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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113441
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ive owned my BMW for 5 years and live in Arizona. I went to

Customer Question

I've owned my BMW for 5 years and live in Arizona. I went to sell it, and found out through a Autocheck history report that it was branded a Lemon in California. It has a clean Arizona title with no mention of it being a lemon. I feel obviously frustrated that the Pre-Purchase-Inspection before I bought the vehicle did not include a basic VIN check for a history report. I obviously don't want to lose money by selling it for less than I already priced it at, but perspective buyers will certainly be scared off by this. What can I do?
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - If you bought the car in CA the statute of limitations is 4 years so you would be beyond the time to sue. If you bought the car in AZ the SOL is 6 years so you could sue the dealer for misrepresentation. It appears from your facts that the deal was consummated in CA and if that is the case you are beyond the CA statute of limitations for written contracts. Based on all these facts it would be a difficult case to win even without the SOL problem since obtain evidence that the seller know of all of this at the time of the sale may be a problem. Also, from a practical standpoint,the attorney fees for the suit may be more than the loss of value in the car and there's never any guarantee of success in a lawsuit.
Customer: replied 5 years ago.
No the issue is I bought the card 3rd party from an individual as a used vehicle- a clean Arizona title.

What my question really is, is it legal for in this case:

DESERT SOUTHWEST REGION AUTO AUCTION

To change the California LEMON title to a clean Arizona title?

I had no idea it was branded a lemon in California until 2 days ago. I've owned the vehicle for 5 years with no problems.

I hope this clears it up.
Expert:  Law Educator, Esq. replied 5 years ago.
Under CA lemon law 1793.24, the title is to be "permanently branded," which means you cannot get the brand on the title removed without a court order in CA. This means that in order to get the brand on the title removed you have to file a suit for declaratory judgment in the CA court against the DMV and present evidence as to why the title should be cleared.


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