CRG Discussion Forum

Camaro Research Group Discussion => General Discussion => Topic started by: IZRSSS on December 05, 2010, 03:33:10 PM

Title: Off-The-Wall ?
Post by: IZRSSS on December 05, 2010, 03:33:10 PM

A question for a friend  :-X...

Lets say...there was a person (names concealed to protect the innocent, in some cases not so innocent) who owned a car & gave another person (for a lack of better terms) temporary custody of this car.  Lets then say that this second person helped himself/herself to a few items of the car without the owners knowledge. Lets also say that the owner is now deceased.

Would a new owner have any recourse?

Title: Re: Off-The-Wall ?
Post by: jeff68 on December 06, 2010, 02:28:29 AM

If the owner is deceased, then how is it possible to buy the car from them?  Is the person with "temporary custody" selling the car?  Are they really the legal owner of the car?  Anyhow, I say the answer to the question is "No".  The car would be sold to the new owner as-is.
 

Title: Re: Off-The-Wall ?
Post by: rsr on December 06, 2010, 03:30:49 AM

I'd think if the original owner gave custody to another person the original owner should have had a written agreement or a witness to confirm he's giving it away for how ever long it was to be temporary other wise the 2nd person would become the new owner after a period of time and you can't steal parts from yourself can you? Ever heard of a mechanics lean? I agree with jeff68 "the car is sold as is"

Title: Re: Off-The-Wall ?
Post by: KurtS on December 06, 2010, 04:30:42 AM

The estate would have recourse. But a new owner wouldn't have standing.

Title: Re: Off-The-Wall ?
Post by: IZRSSS on December 06, 2010, 10:03:25 AM

This boob actually admitted (to the new owner) h/s took the parts. Stating...how do I know their correct, I removed them myself & I have the part #'s to prove they came from that car.

Thanks Kurt...that makes the most sense. Maybe the new owner should just be happy h/s has a shot at getting these parts back. Not matter how much it hurts >:(!

Title: Re: Off-The-Wall ?
Post by: IZRSSS on December 06, 2010, 02:58:55 PM

Quote from: jeff68 on December 06, 2010, 02:28:29 AM

If the owner is deceased, then how is it possible to buy the car from them?  Is the person with "temporary custody" selling the car?  Are they really the legal owner of the car?  Anyhow, I say the answer to the question is "No".  The car would be sold to the new owner as-is.
 

Thanks

Title: Re: Off-The-Wall ?
Post by: tom on December 06, 2010, 03:14:14 PM

At best how can you prove the parts were stolen? The original owner can't testify,the other would not be expected to confess, the car was legally with that person. Unless you are speaking of parts with patrial vins (engine, trans) would be difficult to prove they were even from the same car.

How to buy from the dead guy is easy. Deal with the executor, or administrator of the estate.

Title: Re: Off-The-Wall ?
Post by: IZRSSS on December 06, 2010, 03:17:49 PM

You're right Tom...parts w/o partial VIN's are hard to prove.

As stated...the new owner should be happy he has a shot at getting them back.

Title: Re: Off-The-Wall ?
Post by: IZRSSS on December 06, 2010, 07:53:38 PM

Quote from: rsr on December 06, 2010, 03:30:49 AM

I'd think if the original owner gave custody to another person the original owner should have had a written agreement or a witness to confirm he's giving it away for how ever long it was to be temporary other wise the 2nd person would become the new owner after a period of time and you can't steal parts from yourself can you? Ever heard of a mechanics lean? I agree with jeff68 "the car is sold as is"

I don't really know how to respond to this comment...what's your point?

Title: Re: Off-The-Wall ?
Post by: lakeholme on December 06, 2010, 11:25:37 PM

Hi Marty,

This car wasn't blue, was it?

Title: Re: Off-The-Wall ?
Post by: IZRSSS on December 06, 2010, 11:39:38 PM

Nope...Hugger Orange.