What to do about this car in my driveway...Lawyers?

Discussion in 'After Hours Lounge (Off Topic)' started by Chu Gai, Aug 3, 2006.

  1. Chu Gai

    Chu Gai Lead Actor

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    My son, who's working as an auto mechanic, has/had this 1996 Honda Prelude which he kept in the parking lot of where he worked. The car has some problems (engine knock, 2 small rust holes, and a cracked windshield) and rather than take care of the problems and then sell the car, he was open to buyers. OK, so last winter, this kid approaches him and says he's interested. They agree on a price, $1500. The kid doesn't have the money right away so my son holds on to the title. One day, still during the winter, the kid shows up, hands my son the money, and drives the car (it can be driven a very short distance without problems) a few miles away to his friend's place of employment where he leaves it. He says he'll be back for the car and the title.

    Well, days pass and the kid doesn't show up to either get the car or the title. In the meantime, the owner of the place is telling the kid he's got to move his friend's car from the parking lot or else... He gives the kid a few breaks but still the car remains, at which point he calls the police to tell them he's got an abandoned car and wants it towed away. The police come, discover the car is my son's (in name only since the title was never handed over...couldn't...kid wasn't there) and give him a break. My kid tells the guy what's happened and says he'll have the car towed to my house (I pay for the tow) and he can come and pick it up as well as the title when he gets around to it. Well, the car sits on my property through the winter and even though the kid's been contacted several times, and in fact, even once showed up here, he's yet to take the car.

    So now, I've got this car sitting in my driveway for over 9 months. My son still has the title and the sale, if you'll call it that, was a gentlemen's agreement. I've stayed out of this pretty much because I want to give the kid who bought the car a break but it's kind of getting rediculous.

    My question(s) are what's my or my son's recourse here legally? If the car had been towed by the police, it'd have been sold in auction or junked and someone, like my son since he still has the titlte, might've been obligated for storage and towing charges. Can I (he) charge the kid storage charges? Can the car be resold? Do I need a lawyer for this? Do I need to communicate in writing or some other means to get this thing removed and recoup my (nominal) towing charges?
     
  2. Jay H

    Jay H Producer

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    Sounds like something on People's Court w/ Wappner!

    I'm no lawyer but it sounds like since the sale was just a gentleman's agreement, your son, for all intensive purposes, still owns the car, still has the title for it, so any towing fees would fall on your son. For any legal issues, your son is still the legal owner of the car til the title has been transfered. I don't think just because the buyer has paid the $1500 agreed cost, the title is still in your son's name so I don't know how that affects the sale legally. Why didn't your son transfer the title to the buyer when the $1500 was paid, irregardless of where the car was parked for 9 months. At least this point, if the cops towed the car, your son wouldn't be the owner in title, and if the title was transfered, at least the cops would go after the buyer for the costs/legal aspect, not your son.

    Just my 1 cent guess...
     
  3. Dennis*G

    Dennis*G Supporting Actor

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    yep, as above, whoever holds title owns the car and is fully responsible for it. I guess at this point I would give the money back and look for another buyer or get that title transfered ASAP
     
  4. Kevin T

    Kevin T Screenwriter

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    fyi...the phrase is "for all intents and purposes"

    kevin t
     
  5. Chu Gai

    Chu Gai Lead Actor

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    At the time of the transfer of monies, my son was at work. The title was at home for safekeeping. My son brought the title to his job the next day and days after that but the kid who bought the car never showed so the title went back home. The kid lives maybe 30-40 miles away and as for why he's been negligent in picking up the car at my house, getting the title, and giving me my $93 for the tow, I've no idea. Just trying to find out what I/he should do. I know that since there was no paperwork it's a his word vs his word thing but I'd really like to just get the car off the property, get my money back, and just chalk it up to 'that's life'.
     
  6. Jay H

    Jay H Producer

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    Maybe you should talk to your son and have the $93 that you paid, taken out of the $1500 that your son got for the car! That would seem the most logical and perhaps the most fair solution. I take it that you don't have the car keys anymore. Sounds like an interesting problem, since your son owns the car yet doesn't have the keys anymore and it's parked now in your property. Maybe you can convince your son to use another $100 of the $1500 he got to tow it to the buyer's house and then force a transer of the title then. I think the best thing you can do is get the title transferred unless you are willing to forget the whole agreement and give the buyer the money back and start from scratch again. Once the title is transferred, there is that ultimatum of getting the car off your property or face towing by the police.

