Only a dealer, a person described in Section 286, or the registered owner of record shall sell or offer for sale a vehicle of a type required to be registered pursuant to Division 3 (commencing with Section 4000) or identified pursuant to Division 16.5 (commencing with Section 38000), except as provided in Section 12121.
Chapter 10Sales of Vehicles by Private Owners
Section § 12120
This law states that only certain people are allowed to sell or offer for sale a vehicle that needs to be registered. These people include dealers, individuals mentioned in a specific section of the law, or the registered owner of the vehicle. There are exceptions mentioned in another section of the law.
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Section § 12121
This section clarifies who is not restricted by Section 12120 regarding vehicle sales. Licensed car dealers and their agents can sell cars without being affected by Section 12120. Others exempt from restrictions include family members of the vehicle's owner, court-appointed officials managing an estate, trustees, public officials, attorneys representing the vehicle owner, business representatives, the legal vehicle owner, individuals with written permission from the owner (without financial benefit), and insurance companies selling salvaged or recovered stolen vehicles.
(a)CA Vehicle Code § 12121(a) Section 12120 does not apply to a dealer licensed pursuant to Chapter 4 (commencing with Section 11700) when acting under authority of the license, or to his or her authorized agent.
(b)CA Vehicle Code § 12121(b) Section 12120 does not prohibit the sale of a vehicle by any of the following persons not engaged in the business of selling vehicles:
(1)CA Vehicle Code § 12121(b)(1) Anyone related by blood, adoption, or marriage to the registered owner.
(2)CA Vehicle Code § 12121(b)(2) The receiver, administrator, executor, guardian, or other person appointed by, or acting under, a judgment or order of any court.
(3)CA Vehicle Code § 12121(b)(3) The trustee of a trust in which the vehicle is registered as an asset.
(4)CA Vehicle Code § 12121(b)(4) Any public officer in the performance of his or her official duties.
(5)CA Vehicle Code § 12121(b)(5) An attorney on behalf of a client who is the registered owner.
(6)CA Vehicle Code § 12121(b)(6) The owner, officer, or designated representative of a business in whose name the vehicle is registered.
(7)CA Vehicle Code § 12121(b)(7) The legal owner as shown on the certificate of ownership.
(8)CA Vehicle Code § 12121(b)(8) A person who has prior written authorization from the registered owner of the vehicle, and that person does not receive or expect to receive a commission, money, brokerage fees, profit, or any other thing of value from either the seller or purchaser of the vehicle.
(9)CA Vehicle Code § 12121(b)(9) An insurer selling the salvage of one of its insured’s vehicle or the stolen vehicle of one of its insured which has been recovered.
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