California criminal defense California Injury Law Deadlines California Personal Injury Lawyers - Submit Case California Personal Injury - What To Do California Personal Injury Attorney - Contact Us

  Talk To A Legal Aid Online For FREE | Submit Your Case For FREE Evaluation |  

 

   CALIFORNIA VEHICLE CODE    

   :: SECTION 5750-5753

 

5750.  Upon transfer of the title or any interest of the legal owner
or owners in a vehicle registered under this code, the transferor
shall write his signature, and the transferee shall write his
signature and address, in the appropriate spaces provided on the
certificate of ownership issued for the vehicle.



5751.  Upon transfer of the title or interest of the registered
owner only in a vehicle registered under this code, the registered
owner shall write his signature and address and the transferee shall
write his signature and address in the appropriate spaces provided on
the certificate of ownership for the vehicle, and the legal owner
shall write his signature in the space provided for the new legal
owner indicating that he is to retain his legal title and interest.



5751.5.  (a) Upon transfer of the title or interest of the
registered owner of a motor vehicle that is subject to Part 5
(commencing with Section 43000) of Division 26 of the Health and
Safety Code, if no certificate of compliance or certificate of
noncompliance is submitted to the department pursuant to the
exemptions described in paragraph (1) of subdivision (d) of Section
4000.1, the transferor of that vehicle shall sign and deliver to the
transferee, upon completion of the transaction, the original copy of
a statement, under penalty of perjury, that he or she has not
modified the emissions system of the vehicle and does not have any
personal knowledge of anyone else modifying the system in a manner
that causes the emission system to fail to qualify for the issuance
of a certificate of compliance pursuant to Section 44015 of the
Health and Safety Code.  The transferor shall keep a duplicate copy
of the statement delivered to the transferee pursuant to this
section.  The department shall prescribe and make available to
transferors the necessary forms to comply with this subdivision.
   (b) Any form prescribed by the department pursuant to subdivision
(a) shall contain the following statement and a space for the
signatures of the transferor and transferee at the end of the
statement:
      "WARNING TO THE BUYER

   "A certificate of compliance was submitted to the Department of
Motor Vehicles in conjunction with an application for the renewal of
registration of this vehicle within the past 90 days.  However, at
present, you may be purchasing a vehicle that may not be in
compliance with specified emission standards.
   "By signing this statement, you acknowledge that the seller is not
required to provide you with an additional certificate of compliance
prior to the completion of this transaction.
   "You may have this vehicle tested at a licensed smog check station
prior to completion of this transaction to verify compliance.  If
the vehicle passes the test, you shall be responsible for the costs
of the test.  If the vehicle fails the test, the seller is obligated
to reimburse you the cost of having the vehicle tested and, without
expense to you, must have the vehicle repaired to comply with
specified emission standards prior to completion of this transaction.



  _______________________________   _______________________
          (Transferor)                     (Date)
  _______________________________   _______________________
          (Transferee)                     (Date)"


   (c) Any sale of a motor vehicle with regard to which the
transferor is found to have committed perjury, as described in
subdivision (a), may be rescinded by the transferee within 60 days of
the date that the transferee obtained knowledge of the perjury.  The
transferee shall be entitled to recover all consideration paid to
the transferor and any interest from the date of sale.  In addition,
the court may, upon motion, award reasonable attorney's fees to the
prevailing plaintiff.



5752.  (a) When the required certificate of ownership is lost,
stolen, damaged, or mutilated, the application for transfer may be
made upon a form provided by the department for a duplicate
certificate of ownership.  The transferor shall write his or her
signature and address in the appropriate spaces provided upon the
application and file the same together with the proper fees for
duplicate certificate of ownership and transfer.  The application
shall also include, if applicable, the notorized signature of the
lienholder.
   (b) An insurance company or its agent is exempt from the notarized
signature requirement of subdivision (a) and may apply, upon a form
provided by the department, for a duplicate certificate of ownership
and transfer of ownership to the insurance company, if all of the
following occur:
   (1) The insurance company or its agent obtains from the lienholder
a document to verify satisfaction of the lien.
   (2) The insurance company has paid a total loss claim for the
vehicle.
   (3) A lienholder is indicated on the department's records.
   (4) The certificate of ownership is lost, stolen, damaged, or
mutilated.



5753.  It is unlawful for any person to fail or neglect properly to
endorse, date, and deliver the certificate of ownership and, when
having possession, to deliver the registration card to a transferee
who is lawfully entitled to a transfer of registration.  Except when
the certificate of ownership is demanded in writing by a purchaser, a
vehicle dealer licensed under this code shall satisfy the delivery
requirement of this section by submitting appropriate documents and
fees to the department for transfer of registration in accordance
with Sections 5906 and 4456 of this code and rules and regulations
promulgated thereunder.


Copyright 2002-2018 Defend-Me.com All Rights Reserved Home | Site Map | Terms | Contact Us