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Re: RE: Title

To: Christopher.Albers@bubbs.biola.edu (Christopher Albers)
Subject: Re: RE: Title
From: Marc James Small <msmall@roanoke.infi.net>
Date: Fri, 15 Sep 2000 14:17:54 -0400
At 10:56 AM 9/15/2000 -0700, Christopher Albers wrote:
>
>Even if both vehicles were in perfect
>condition, if you switch the VIN's without DMV approval, sell the
>vehicle without disclosure, then you have violated 10750/10751 and you
>have committed a fraud.


Not informing DMV could not be a 'fraud'.  Fraud is no more and no less
than cheating someone by intentionally deceiving them with the intent to
benefit financially from the transaction.  Switching a data plate (again
and again, this is NOT a VIN!) might constitute a violation of California
road laws and might well be a crime malum prohibitorum (a prohibited act)
but would not be fraud and, certainly, would not be a crime malum in se (an
immoral act).

Now, the new owner might well be defrauded if the previous owner failed to
advise him of the change in vehicle serial numbers.

I had a '62 VW rag-top with a '61 serial number.  The Virginia DMV told me
not to sweat the small stuff.  But I made certain I told the fellow to whom
I sold it of the problem!

Marc

msmall@roanoke.infi.net  FAX:  +540/343-7315
Cha robh bas fir gun ghras fir!


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