This question probably should go in another section, but I figured by posting it here I had a better chance of getting some feedback. Here's the deal.

I want to buy a car from a guy in California. His Cali title has not been transferred into his name b/c he can't get it smogged.

I have a copy of the Cali title. When you look at the title, on the first page it is in name of what I'm going to call Owner #1. On the second page Owner #1 has signed the title.

Owner #2....the guy that wants to sell me the car....has filled out his section on page number two and signed it.

So technically, all the paperwork has been taken care of.

But California won't issue the Owner #2 a new title. Without a new title being issued to Owner #2, I can't get the title transferred to me. And as previously noted, Owner #2 can't get a new title b/c he can't get the car smogged. A real Catch 22 huh?

Does California have some type of a waiver they would issue for a new title if the car is going to be sold out of state?

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'89 260e (212K Mi.), '92 400e (208K Mi.), '92 400e (not a misprint) (146K Mi.), '95 C220, '81 240D--Sold

Yes, the vehicle has to be registered as non operative, then you can transfer the title. What owner #2 did was stupid and technically illegal. Depending on how long ago owner #1 sold it to #2 there may also be some back fees associated. Best option is call the California DMV and talk to them. They are surprisingly competent and helpful.

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CENSORED due to not family friendly words

PS:

This is probably not so much of a Catch 22 as it first appears to be. CA titles can be issued that place the vehicle in a condition known as Planned Non-Operation (PNO). Although the title is transferred to a new owner (#2), a new registration is not created.
Often what stands in the way of a title transfer is an accumulation of unpaid, past-due fees and penalties that are quite expensive.
A direct inquiry to the Cal. DMV would be necessary to answer the wavier question.

To begin with, he is full of crap. I bought my 250 from my neighbor (clean title) and went to the DMV to put it in non-op (without a smog, obviously).

This butt head (sorry, but he really is) can do the exact same thing... but since he didn't do it within the time period (I think it's 10 days) he will owe a penalty.

That is the only way to get a clear title... if you can, both of you should visit the DMV together, they might be able to fix it.

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One day the greater consciousness of humanity will ask of itself... "How many Einsteins and savants did we destroy to satisfy the wants of women in their lawful genocide upon the unborn?"

If you know the license plate and last 5 digits of the VIN you can check here for how much in registration fees is past due - https://www.dmv.ca.gov/wasapp/FeeCalculatorWeb/renewalForm.do

There’s an option to do a transfer without title but you’ll need the owner of record for that.

If you’re taking it out of state, it’s a matter of what documentation that state’s DMV will need. Maybe a notarized bill of sale is sufficient.

Sixto
98 E320 wagon
02 C320 wagon

Bingo. Thanks guys. I knew the collective wisdom of the forum would help me figure this out. I will report back. Thanks again!!

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'89 260e (212K Mi.), '92 400e (208K Mi.), '92 400e (not a misprint) (146K Mi.), '95 C220, '81 240D--Sold

I bought a trailer about 35 years ago. Was for a smallish trencher. It was resold (the trencher) to 3 or 4 contractors, all they wanted was the trencher, they got the trailer for free. I bought the trailer for my Kubota tractor. I got the original title (pink slip) (signed) from the dude who bought the trencher/trailer new, with a bunch of bills of sale both written & printed & signed by each. DMV said I had to send registered letters to ALL these people, (this goes back more than 10 years prior to me), & wait 90 days for responces from EVERYONE. I then went to another DMV office & told 'em I bought the trailer the guy who's name was on the pink slip, paid the fee's, & went home satisfied.

If you have a title, signed, s***w the second guy.

Tell the DMV you are buying from the title holder, , , , ,

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"I applaud your elaborate system of denial"