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California Vehicle Record of
Complaint Form
This section contains a link to a PDF file that a car buyer can
use to file a complaint with the State of California.
Problems with a Vehicle Purchase........ Can DMV Help Me?
Filing a Complaint with the Department of Motor Vehicles
You should know that DMV has limited resources to review and catalog
these complaints. Your information will be reviewed by Investigations
and Audits and/or Licensing Operations. Not all complaints are investigated.
Use the (Record of Complaint Form (INV 172A) to register a complaint
regarding a new or used vehicle dealer, a broker, dismantler, registration
service, vehicle verifier, driving school or traffic violator school.
Only written complaints, submitted on this form, are accepted.
DMV investigators conduct selective investigations of these licensees
and their activities, based upon the department's priorities, patterns
of misconduct and the availability of personnel. Your complaint
will be kept on file in case an investigation is undertaken against
this party or firm. If this occurs, you may be contacted.
You should know that, even if DMV conducts an investigation, this
can only result in criminal or administrative action against the
licensee, and may not result in any monetary judgment or award to
you or other victims. Your only recourse to recover a financial
loss, or to seek another remedy, is to consider filing a civil claim
against the licensee.
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Typical Complaints within the Department's Jurisdiction:
" Counterfeit/fraudulent/forged DMV Documents
" Odometer Fraud
" Dealer Did Not Transfer Registration to Buyer Within 60 Days
" Dealer Overcharged for DMV Fees
" Unlicensed Dealer, Dismantler, Registration Service, Driving
School, etc.
" Certain Fraudulent Misrepresentations
" Violations of the Motor Vehicle Sales Finance Act
" Violations of the Moscone Vehicle Leasing Act
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You Should Know:
" It is your responsibility to read and understand your vehicle
sales contract before signing it.
" The term "AS - IS" means exactly that. Inspect
a potential purchase carefully, or have it checked by a mechanic.
" Be aware there is no "cooling off" period on vehicles
purchased from a dealer unless you obtain a contract cancellation
option, which is available to you when buying specified used cars
from a licensed dealer.
" If you signed a contract and later decided you do not want
the vehicle, you may still have to make payments, as required by
the contract. You may wish to contact an attorney for assistance.
Failure to pay may damage your credit. Returning the vehicle to
the dealer does not cancel the contract or release you from the
agreement. The dealer may have the vehicle towed elsewhere and you
will be charged for towing and storage.
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DMV Cannot:
" Give legal advice or discuss a case prior to investigating
a complaint.
" Act as a go-between to settle contract terms for buyer or
dealer.
" Investigate complaints against private parties, unless the
complaint is for suspected odometer mileage fraud, counterfeit/fraudulent/forged
DMV documents, or they are acting as an unlicensed motor vehicle
business.
" Recover money or property for the consumer.
" Investigate most complaints about the condition of used cars.
"AS-IS" on a contract or Buyers Guide, displayed on the
used car window, means you will pay all repair costs after you sign
the contract, not the dealer. (Safety equipment problems are handled
by the California Highway Patrol.)
" Resolve disputes over money owed to or by another party.
" Force a dealer to take back a vehicle after a contract is
signed.
" Investigate verbal agreements or statements, made by the
dealer, about the vehicle.
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Alternatives:
You can seek remedy through the courts, which may award money or
order actions to help you reclaim property. To do this, you can
contact a private attorney or legal aid group. Legal aid agencies
may give free legal advice or represent people who cannot afford
private counsel. Legal aid groups are listed in the white pages
of the local telephone directory.
You may choose to file a case in Small Claims Court, where claims
are limited to $5,000. Some courts provide advisors to explain procedures
and prepare claims. Check for Small Claims Court in the County Government
pages of local telephone directories.
Many consumers feel it is worthwhile to contact their local Better
Business Bureau to register complaints regarding area businesses.
Also, many local television and radio stations offer free consumer
assistance through a special telephone number or address.
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Other DMV Resources:
Private party vehicle sales: problems with transfer and registration.
Contact nearest DMV Field Office. Check state government section
of local telephone directory for telephone number and location.
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Lemon Law information
Contact New Motor Vehicle Board. Call (916) 445-1888.
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Bond information for dealers gone out of business, how to file a
claim against a dealer bond.
Contact DMV Occupational Licensing Unit. Call (916) 229-3126, Monday
through Friday, between 8 a.m. and 5 p.m.
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To File a Record of Complaint:
Before filing a complaint with DMV, attempt to resolve the problem
with the other party or firm.
If your attempts are unsuccessful, and you wish to submit information
for our files, complete the enclosed Record
of Complaint Form (INV 172A) and attach photocopies of all documents
related to the complaint. Do not send original documents.
Refer to the back of the attached Record of Complaint Form for statewide
office locations. Send the complaint and photocopied documents to
the Investigations District Office closest to where the sale took
place or dealer is located. Remember that civil or small claims
actions are the means by which you may seek damages or reimbursement
of any loss you may have suffered. DMV cannot assist you in this
aspect of problem.
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See web site "Consumer
Information" for additional information that will assist
consumers who are planning to purchase or have purchased a vehicle.
For more info see: http://www.dmv.ca.gov/consumer/invest/inv172.htm
Disclaimer: while the editors of this website try to get all of
the information factually correct, there may be mistakes we have
either overlooked or the legal codes may have changed. See the official
government websites listed for up to date information and consult
with a California Lemon Law attorney to discuss specific options.
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