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04-19-2008, 08:19 AM | #51 |
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Join Date: Nov 2006
Location: Orient Ohio
Posts: 33
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Re: 72 Chevy abandoned????
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04-19-2008, 04:24 PM | #52 |
Kung Fu Master
Join Date: Oct 2005
Location: Montana
Posts: 547
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Re: 72 Chevy abandoned????
So you know where the guy you sold it to lives, you know where he works.........umm..........why don't you contact him?
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72 GMC SuperCustom 4x4 1972 Chevrolet Cheyenne Super 4x4 |
04-19-2008, 04:59 PM | #53 | |
Will it run today?
Join Date: Feb 2007
Location: DFW, Texas
Posts: 272
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Re: 72 Chevy abandoned????
Quote:
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!!
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Jaws, the 1971 Chevy Cheyenne Longbed. She's big, grey, and has an insatiable appetite! |
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04-19-2008, 05:37 PM | #54 | |
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Join Date: Aug 2002
Location: San Diego, CA
Posts: 335
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Re: 72 Chevy abandoned????
Quote:
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".
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CPO U.S. Navy(Ret) 1972 GMC Jimmy 4x4 Custom 1972 GMC Jimmy 2x4 Custom |
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04-19-2008, 09:11 PM | #55 | |
Foolish Mortal
Join Date: Mar 2007
Location: Livermore, CA
Posts: 243
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Re: 72 Chevy abandoned????
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) |
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04-19-2008, 10:38 PM | #56 |
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Join Date: Apr 2007
Location: antreville, south carolina
Posts: 873
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Re: 72 Chevy abandoned????
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
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"Dixie Destroyer" 71 C10 LWB Fleet Future Blown Prostreet Monster |
04-19-2008, 11:30 PM | #57 |
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Join Date: Jul 2005
Location: Edgewood, WA
Posts: 901
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Re: 72 Chevy abandoned????
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.
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67 C20/ 68 C10 stepside/inline 250--current project 71 GMC 4x4 70 Blazer project-Zombie assault vehicle 67 4x4 Burb |
04-20-2008, 02:20 AM | #58 | |
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Join Date: Aug 2002
Location: San Diego, CA
Posts: 335
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Re: 72 Chevy abandoned????
Quote:
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.
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CPO U.S. Navy(Ret) 1972 GMC Jimmy 4x4 Custom 1972 GMC Jimmy 2x4 Custom |
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04-20-2008, 09:47 PM | #59 |
Foolish Mortal
Join Date: Mar 2007
Location: Livermore, CA
Posts: 243
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Re: 72 Chevy abandoned????
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*
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04-21-2008, 05:39 AM | #60 | |
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Join Date: Dec 2001
Location: Manteca, Ca USA
Posts: 305
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Re: 72 Chevy abandoned????
Quote:
I thought C-10's were SWB???
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'71 Chevy 3/4 Ton Longbed '22 Chevy Tahoe RST '67 Firebird- 8 sec street car '24 GMC CC 4x4 Duramax Dually |
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04-21-2008, 07:11 AM | #61 |
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Join Date: Dec 2003
Location: here
Posts: 5,789
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Re: 72 Chevy abandoned????
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.
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04-21-2008, 07:30 AM | #62 |
20' Daredevil (Ret)
Join Date: May 2003
Location: Jefferson State
Posts: 13,722
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Re: 72 Chevy abandoned????
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- Mike - 1972 K20 LWB 350/350/205 RIP El Jay |
04-21-2008, 04:20 PM | #63 | |
Moderator
Join Date: Jul 2006
Location: Ozark, MO
Posts: 4,888
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Re: 72 Chevy abandoned????
Quote:
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.
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'20 Silverado Trail Boss ~ '17 Tahoe ~ '79 K15 Sierra Grande ~ '76 Blazer 2wd ~ '71 Cheyenne swb ~ '55 Pontiac Safari ~'50 3100 bagged ~ '80 Wife ~ Late model kids
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04-21-2008, 04:49 PM | #64 |
newly minted old timer
Join Date: Dec 1999
Location: Hudson WI
Posts: 3,521
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Re: 72 Chevy abandoned????
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.
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____________________________________________ 72 c20 longhorn 65k org miles and counting! 69 k10 Suburban |
04-21-2008, 04:59 PM | #65 | |
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Re: 72 Chevy abandoned????
Quote:
Shawn
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1972 C20 Suburban- Big Blue Betty '56 Chevy Bel Air Sedan- Frame up Restoration -What would you attempt to achieve if you knew you could not fail?- -I Refuse To Tiptoe Through Life, Only To Arrive Safely At Death's Door- R.I.P. EAST SIDE LOW LIFE |
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