a california emissions car purchase workaround confusion...

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Oct 6, 2014
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So this is going to be a bit of a wierd one how things convoluted but i'll simplify it as much as possible. :)


Someone died in north dakota owning a car licence plated there (more than a year ago)

A relative in california has been trying to legally claim the car (this isnt being contested) but california wont even let her take ownership without the car being smogged/modified to cal emissions. She hasn't yet smogged or taken ownership of the car but it physically is present in a storage garage in california not running. (it needs a repair or two)

She's now talking about that she might want to take it and give it to me after she's fixed it. But this requires the absurdity of having to pay to smog modify a car for california which is going to minnesota.


One solution is I just try to legally claim the car if she can disclaim it (original owner deceased, no other claimants stepped forward in 1+ year) somehow to me but I was wondering if this is how (stupid) california laws work for something that isn't even meaning to be driven in or owned to stay in california. She might have to move the car out of it's california indoor storage (where it's not being driven, if there's some law about "if the car is IN california for blah blah 30 days" we'll just shove that under the rug because that's stupid) in 30-60 days from now and I don't know that I could take instant possession.


I guess i'm wondering unless anyone sees another way to untangle it (is this how california laws work or is there a loophole?) my best solution is probably have her pay to have it towed to a repair shop pretending it's just visiting from north dakota (even tho it's not), I take legal ownership, she leaves it parked on private property (there is private property parking available for the vehicle, it wont be on the street) until I can physically get it?

I mean people visit from other states all the time, how long can you "be in california" with a non CA vehicle before they act stupid? Will cops act stupid about out of state plates if it's there too long 'visiting' an apartment parking lot and how long is that? What about once it's on the street or if it's temporarily on the street driven on an errand once a week to keep battery charged and stuff?
 
Quote from California's DMV website.


"There are a few exemptions to the law. As a California resident, you may be able to register a 49-state vehicle if it was:

  • Obtained as part of a divorce, inheritance, or legal separation settlement."

Sounds like it just needs to be smog inspected as this would fall under a Inheritance?
 
I am assuming your relative has a title signed over to them or some sort of release/gift/transfer from an estate?

What about registering it in Maine? There's agencies that do this as Maine does not have a residency requirement.

Here's one: https://staabagency.com/

Maybe call them and discuss?

As far as having a ND plated vehicle in Cali -- if the car is just parked on property, I don't think anyone would really care at all to be honest. The vehicle stays last titled in North Dakota until someone bothers to do anything with it I would assume. Bonus points for indoor parking.. at that point, the car doesn't exist and "isn't" there.
 
Title it in South Dakota, then sign it over.

Custer county is very friendly.

Totally legit. Expats and others use this all the time.

Supposedly there’s something you can do with a Vermont title, but no need. Just call any SD county tax office to handle it.
 
As I understand it, the car is titled in North Dakota, and the only association with California is it is now there in possession of a Californian in a non-op status?
Meet the North Dakota or Minnesota (or South Dakota as JHRZ2 suggested) requirements to get the title in your name. Get a temporary permit to drive it to your home in Minnesota. Or trailer it.
California thinks it is entitled to property tax on it just because it has been parked in the state. Even if it's non-op. Best to not involve them at all. Trust me on this.
 
There should be a way to get a north dakota title with a california mailing address. I assume this is the state where probate was handled. This would give the CA intermediary something to sign over to the end user, you.

Maine will do a "title-only" without requiring the buyer to pay sales tax (potentially waived in your scenario) or go through any sort of inspection. Nor do we require a drivers license or proof of residency for titles. Registrations require a bunch of taxes.

What model year are we talking about?

The darkest option is to have the decedant "sign" the original title and bill of sale to the final owner on a date back when he was still alive, provided ND doesn't require notarization.

You should get clear, current plates on it before parking it out in the open. And honestly have a plan for picking it up within a week or two after it's been fixed up enough to travel.
 
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If the North Dakota license plate has current registration sticker, nobody will question it in California. If the registration is expired however, then it‘s a problem.

One can register a car in CA as non operational, but it cannot be driven, has to be towed. There is really no workaround the emissions if you want to register in CA.
 
I don't have a solution to your problem, but just want to say that the California regulations on emissions are loathsome. I was active duty military back in the 90s, and spent several years in Southern California. Even though I was a Texas resident the entire time, with my vehicle registered in Texas, the California government apparently browbeat the military into requiring smog tests for military members' cars before they could be registered on base. This was back in the day when you had a blue DoD sticker on your vehicle to get on base.

I had a 1985 Ford F150 with a carbureted straight six that could never pass the **** smog test. After spending a lot on repairs that got me nowhere, I finally found a shop that would take $50 under the table to get me a passing certificate. There are things I liked about California, but couldn't get out of that state fast enough.
 
