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  1. #1
    Join Date
    Sep 2016
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    3

    Default Buying a Car from a Seller Who is Not the Owner

    My question involves vehicle registration or title in the state of: California

    I am new in the States. located in Palo Alto. Have been looking for used cars from private parties. purpose was to look for a safe car that does not have too many previous owner. does not want cars from auctions or rental.

    for some reasons, every single car i have looked at, the seller is not owner, ie seller's name is not on the title.

    I have always been told the seller must prove the ownership, and it is also suggested by DMV.

    Is it common practice in CA that seller is not the owner, if it is the case, what is the proper procedure to make sure it is a safe purchase?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Buying a Car from a Seller Who is Not the Owner

    Is illegally curbstoning cars relatively common? Not as common as your post suggests, but yes, people do it.

    But you should buy your car from the actual owner, and save yourself a lot of potential problems.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Buying a Car from a Seller Who is Not the Owner

    Quote Quoting flaviash
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    what is the proper procedure to make sure it is a safe purchase?
    If the seller is not the owner on the title and you agree to buy the car say: "Please bring this person here so he can identify himself and sign a bill of sale."

    If the answer is anything but "Yes" turn around and walk away.

    If you want to save yourself a wasted trip, ask the seller on the phone "Are you the owner on the title?" If not, ask that the owner be present when you go see the car. If you get some story (there's always a story) just say not interested and move on to the next ad.

    Plenty of cars in CA owned and being sold legitimately.

    If you do want to buy the car, do not believe anything the seller tells you about it. Have it thoroughly checked out by a mechanic before you hand over the money.

    Carefully study the CA smog requirements (google it) and make sure they've been complied with.

    Always check the price guides before negotiating:

    Kelley Blue Book
    NADA
    Edmunds

    They all have websites.

  4. #4
    Join Date
    Sep 2016
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    3

    Default Re: Buying a Car from a Seller Who is Not the Owner

    assume car runs ok, mechanic is ok, now the seller (not owner) says he could go to DMV to do the title transfer with us, does that make it ok?

    i have looked at about 10+ cars now. not one seller is the owner. it makes me very frustrated.

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: Buying a Car from a Seller Who is Not the Owner

    Quote Quoting flaviash
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    assume car runs ok, mechanic is ok, now the seller (not owner) says he could go to DMV to do the title transfer with us, does that make it ok?
    It's OK if the DMV accepts it and transfers the title to you.

    Just make sure you don't pay him anything until that happens. Tell him you'll hand him the money at the DMV upon successful transfer of the title and see what he says about that.

    If he's OK with that make damned sure you have insurance arranged on the car effective that day because the minute that title is transferred to you, it's your car and you are responsible for anything that happens to it (or anybody) from that minute forward.

    If you end up in an uninsured accident, you're screwed.

  6. #6
    Join Date
    Dec 2015
    Posts
    272

    Default Re: Buying a Car from a Seller Who is Not the Owner

    I don't see how a seller (a broker for all intents and purposes) can sell a car on behalf of a seller who is not present. Unless that broker is legally acting as the agent for the owner, the titles car owner (not necessarily the seller) has to transfer the title.

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Buying a Car from a Seller Who is Not the Owner

    Quote Quoting KBoy420
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    I don't see how a seller (a broker for all intents and purposes) can sell a car on behalf of a seller who is not present. Unless that broker is legally acting as the agent for the owner, the titles car owner (not necessarily the seller) has to transfer the title.
    Not legal, but it happens all the time.

    In most states where the DMV doesn't require a bill of sale, all the buyer has to do is take the signed title to the DMV, keep his mouth shut and hope that a past owner hasn't filed a notice of sale to somebody else.

    The buyer, of course, takes the risk that the DMV sends him back to the seller or the previous seller for more paperwork, but good luck getting that from anybody who has already got the money.

    In our OP's case if he takes the seller to the DMV, hands over the title and they both keep their mouths shut, it's probably going to go through. But if he points to the guy and says "He sold me the car but he's not the owner on the title" the DMV is likely to require the current seller to first title the car in his own name and then retitle it to the buyer.

    Some states (I don't know how many, but mine does) have largely eliminated title jumping by requiring the seller to remove and retain his license plates at time of sale. That compels the buyer to get a temporary tag (just to get it out of the driveway) and puts him on record with the DMV so he has no choice but to transfer title to himself in order to drive the vehicle.

  8. #8
    Join Date
    Sep 2016
    Posts
    3

    Default Re: Buying a Car from a Seller Who is Not the Owner

    If the title transfer is a success, does that mean the buyer is safe? I am at the DMV now still debating to get this car or not. :/

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