It appears that when selling a car out of state, a lawyer should be consulted. Obviously, the laws in AZ and CA are different. I'm not a lawyer but the last car that I sold (an MG) to a buyer in NM went smoothly. The buyer came with some sort of temporary plates (I don't know how he got them) and I kept my plates to put on a future car (the Fiat). In retrospect, that buyer must have really done his homework!
Jon didn't deserve these problems. I'm certain that he complied with all the rules and regulations that he knew about. It shouldn't be this difficult to transfer ownership. I can't immagine why some effort to locate the owner wasn't made before towing.
I hope that Jon comes out of this situation unharmed and that he enjoys his purchase. I wish him well. "Fair winds and following seas", Jon.
Fiat Spider Sold
- spidernut
- Posts: 1906
- Joined: Wed Jan 25, 2006 12:20 am
- Your car is a: 1979 Fiat Spider Automatic
- Location: Lincoln, CA
Mark is, once again, quite right. Vehicle registration and deregistration, plate requirements, temporary tags, etc., are all handled under state laws, not Federal laws. As a result, rules are different in every state.
I've experienced the same issue with clients who had purchased cars from states in which the plates are retained by the prior owner, then tried to drive the car in California. I consulted the attorneys on the military base where I was stationed, and they said that any car without plates and without temporary tags from California cannot be legally operated on the road. I'm sure they didn't consider the "stolen plate" scenario.
California is quite strict on the issue. They'll even ticket a car with expired plates when it is in your own driveway. California even requires a "non-ops" tag on cars that are stored.
Regarding the damage to the car. I'd recommend calling the tow truck company owner and discuss the issue with him/her first. If you can't come to a fair resolution, I'd recommend sending a request for repairs in writing (certified mail, return receipt). If that doesn't work, file a complaint with the California Bureau of Automotive Repair and Better Business Bureau. If there is no resolution at that point, consider a small claims court suit. Dollars to donuts you'd win it. They had posession of your vehicle, they caused the damage, they didn't fix the damage. If the liability transfers to the California Highway Patrol, I'm sure there is recourse there as well.
John R. (Formula One) can certainly give you advice from the perspective of a tow truck owner. He'd be "the man" in the know.
I've experienced the same issue with clients who had purchased cars from states in which the plates are retained by the prior owner, then tried to drive the car in California. I consulted the attorneys on the military base where I was stationed, and they said that any car without plates and without temporary tags from California cannot be legally operated on the road. I'm sure they didn't consider the "stolen plate" scenario.
California is quite strict on the issue. They'll even ticket a car with expired plates when it is in your own driveway. California even requires a "non-ops" tag on cars that are stored.
Regarding the damage to the car. I'd recommend calling the tow truck company owner and discuss the issue with him/her first. If you can't come to a fair resolution, I'd recommend sending a request for repairs in writing (certified mail, return receipt). If that doesn't work, file a complaint with the California Bureau of Automotive Repair and Better Business Bureau. If there is no resolution at that point, consider a small claims court suit. Dollars to donuts you'd win it. They had posession of your vehicle, they caused the damage, they didn't fix the damage. If the liability transfers to the California Highway Patrol, I'm sure there is recourse there as well.
John R. (Formula One) can certainly give you advice from the perspective of a tow truck owner. He'd be "the man" in the know.
John G.
1979 Spider (Owned since 2000)
1971 124 Sport Spider (Owned since 2017)
1977 Spider (Sold 2017)
1979 Spider (Disposed of in 2017)
1979 Spider (Sold 2015)
1980 Spider (Sold in 2013)
1981 Spider (Sold in 1985)
2017 Spider (Owned since 2019)
1979 Spider (Owned since 2000)
1971 124 Sport Spider (Owned since 2017)
1977 Spider (Sold 2017)
1979 Spider (Disposed of in 2017)
1979 Spider (Sold 2015)
1980 Spider (Sold in 2013)
1981 Spider (Sold in 1985)
2017 Spider (Owned since 2019)