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Sold a car to a NO SHOW. Now What???

Discussion in 'The Hokey Ass Message Board' started by jonnycola, Oct 6, 2008.

  1. tooslow54
    Joined: May 6, 2005
    Posts: 929

    tooslow54
    Member

    Can I have the taillights??? :D
     
  2. jonnycola
    Joined: Oct 12, 2003
    Posts: 2,061

    jonnycola
    Member

    Haha I'm suprised it took this long for someone to ask...

    It sucks because it's a badass car. Factory supercharged Studebaker 289 too...
     
  3. First question, you mentioned the "original " owner's name is still on the title, do you have a bill of sale of from that "original"?

    In my past experience, to take advantage of the "you owe me storage" deal you'll need to get the car in "your" name. Regarding sending it to a "real" storage lot, and not sure how Wisconsin storage laws read, but most require vehicles to be in the space renter's name (Minnesota was that way, as are all the one's I've dealt with here in California).

    The "Certified and Notorized" notification mail deal is a must, irregardless of which way you go after that. Any lawyer will tell ya it may not be the safest net... but it's better than no net at all. You might throw in the letter that you passed over x amount of sale opportunities in the process of accepting his bid ( a "you owe me" move). IMO if he is/was financially in a bind, then he shouldn't of jumped into the fire in the first place, especially if your Ebay ad states "Buyer responsible for pick up and shipping".

    All in all, if it were me I'd get the car in my name (it gives you a hell of lot more rights), Non-op the plates, and depending on how binding the E-bay contract reads, send the guy the certified "Notice of lien sale" with a 48 hour MAX respond time, and if he doesn't respond, then throw it back up for sale, or check with your local towing company and see if they'll let you slide it with one of their "Lien sale" auctions. Again, once the title is in your name, it's "your" vehicle, and you can authorize to have whatever you want done to it.
     
  4. If you talk to him you may find he's having trouble with the shipping companies, My in-laws bought a car off e-Bay recently, and four shippers bid to bring the car then cancelled on short notice due to fuel costs, but if thats not the case here, then I agree with the others on this, send a registered letter (the kind he has to sign for) laying out the fact that yuo will be charging a reasonable storage rate (check what your local police impound lot is charging for a good basis, and when you are going to start charging it, and go from there. If you can need the space and can afford it, put it in a Mini Storage and charge him that amount. I really never thought they would take a car directly from a shipper like that with the bill being sent to someone who isn't present, but apperently they do, because I had a problem with a shipper once and he tried to hold a jet boat ransom for several months. I reported it stolen and gave the police his address as the last seen location, and lo and behold, it showed up where it was suypposed to a week later and they dropped it in a mini storage so they wouldn't have to face me (it had been left out in the weather and was trashed). Anyway, the mini storage took it without me or any other person in my family giving any kind of consent, and tried to get me to pay for it till I informed them they were holding stolen property and would have to call the Police. They gave it back then, no charge. My situation isn't exactly like yours, but some storage places obviously will accept property like this. Keep all your records (phone, reciepts, bill of sale, etc) to cover your self, and I hate to say it, but to remain on the legal side you probably ought to have a conversation with a lawyer. The easiest way (if legal) is to push it to the curb like somebody else mentioned, just make sure you have a bill of sale proving it's no longer your car.
     
  5. If you go this route....stick it out with the title and keys....also let me know where you live....i'm sure Erin would like that for a project for her next year....
     
  6. RatRod65GMC
    Joined: Sep 12, 2008
    Posts: 43

    RatRod65GMC
    Member

    Nice car!....my brother just bought a '75 Fleetwood Caddy on EBAY and it took him almost two months (and the firing of the first hired shipper) to finally get the car here. Thing weighs 6772 lbs. Shipping across the country seems to be more difficult than the ads would make it seem. I'd put it outside and tell the guy any damage from this point on is his responsibility.. it'd be a shame if any happened to it. Just my 2 cents
     
  7. Tuck
    Joined: May 14, 2001
    Posts: 5,780

    Tuck
    Tech Editor
    from MINNESOTA
    1. Early Hemi Tech

    certified letter
    $10 a day storage... that ads up Quick.

    then you put a mechanics lean on it
    he either comes and gets it or pays you the storage or you keep the car and the $...
    you snooze you LOSE.
    you dont have to give his money back - thats bullshit... that guy shouldnt be buying cars if he can't pick them up.

    Tuck
     
  8. Pir8Darryl
    Joined: Jan 9, 2008
    Posts: 2,487

    Pir8Darryl
    Member

    Johnnycola,
    I got a decent temporary solution for you...

