by RodStRace Wed Jan 29, 2014 8:04 pm
In cali, they have issued titles for a LONG time. The vehicle should have a title in the seller's name. Often there are issues (lost, sold on to new owners without transfer, or the big worry, stolen) that keep the seller from providing one.
Being "out of the system" usually means that it has not been registered for at least 5 years. If this was done by changing it to a "Non-Op" before the registration was due (unlikely if they also lost the title), there are no back fees. Cali can waive back fees if the owner brings in all legit paperwork, signs a "Statement Of Facts" that the vehicle was stored on private property and not operated for the length of time since the registration expired, OR they can hit the owner with all back fees PLUS late fees totaling hundreds to thousands of dollars. It's really a coin toss and depends on what paper you have, what's on record (sure isn't going to fly if there are tickets on the van during the time in question) and the attitude of the clerk.
If any inquiries are made at DMV about the title or registration, it can restart the clock and trigger the start of the penalties. This often happens when you show up with incomplete paperwork, so it's important to get everything straight first before setting foot inside! There are many cars that change hands without a title, but they are all outside the system.
You can:
require the seller to go through the process to get a legit title in their name (which by law they should do).
Request a substantial drop in price since they are unwilling to provide the required title and you are assuming ALL the risk.
Have the license and vehicle number run through a cali law enforcement check to at least provide a measure of protection against you buying stolen property, then have a cali resident go through the process of 'buying' the van for you, going thru the process of getting a legit clear title, then 'selling the van to you. You can then transfer the title to a NY title in your name. If you are a NY resident only, you can't do the process in cali yourself, then transfer.
Here's the web page for you. They don't really have a page for "buying a car without a title" because that is NOT how it's supposed to work. There are ways to do it though, but it depends on what you can supply as a paper trail of ownership and what they have on record for the individual van.
http://dmv.ca.gov/pubs/brochures/fast_facts/ffvr32.htmStatement of facts page
http://apps.dmv.ca.gov/forms/reg/reg256.htm