Dealer and DMV claiming other party at fault for no reg for new bike

[Jackson]

I bought a new bike in January and I still have not received the title, or the registration for the bike. I spoke with the DMV, and they said they had sent paperwork to the dealer and they're waiting to get that paperwork back. I spoke to the dealer and they said they already sent the paperwork in.

Meanwhile the temp that I got in January says it expires after 90 days. The DMV says the dealer can send me another new temp, the dealer says he doesn't have to and if I get pulled over the LEO will be able to see that reg status, OR here's the best part have the officer call him :rofl :wtf

Does any of this make any sense/sound legit?

 

[Dmitriy]

http://www.bayarearidersforum.com/mini/showpost.php?p=9005868&postcount=3

 

[Jackson]

Don't know if you remember me, you borrowed my coffee cup at Stonyford 5

Thanks for the link, what's my recourse?

If you pulled someone over with this story, would you be obligated/supposed to cite them for operating an unregistered motor vehicle?

 

[packnrat]

lawyer up and sue the dealer.
sad can not sue the dmv.

both sides are doing the incompetence on you.



.

 

[antidote]

Don't know if you remember me, you borrowed my coffee cup at Stonyford 5

Thanks for the link, what's my recourse?

If you pulled someone over with this story, would you be obligated/supposed to cite them for operating an unregistered motor vehicle?

Dude, at this point, you basically have a stolen vehicle hahaha.....as the rat said, a lawyer could probably draft something on letterhead that will encourage dealer to work with you.

 

[motomania2007]

1) did you finance the car?

2) if financed, get whatever finance company involved because they have leverage with the dealer and their collateral interest in the car is threatened.

3) if you did not finance the car and you paid cash, then tell the dealer you need the title in hand or you are suing to nullify the transaction due to his breach of the sale contract as one of his duties in the contract is to deliver title of the car and he has not performed that duty. Tell him you will return the car and demand 100% of your money back. Give him 5 busness days to perform and failure to perform by that date, you will sue.

 

[Shaggy]

Don't know if you remember me, you borrowed my coffee cup at Stonyford 5

Thanks for the link, what's my recourse?

If you pulled someone over with this story, would you be obligated/supposed to cite them for operating an unregistered motor vehicle?

This is a civil matter between you and the dealer, but legally there is no requirement for an officer to issue a citation.

 

[NorCalBusa]

Which dealer?

 

[auditude]

The vc section is 5753 and is a misdemeanor. I'm on the dumbphone so can't link it right now. Basically, it's the dealer's failure to transfer in a timely manner.

You can fill out an investigative complaint form: INV172A (Google is your friend) and the local DMV investigation unit will be assigned to follow up with the dealer.

They have local investigation offices staffed with sworn officers throughout the bay; just find one close to you or the dealer where you purchased.

Pm if you need more info but google that form, fill it out and either mail or bring it in ASAP.

Though your report of sale may be expired, that's not usually the reason for getting pulled over. It's usually for driving/riding like a jackhole or other redflags and the expired reg/paper plate/misc. equipment violation is just our PC for the stop.

 

[Jackson]

The vc section is 5753 and is a misdemeanor. I'm on the dumbphone so can't link it right now. Basically, it's the dealer's failure to transfer in a timely manner.

You can fill out an investigative complaint form: INV172A (Google is your friend) and the local DMV investigation unit will be assigned to follow up with the dealer.

They have local investigation offices staffed with sworn officers throughout the bay; just find one close to you or the dealer where you purchased.

Pm if you need more info but google that form, fill it out and either mail or bring it in ASAP.

Though your report of sale may be expired, that's not usually the reason for getting pulled over. It's usually for driving/riding like a jackhole or other redflags and the expired reg/paper plate/misc. equipment violation is just our PC for the stop.

No license plates, this is on a motorcycle btw.

 

[auditude]

No license plates, this is on a motorcycle btw.

Makes no difference. The dealer/seller is still required by law. Both sections vc5753 and 4453 MANDATE the dealer.

Either way, you can choose to file or not. You asked for help...this is one of the few times where there is an enforceable misdemeanor violation IN ADDITION to any civil action you choose to pursue.

What's that saying? "You can lead a horse to water but you can't teach him to fish..."

 

[LC996]

Document, Document, Document

Be sure to document all of the actions you have taken. Dates, Times, people you spoke with, etc. Also, sending a letter to the dealer outlining the actions you've taken and the demands you have. It's good to visit and talk, but if you do wind up going to court or having to prove to DMV or an officer then you'll have documented proof of the actions you've taken. A letter from a lawyer is good but unless you have an attorney friend then you'll pay for it. Plus, it's not needed. A letter from you will carry the same weight as documentation. You can send it certified which requires a signature from the recipient. This means the dealer can't say they didn't receive it. Just my $.02. Good luck!

 

[Jackson]

Makes no difference. The dealer/seller is still required by law. Both sections vc5753 and 4453 MANDATE the dealer.

Either way, you can choose to file or not. You asked for help...this is one of the few times where there is an enforceable misdemeanor violation IN ADDITION to any civil action you choose to pursue.

What's that saying? "You can lead a horse to water but you can't teach him to fish..."

Getting a little ahead of yourself there big guy.


Thanks everyone, I've filled out the form, I will give the dealer til the end of this week, he said again it is en route. And if nothing by friday I will file the complaint with DMV.

 

[Cincinnatus]

Fill out the form and keep a copy with you/on the bike with the business card of the owner of the dealership. :thumbup

 

[Shaggy]

The vc section is 5753 and is a misdemeanor. I'm on the dumbphone so can't link it right now. Basically, it's the dealer's failure to transfer in a timely manner.

You can fill out an investigative complaint form: INV172A (Google is your friend) and the local DMV investigation unit will be assigned to follow up with the dealer.

They have local investigation offices staffed with sworn officers throughout the bay; just find one close to you or the dealer where you purchased.

Pm if you need more info but google that form, fill it out and either mail or bring it in ASAP.

Though your report of sale may be expired, that's not usually the reason for getting pulled over. It's usually for driving/riding like a jackhole or other redflags and the expired reg/paper plate/misc. equipment violation is just our PC for the stop.

Bravo! I had no idea about that section.