My brother (from Oregon) bought my old car (with expired...

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Question by Scared&Confused
Submitted on 8/17/2003
Related FAQ: FAQ: California Driving (and Surviving)
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My brother (from Oregon) bought my old car (with expired registration and insurance). He wanted to drive the car before I could have the tags renewed and title transferred. So, I had him sign Bill Of Sale (I wrote it myself) which stated that he would assume all responsibility for the car while I was in the process of transferring the title to his name. Soon after, he received 2 parking tickets (which I ended up paying because he would not) and 1 traffic violation (he was pulled over for expired tags and than the police could not find a Vin # on the car). He was issued a ticket and a date to appear in court - which he never showed up. Now there is a warrant out for his arrest!!! My brother e-mailed me and said that his attorney is trying to have the ticket transferred to my name, since I "took" his money and didn't hand him the title (which he encouraged me to do because he didn't want to wait to drive the car). He also said his attorney feels I am liable because the car was in my name at the time of the ticket. My questions are these: 1) Can a judge transfer a ticket to the owner of the car? 2) Can I get in trouble for allowing my brother to drive my car with expired tags? 3) Can I get in trouble for taking too long in transferring the title to my brother's name? 4) Should I get an attorney to represent me? 5) If so, can anyone recommend an attorney in the Los Angeles area? I have looked everywhere for CA law and can't find answers to where I stand on this. I am beyond terrified and I'd truly appreciate any advice or answers to my questions. Thank you very much...

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<< Back to: FAQ: California Driving (and Surviving)

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Answer by JanusNY
Submitted on 10/11/2003
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What is going on in CA? In NY if you do not transfer title, you can not sell the car. The bill of sale is only for tax purposes, not to transfer ownership. It looks like your brother gave you money and you still own the car, therefore you are responsible for it. First thing you should do before giving car away is to remove tags and surrender the plates to DMV. Your brother is responsible for moving violation, as he is not supposed to drive this vehicle under any circumstances. Streighten it up asap.

Answer by chiefump
Submitted on 10/20/2003
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you are responsible to have made sure it was legal before you gave it to him kick his butt if possible cause you will either pay the fines or go to jail for unpaid parking tickets the moving violation is his but expired registration is yours your mistake could put you in jail if you dont go to the judge or call for a good attorney but it will cost you for that mistake learn from it

Answer by kalito
Submitted on 11/14/2003
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with brothers like him you never need an enemy.

Answer by pandanut
Submitted on 1/20/2006
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make him pay it

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