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Attorney Rec for car related purchase issue

Discussion in 'Ferrari Discussion (not model specific)' started by henryr, Nov 19, 2012.

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  1. henryr

    henryr Two Time F1 World Champ
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    Juan Sánchez Villa-L
    #1 henryr, Nov 19, 2012
    i have a friend that purchased a car. has the title and the car but apparently the previous owner(s) tried to jump california title to avoid sales tax and he needs some legal help.....

    tks
     
  2. Napolis

    Napolis Three Time F1 World Champ
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    #2 Napolis, Nov 19, 2012
    John H.

    http://www.ghwlegal.com/
     
  3. SrfCity

    SrfCity F1 World Champ

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    #3 SrfCity, Nov 19, 2012
    Save the guy a bundle and just have him contact CA DMV investigations.(probably in the area the previous owner lived) They'll be glad to chase something like this down and it won't cost anything.
     
  4. finnerty

    finnerty F1 World Champ

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    #4 finnerty, Nov 19, 2012
    This. No doubt, they would be ALL OVER that for him !
     
  5. Perfusion

    Perfusion F1 Rookie

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    #5 Perfusion, Nov 19, 2012
    Can't help with a legal reco, but I'm curious about a term I've not heard before - "jump california title." What's it mean?
     
  6. henryr

    henryr Two Time F1 World Champ
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    #6 henryr, Nov 19, 2012

    previous owner bought the car (in CA) from another person (in CA). never transferred title to his name and then resold it.
     
  7. up4speed

    up4speed F1 Rookie
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    #7 up4speed, Nov 19, 2012
    That sounds like it's ok to me, because I thought that they collect sales tax only when it's registered?
    If the guy who bought the car first didn't register it, how and when would he pay tax on it?
    In NY the taxes are paid when you register it (if you buy used), is it different in CA? Or do I not understand what happened either?
     
  8. SrfCity

    SrfCity F1 World Champ

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    #8 SrfCity, Nov 19, 2012
    That's called an open title. Happens frequently especially with classic cars. Why's it such a big deal if they're trying to register in another State? All that should be necessary is a clean title, probably bill of sale etc.? If their State requires otherwise it should be sorted out with CA DMV. CA DMV could have the previous owner's name on file because a seller sends in a release of liability that would trigger a transfer of ownership. It's only if a car is driven that CA DMV can charge a "use tax." This should be sorted out with a title and registration outfit, possibly one in CA?
     
  9. henryr

    henryr Two Time F1 World Champ
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    #9 henryr, Nov 19, 2012
    i actually had a chance to see the title..... this car was bought by a well known CA dealer from an individual. the dealer signed as a buyer on the front - (isnt the dealer suppose to endorse on the rear dealer assignment section when buying ?) dealer later sold the car to an individual that never registered it....and then turned around and sold it about a year later.
     
  10. SrfCity

    SrfCity F1 World Champ

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    #10 SrfCity, Nov 19, 2012
    Contact the CA DMV or CA AAA if he's got it and see what they say? As long as it is a clean title the previous owner will be on the hook for taxes and penalties. CA is broke and will love sorting this out.

    What's the problem the guy can't register the car out of state because of an open title and bill of sale from someone else?
     
  11. henryr

    henryr Two Time F1 World Champ
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    #11 henryr, Nov 20, 2012
    yes on the later
     
  12. henryr

    henryr Two Time F1 World Champ
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    #12 henryr, Nov 20, 2012
    good news.....

    he just used ink to overwrite his name on the title....... took three visits to three diff DMV offices but the last took it......

    welcome to ATLANTA
     
  13. Perfusion

    Perfusion F1 Rookie

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    #13 Perfusion, Nov 20, 2012
    That's hysterical. I love it. My parents still live up in N. Fulton Co., and it's where I lived when I turned 16, so I know the DMV places there well...
     
  14. ChipG

    ChipG Formula 3

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    #14 ChipG, Nov 20, 2012
    It's also illegal for a dealer to sell a car and leave a title open, the dealer can lose his license for doing that.

    Both parties are in trouble, the dealer and the guy the dealer sold it to for tax evasion when he jumped title. (the whole purpose of jumping title is to avoid sales / property taxes)

    BIG NO NO
     

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