72 Chevy abandoned????

[Bowtie7ty]

Originally Posted by 67ChevyRedneck

That truck is in Cali, the OP is in Missouri.

I need to start readin more or paying more attention. Sorry about that

[WestButteTruck]

So you know where the guy you sold it to lives, you know where he works.........umm..........why don't you contact him?

[Chevyholic]

Originally Posted by elektrik

Sorry, I hate to disagree with you, but if there's a clear document between the two of them showing offer and acceptance, that is a contract-the title is irrelevant. Ownership would *not* revert to him, but to the state if there were some sort of law on the books regarding notification to the DMV after the sale...

Yep, I have to agree. Most states require you to re-title in 5-10 days, so that they can get their tax money. Whenever I sell something, I always ask the person to make time for a run to the title office and the bank. I want to make sure the check is good and that they get the title moved over. If they have a problem with that I usually just say "thanks, but no thanks." Getting ripped off, or getting negative attention back to me from the police because they didn't transfer the title usually isn't worth the money.

Any sort of "Bill of Sale" is binding, so the truck is his provided he has documentation. Even if you transfer the title in person, I would always recommend a "Bill of Sale". Documentation is your friend!!

[clean71]

Originally Posted by elektrik

Sorry, I hate to disagree with you, but if there's a clear document between the two of them showing offer and acceptance, that is a contract-the title is irrelevant. Ownership would *not* revert to him, but to the state if there were some sort of law on the books regarding notification to the DMV after the sale...

The title is not irrelevant. This would only be true if a notarized bill of sale was used to consumate the sale. If title only, and in a state that does not require seller's sig to be notarized on title, then all he needs to do is apply for a lost title and it will come back in his name. However, a legal battle would probably ensue if the purchaser comes back and wants the truck but op does not want to give it to him (which I don't think is the case).

Both OP and purchaser screwed up by not filing notice of sale(OP) and registering vehicle (Purchaser). That said, all liability for anything that happens with the truck at this point will fall on OP. By taking posession of the vehicle and holding it until the issue is resolved is much safer than leaving it sit and potentially be hit with a large bill, credit report ding, etc.
Right now it's in OP's best interest to do "damage control".

[elektrik]

Originally Posted by clean71

The title is not irrelevant. This would only be true if a notarized bill of sale was used to consumate the sale. If title only, and in a state that does not require seller's sig to be notarized on title, then all he needs to do is apply for a lost title and it will come back in his name. However, a legal battle would probably ensue if the purchaser comes back and wants the truck but op does not want to give it to him (which I don't think is the case).

Both OP and purchaser screwed up by not filing notice of sale(OP) and registering vehicle (Purchaser). That said, all liability for anything that happens with the truck at this point will fall on OP. By taking posession of the vehicle and holding it until the issue is resolved is much safer than leaving it sit and potentially be hit with a large bill, credit report ding, etc.
Right now it's in OP's best interest to do "damage control".

I've done some research and you're partially correct, in that if the seller didn't give the NOS to the buyer, the sale is null and void, according to statute. However, based on what I dug up on the MO statute, he would do well to leave it alone, since he would have to refund the original purchase price to the buyer, since the sale would be void. I quote:

"This statute requires, in pertinent part:
1) That upon sale or transfer of ownership of a motor vehicle . . . for which a certificate of ownership has been issued, the holder of such certificate shall endorse on the same an assignment thereof . . . and deliver the same to the buyer at the time of the delivery to him of such motor vehicle.
***

4) It shall be unlawful for any person to buy or sell in this state any motor vehicle . . . registered under the laws of this state, unless, at the time of the delivery thereof, there shall pass between the parties such certificate of ownership with an assignment thereof, as provided in this section; and the sale of any motor vehicle . . . registered under the laws of this state, without the assignment of such certificate of ownership, shall be fraudulent and void.

Section 301.210 (Emphasis added).
A sale contrary to this statute "is fraudulent and void." Greer v. Zurich Ins. Co., 441 S.W.2d 15, 25 [5] (Mo. 1969). A contract for the sale of a motor vehicle registered under Missouri law without assignment and delivery of the certificate of title is unlawful and may be repudiated while the transaction remains executory in that the title documents have not been delivered. Id. A buyer of a motor vehicle who has fully paid the purchase price but has received no certificate of title acquires neither title nor the right to possession of the motor vehicle.

Now, if he's willing to refund the money to the buyer (assuming he could find the buyer), I would imagine he could retain the truck.

I suppose the question then becomes: how bad does sjarrett71 it? If he takes posession of the truck as you suggest, he's asking for a possible lawsuit from the buyer to get the purchase price of the truck back. He can't have both the truck and the money the buyer paid, unless the buyer never surfaces (Which I suppose is possible)

[heavy71chevy]

I had something like this happen before only it was a caddy hearse.My dmv and the sheriffs department both tol;d me if you have written permission from the owner of the lot that states that it has been abandoned and you can prove that you are the last registered owner of it then legally it is yours and the cop I talked to told me like mentioned before that if the non registered owner states they have proof of ownership the hit them with storage fees and if they pay them oh well if not put a lien on it and if not paid apply for a lost title

[dave666693]

In Washington State the seller is required to send in a "notice of sale" to the DMV in case the buyer doesn't record it. That gets the seller off the hook. In the old days this was a detachable part of the title. Now I think you have to send in a seperate form.

