Her husband sold a car a couple of months ago in California. The buyer came to their house, paid $580, and left with the title and the keys. About 30 minutes later he came back and asked for $200 back because of a family situation. They agreed, and in exchange he returned the keys and the title, saying he’d come back in a couple of days to pick up the car. That was two months ago. They haven’t heard from him since.
They’ve tried calling the phone number associated with the address he listed on the Notice of Transfer and Release of Liability that her husband submitted to the DMV. They’re planning to send a certified letter to that address. They’ve tried reaching him through other channels, including people who may have used his services, without any luck. The car is sitting in their driveway and they want to do something with it, either sell it to someone else or send it to a junkyard. If the buyer ever comes back they’re willing to return the $380 he has coming to him.
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The title situation is the central problem
The legal ability to sell or dispose of a vehicle in California depends entirely on having clear title. When the buyer returned the title as a placeholder two months ago, the ownership situation became complicated. Her husband had already submitted the Notice of Transfer and Release of Liability to the DMV when the original sale happened, which was the right thing to do, but that filing reflects a transfer of ownership that the return of the title muddies considerably.
Before they can legally sell or junk the car, they need to understand whose name the title is currently in and whether the DMV’s records reflect the original transfer or the current situation. If the title came back to them signed over by the buyer, they may already have what they need to retitle the vehicle in their name. If it came back unsigned or in a form that doesn’t clearly establish their ownership, the path to doing anything with the car runs through the DMV and potentially through the courts.
Contacting the DMV directly is the immediate next step
They should go to a California DMV office in person and explain the situation, bringing the title, the Notice of Transfer documentation, and any records of their attempts to contact the buyer. The DMV can tell them exactly what their records show about the vehicle’s ownership status and what steps are available to clear title and regain the legal ability to transfer or dispose of it.
California has processes for dealing with abandoned vehicles and situations where title is unclear, and a DMV representative can point them toward the right avenue based on the specific paperwork they have in hand. This is a fact-specific question that the DMV is better positioned to answer than any general guidance, because the answer depends on exactly how the title was signed, what the Notice of Transfer shows, and what the DMV’s records currently reflect.
The abandoned vehicle process as a potential path
If the vehicle meets the criteria for an abandoned vehicle under California law, there are formal processes for establishing ownership and eventually titling it in their name or authorizing its disposal. These processes typically involve documented attempts to contact the owner, a waiting period, and filings with the appropriate agencies. The two months of failed contact and the certified letter they’re planning to send are the kind of documentation these processes require.
An attorney who handles vehicle title issues or a California-licensed vehicle title service can also walk them through the options and handle the paperwork, which may be faster than navigating the process independently if the DMV route doesn’t produce a clear path forward.
Protecting themselves if the buyer eventually returns
Whatever they decide to do with the car, they should document everything in writing from this point forward. Every call attempt, the certified letter and its tracking information, and any responses they receive should be kept together. If the buyer returns after they’ve already disposed of the vehicle, having a clear record that they made reasonable and documented efforts to reach him supports their position and establishes that they acted in good faith rather than simply selling or junking a car that had a pending buyer.
The $380 they’re willing to return should also be set aside somewhere they can access it quickly if needed, since being prepared to return it immediately if he surfaces strengthens their position in any dispute about how the situation was handled.
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