims Court Rule to Reverse a Private Party Sale

    I think Sellers intent was to have records show he was not in the loop. I can PM more detail if you like, I'd rather not get too specific to the world at this stage. Either way, Thanks for the feedback.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Small Claims Court Rule to Reverse a Private Party Sale

    I don't do behind the scenes advice.

    basically, what do you have that shows who you bought the car from? I believe California has some big fancy official sales document they at least suggest, if not outright require to be used. Was any such contract used?

    did the titled owner fill one of these out (as required by law to be filed within 5 days of the sale)?

    http://dmv.ca.gov/online/nrl/welcome.htm

    basically, with this statement:

    After transaction details were realized the Registered titled/owner stated to me the Seller bought car from him days earlier.
    the person you bought the car from did not have the authority to sell it to you, at least in the manner as he did.

  7. #7
    Join Date
    May 2011
    Posts
    4

    Default Re: Can Small Claims Court Rule to Reverse a Private Party Sale

    Talked to a SCC advisor. Sounds like the answer to my initial question is yes as jk indicated. Will be filing against Seller and Owner. Any further input/tips on CA SCC appreciated.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Think Small Claims Judge Used Wrong Date to Calculate the 21 Day Rule
    By janketch in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 07-28-2010, 05:37 PM
  2. Transfer Out of Small Claims and Adding a Party
    By azgeek in forum Civil Procedure
    Replies: 4
    Last Post: 04-07-2009, 04:48 PM
  3. Online Services: Private Party Sale
    By fireman514 in forum Consumer Law
    Replies: 3
    Last Post: 09-16-2008, 04:09 PM
  4. Sales Agreements: Car Broke Down After Private Party Car Sale
    By gurlinmichigan in forum Cars and Dealerships
    Replies: 7
    Last Post: 04-27-2008, 11:30 AM
  5. Going To Small Claims Court Over A Private Property Collision
    By woodmasterfox in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-09-2008, 05:42 PM
 
 
Sponsored Links

Legal Help, Information and Resources