[clean71]

Originally Posted by elektrik

I've done some research and you're partially correct, in that if the seller didn't give the NOS to the buyer, the sale is null and void, according to statute. However, based on what I dug up on the MO statute, he would do well to leave it alone, since he would have to refund the original purchase price to the buyer, since the sale would be void. I quote:

"This statute requires, in pertinent part:
1) That upon sale or transfer of ownership of a motor vehicle . . . for which a certificate of ownership has been issued, the holder of such certificate shall endorse on the same an assignment thereof . . . and deliver the same to the buyer at the time of the delivery to him of such motor vehicle.
***

4) It shall be unlawful for any person to buy or sell in this state any motor vehicle . . . registered under the laws of this state, unless, at the time of the delivery thereof, there shall pass between the parties such certificate of ownership with an assignment thereof, as provided in this section; and the sale of any motor vehicle . . . registered under the laws of this state, without the assignment of such certificate of ownership, shall be fraudulent and void.

Section 301.210 (Emphasis added).
A sale contrary to this statute "is fraudulent and void." Greer v. Zurich Ins. Co., 441 S.W.2d 15, 25 [5] (Mo. 1969). A contract for the sale of a motor vehicle registered under Missouri law without assignment and delivery of the certificate of title is unlawful and may be repudiated while the transaction remains executory in that the title documents have not been delivered. Id. A buyer of a motor vehicle who has fully paid the purchase price but has received no certificate of title acquires neither title nor the right to possession of the motor vehicle.

Now, if he's willing to refund the money to the buyer (assuming he could find the buyer), I would imagine he could retain the truck.

I suppose the question then becomes: how bad does sjarrett71 it? If he takes posession of the truck as you suggest, he's asking for a possible lawsuit from the buyer to get the purchase price of the truck back. He can't have both the truck and the money the buyer paid, unless the buyer never surfaces (Which I suppose is possible)

I didn't want to make it sound like he should just try to keep it or resell it (unless a reasonable time has passed). My point is that OP needs to mitigate any future problems if the truck ends up getting towed or stolen, etc.

I only say this because I've been through it before. Sold a car to my stepson. Mailed him the keys and he was supposed to pick it up from the house. We were in the process of moving out of state and he assured me that he would pick it up on the weekend of our move. Long story short, that didn't happen, vehicle got towed and I didn't find out about it until a couple months later. By that time there was about $900 in fees added on and I had no use for it or a desire to go get it. I didn't respond to the sale notice and it was auctioned. Well, it didn't sell for enough to cover the fees and the balance was sent to collections, etc., etc. You can figure out the rest.

Currently, OP is legally responsible for ANYTHING that happens with the truck.

[elektrik]

Originally Posted by clean71

I didn't want to make it sound like he should just try to keep it or resell it (unless a reasonable time has passed). My point is that OP needs to mitigate any future problems if the truck ends up getting towed or stolen, etc.

Judging by our current discussion, I figured you weren't trying to say that (even though I suppose one could imply that); I pretty much wanted you to clarify so that no one *would*

[steves1967]

Originally Posted by Bowtie7ty

http://cgi.ebay.com/ebaymotors/1969-...QQcmdZViewItem

This is it

I thought C-10's were SWB???

[corn]

Id be more than a little pissed to find out a vehicle I sold almost a year ago was still registered in my name. Id be fighting someone to have that taken care of right away...or an angle something like that.

[Stocker]

Originally Posted by steves1967

I thought C-10's were SWB???

C10 can be either swb or lwb...

[LEEVON]

Originally Posted by thewrai6th

Same exact thing happened to me, except I didn't want the POS Toyota back and I told em to keep it, after getting a new title and paying the towing and storage fees... The guy who bought it has 10 days to transfer the title. If it's still in your name, you are still liable for towing, parking tickets and storage fees and it's technically still yours. It is not uncommon for people to buy a vehilcle with current registration and then drive it into the ground and leave it on the side of the road.

Been there, done that. Got stuck with a towing bill more than I sold the vehicle for and to top it off they crushed it by the time I got notice...

I would make an agreement with the manager to tow it off and begin looking for the owner. Until you know the situation don't title it. When the guy calls he'll either be honest and you'll feel good about giving it back, or he'll be a prick and you can offer to buy it back for a small amount.

[mtdave2]

wow I am amazed a few of you. Honor and integrity are not just words. They are the keys to your happiness.

You sold the truck, it’s not yours. No matter if the thing sets and rots. If you do not want to see the truck be destroyed, contact the guy you sold it to. You say he has a business right? Call him. If not, wait until the cops call you then go pay the fees and get the truck back.

Just because you see a way to gain from a situation doesn’t mean you should do it. Unless you are ok with telling the world what you did.

[jorgensensc]

Originally Posted by mtdave2

wow I am amazed a few of you. Honor and integrity are not just words. They are the keys to your happiness.

You sold the truck, it’s not yours. No matter if the thing sets and rots. If you do not want to see the truck be destroyed, contact the guy you sold it to. You say he has a business right? Call him. If not, wait until the cops call you then go pay the fees and get the truck back.

Just because you see a way to gain from a situation doesn’t mean you should do it. Unless you are ok with telling the world what you did.

x2
Shawn