So this is going to be a bit of a wierd one how things convoluted but i'll simplify it as much as possible. :)


Someone died in north dakota owning a car licence plated there (more than a year ago)

A relative in california has been trying to legally claim the car (this isnt being contested) but california wont even let her take ownership without the car being smogged/modified to cal emissions. She hasn't yet smogged or taken ownership of the car but it physically is present in a storage garage in california not running. (it needs a repair or two)

She's now talking about that she might want to take it and give it to me after she's fixed it. But this requires the absurdity of having to pay to smog modify a car for california which is going to minnesota.


One solution is I just try to legally claim the car if she can disclaim it (original owner deceased, no other claimants stepped forward in 1+ year) somehow to me but I was wondering if this is how (stupid) california laws work for something that isn't even meaning to be driven in or owned to stay in california. She might have to move the car out of it's california indoor storage (where it's not being driven, if there's some law about "if the car is IN california for blah blah 30 days" we'll just shove that under the rug because that's stupid) in 30-60 days from now and I don't know that I could take instant possession.


I guess i'm wondering unless anyone sees another way to untangle it (is this how california laws work or is there a loophole?) my best solution is probably have her pay to have it towed to a repair shop pretending it's just visiting from north dakota (even tho it's not), I take legal ownership, she leaves it parked on private property (there is private property parking available for the vehicle, it wont be on the street) until I can physically get it?

I mean people visit from other states all the time, how long can you "be in california" with a non CA vehicle before they act stupid? Will cops act stupid about out of state plates if it's there too long 'visiting' an apartment parking lot and how long is that? What about once it's on the street or if it's temporarily on the street driven on an errand once a week to keep battery charged and stuff?
Do you have a picture of the under hood emission label? What is the year, make, model and odometer reading?

Also is the check engine light on? If yes, what is the code?

Does the catalytic converter needs to be replaced?
 
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Why don't you just trailer it home? The car is either not registered in CA, or has a non-op.
If you wanna drive it home, just get the paperwork, register it at home and get a temporary registration.
 
Is the person who received the car really in need of it and the hoops it takes to get the vehicle?

Does it make sense to sell the car, and just sign it over to someone in North Dakota, and wash your hands of it?

If they need a car, they can buy one in california.
 
CA law must have changed in the last 20 or so years.

When I registered the Legend in CA back in '01 (car was originally purchased new and operated in Washington; Fed emissions), I just had it smog tested in CA (passed visual and sniff test), went to the DMV with the completed forms, a clerk came out and confirmed the VIN, emissions equipment, etc. and I got new plates and registration.

Who ever has possession of the vehicle in CA, they're going to have to register it in CA, they'll need the title signed over to them. Once this is done, they can do what ever they want with the car. IOW, there needs to be a clean ownership trail.

FIY, FWIW:

 
Who ever has possession of the vehicle in CA, they're going to have to register it in CA, they'll need the title signed over to them. Once this is done, they can do what ever they want with the car. IOW, there needs to be a clean ownership trail.
This is what OP is looking for a loophole to. For example the CA resident obtaining a new ND title in their name.
 
I still don't get the problem. Put it on a trailer and let 'er rip. Bypass CA reg and sales tax.
If you wanna drive it, have it registered under your name/state, get it driveable and drive it home.

There is no reason to register it in CA unless you wanna park on the street. Even then, with current reg from your state no one is gonna bother you.
Get the paperwork and go for it.
 
I still don't get the problem. Put it on a trailer and let 'er rip. Bypass CA reg and sales tax.
If you wanna drive it, have it registered under your name/state, get it driveable and drive it home.

There is no reason to register it in CA unless you wanna park on the street. Even then, with current reg from your state no one is gonna bother you.
 
You can't register it if it doesn't pass smog. He won't go into details and not responding.
I don't know what the smog laws are in Minn. If he wants the car, leave CA out of the process. CA reg adds no value.
The car can be registered in CA with a non-op, which is pretty common for garage queens.
 
The car can be registered in CA with a non-op, which is pretty common for garage queens.
You can only do that if you are the owner of the vehicle with current CA registration. Which he is trying to transfer it to his name and get registered in CA.
 
It sounds to me that if she puts it in her name in California that she's going to have to pay taxes for the car as if she had bought it. And then when you get it in a different state you'll have to pay taxes on it before you'll be able to get a plate on it too. So if you do it that way essentially whatever the taxes are in California will be wasted money.
 
You should probably look into getting a temporary plate from the state that you're in and be able to drive it from California to you for a few days that the temporary plate is good for.
 
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