    Jay

    p.s. Kevin, thanks for the correction. You could of sacked an English teacher on me for my horrible grammer and English in my reply. Sorry, I kind of follow the Ayn Rand "Train of Thought" to replying a lot.
     
  7. Chu Gai

    Chu Gai Lead Actor

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    I have the keys. The kid who bought it, left the keys with his friend from whose job the car was towed. He simply gave them to the tow operator. Yeah, interesting problem. Funny thing is though, I've got a jap spec motor for the thing and the other problems are so minor that it'd make a great knock around car and all. Very nice interior with minimal wear.
     
  8. Jay H

    Jay H Producer

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    If that is the case, your son officially owns the car and with his permission, can you simply drive it to a location that suits you better and then keep pestering the buyer to pick it up and transfer the title? Best case scenario, drive it to the buyer and get the title transfered though I wouldn't leave it at the buyers til you get the title transfered...

    P.S. Hey, got an idea. You have the title, threaten the buyer that you're going to sell the car to somebody else if he doesn't pick it up... [insert evil smiley here] and sign for the title

    Jay
     
  9. Jeff Ulmer

    Jeff Ulmer Producer

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    My first question is what kind of an idiot gives someone $1500 and never collects what he paid for? Was there anything in writing?

    Since your son legally owns the car, and the intended buyer has effectively abandoned it, I would put it up for sale. If the buyer comes looking for his car, I would refund the purchase price minus expenses for towing and storage.
     
  10. Joe D

    Joe D Supporting Actor

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    Exactly! Who has 1500 smackers to lay down on something and not do anything for 9 months?
     
  11. Mike Frezon

    Mike Frezon Moderator
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    Not me! [​IMG]

    [​IMG]
     
  12. MarkHastings

    MarkHastings Executive Producer

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    How much does it cost to have the car towed to the kids house? Like you said, if he can pay the $1500 and not worry about picking the car up, then why can't he pay to have the car towed as well?

    Perhaps the kid was planning on getting the car, but ran into even more financial troubles? Has anyone called the kid to fins out what's going on?Sell the car for $1593 - give the kid back his $1500 and get your $93 back. [​IMG]


    p.s. I assume towing 30 miles is expensive considering you had to pay $93 to get it to your place?
     
  13. Dennis Nicholls

    Dennis Nicholls Lead Actor

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    Chu, what state do you live in?
     
  14. Chu Gai

    Chu Gai Lead Actor

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    Joisey. I called the police, and short of seeking the advice of a lawyer, they suggested a certified letter telling the person that after a certain date, I'd consider the car abandoned and would then sell the vehicle. If the person were to pick up the vehicle before that certain date, all they'd be liable for is the $93 I shelled out for towing. If they come after the date and the car still hasn't been sold, they'd be responsible for the $93 plus a $10/day storage charge as of the date the car was towed here.

    As to who is so irresponsible with that much money, all I can say is stupid kids.
     
  15. Jay H

    Jay H Producer

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    Sounds good to me! Good luck with it, maybe start preparing that "for sale" sign. [​IMG]

    Jay
     
  16. Dennis Nicholls

    Dennis Nicholls Lead Actor

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    So did you ever get rid of this car? [​IMG]
     
  17. Steve_Tk

    Steve_Tk Cinematographer

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    EDIT, didn't notice this was posted last year.
     
  18. Holadem

    Holadem Lead Actor

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    Ya. It is fast becoming obvious that retirement isn't working too well for Dennis. For all our sakes, somebody get this man a life! [​IMG]

    --
    H
     
  19. Mike Frezon

    Mike Frezon Moderator
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    [​IMG]

    Dennis: You been punk'd! [​IMG]
     
  20. Cees Alons

    Cees Alons Moderator
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    You won't get an answer here anyway.
    The OP left the forum.


    Cees
     

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