Can I hire a tow truck to retrieve a car that I legally owned but not in my possession?

[firebirdta84]

Jurisdiction

California

Two years ago, I purchased a vehicle in California from a private seller on Ebay. This vehicle is non-functional and had no title (and hasn't had a title for 30 years). It was sold as is with no paperwork. Payment was made immediately. However, when I went to pick up the car, the owner said that he wanted to get a title for it before transferring it to me. So, I waited and waited while he said that he did the necessary paperwork with the California DMV. Weeks turned into months and months into years. He still tells me that he is working on it, and the car is still sitting in his driveway at his private residence in California, but nothing further has happened. So, I went ahead and did the paperwork on my own and now have an Iowa title (where I live) in my name for the car, but he is still sitting on the car and won't release it. At this point, now that the car is legally owned by me, can I hire a flatbed truck to go and retrieve the car, or is that against the law?

 

[adjusterjack]

You've already made dumb moves when you bought the car that way. Don't make it worse by attempting to take from the owner's driveway. At least, not without consulting an attorney.

I can foresee problems.

The transport service is going to want its money up front. What happens when they go pick up the car and the seller refuses to let them on to the property? You think you'll get a refund? Think again.

A better option is to sue the seller for your money back. You'll have to sue in CA and that's going to cost you. But maybe, once he is served, he'd be more inclined to allow you to pick up the car.

 

[Michael Wechsler]

Before suing the seller, you may wish to send written notice via a certifiable method of delivery. In that notice you can state your demands of what you want along with the possibility of needing to resort to legal measures if you cannot obtain what you believe is rightfully yours. You may wish to provide a specific amount of time to resolve the matter, e.g. arrange for pick up within two weeks from the date of the letter.

As @adjusterjack points out, the vehicle is on the private property of the seller. If it was on the street that would be public property. You don't want to have a problem and certainly the towing / transport company doesn't want one either. As suggested, you may also wish to first consult an attorney before taking any further action, which is probably the safest of all measures.