    The car looks really nice, so I assume it runs and drives.
    Check with some local businesses that might actually appreciate having a nice old car for some of their customers to look at... Sort of a "mobile advertisement" or attention getter.

    A good sized auto dealership might enjoy having it sit in their showroom. A car repair shop might happily park it out front, a 50's themed diner, a chopper shop, a restaurant... Heck, just about any business might appreciate the advertising potential it could offer.

    Just be thoughtfull about where it's parked... Like inside a showroom, or away from transportation cars so nobody dings the door. Maybe make up a little fence of some sort to keep people 3-4 feet away from it.

    Explain the situation to anyone who might be interested in displaying it so they are aware that the "new owner" could show up at anytime to claim it.

    Also, [if you do this] send a registered certified letter to the buyer [as well as a copy to your attorney to remain un-opened] explaining the measures you have been forced to take. Make him aware that there is the potential for the car to be vandailzed, stolen, or otherwise damaged, and you WILL NOT be liable for any such damages that have resulted from his "abandonment" of this automobile in your posession. Also tell him that you expect to be compensated for your time and labor to transport the car to it's new location, as well as any future transportation the car may require to "other storage facilities".

    That will solve your storage/parking issues.

    Now as to the car itself, it would be worth a phone call to your attorney. The laws differ from state to state. Here in Kentucky, it's 30 days on an abandoned vehicle... Reguardless of the exact laws in your state, 1/4 of a friggin YEAR is time enough for him to have picked it up.

    Swing by a car repair shop in your city, and ask them for the .05 cent tour as to how the local laws work for abandoned cars. Get the ball rolling on reclaiming it.

    If the new owner fails to respond and claim his property, and you [legally] end up owning it again, perhapse you could do something creative with Ryan,,, sort of a HAMB auction, where 1/2 the $$$ goes to a worthy cause, and you pocket the other 1/2 for your trouble in dealing with this bozo's in-ability to pick up "his" car.
     
  9. 54BOMB
    Joined: Oct 23, 2004
    Posts: 2,109

    54BOMB
    Member

    I would get the car in my name before doing anything, I think the rest of the collections/lean sales ect will go easier. Here in texas you can go to the tax office , do the title transfer and in about a week and a half have the title. Hopefully its the same up there.
     
  10. Send him a letter saying that you are sure glad that he finally picked the car up and your wife is happy that it is gone and out of the yard.

    I guarantee he will call.
     
  11. 51 Leadsled
    Joined: Nov 23, 2007
    Posts: 960

    51 Leadsled
    Member
    from NC

    Hey I am the guy who bought the car... you can keep it but send me the tail lights...only kidding!
     
  12. I am going through the same thing with a guy who bought an econoline pickup from me in March...paid for it and haven't heard from him since...don't have his number and I am hoping to sell my house and move to North Carolina this winter...I understand your frustration
     
  13. fiat128
    Joined: Jun 26, 2006
    Posts: 1,426

    fiat128
    Member
    from El Paso TX

    I got one of those. Guy sent me a deposit over a year ago and after contacting him dozens of times I gave up. I'm gonna get it running and send him his money back I guess.

    Here's what I'd do:

    Contact him and tell him you can't store it anymore. Offer to help him find a local place to store it and then have it moved (at his expense if you have to pay for the move). That's not only nice but it's fair too. I bet he bought it and now doesn't have the money to get it home.
     
  14. KooDaddy
    Joined: Oct 16, 2006
    Posts: 753

    KooDaddy
    Member
    from Wis.

    You sure he's not a KGB agent?
     
  15. Wheres this guy from. We sold a 59 ranchero to a guy from new york. Three years ago!! He paid his check cleared and the ranchero is still here. I found out he has bought several around here and never came back? Spoke to him on the phone twice. The last time i mentioned storage fees. Dont know whats up with this deal? Maybe he is borrowing money on them. Find a picture of a restored high dollar car use the title from a junker to borrow money?:confused: OldWolf
     
  16. KernCountyKid
    Joined: Jul 11, 2006
    Posts: 376

    KernCountyKid
    Member
    from Arkansas

    Just remember the golden rule, God knows what he's got going on. Add my vote for putting it in storage and having the bill sent to his address. That gets you out of the picture and is fair to him.
     
  17. Shifty Shifterton
    Joined: Oct 1, 2006
    Posts: 4,964

    Shifty Shifterton
    Member

    I've wondered the same, it happened to somebody I know too. Makes ya wonder if there's an angle. Never thought about borrowing money. I always figured it was either laundering a stolen vehicle of the same make, or potentially immigration/ID fraud. Some states are still real easy to get a car put in your name, now you've got a state document towards proving a false identity.
     
  18. Aman
    Joined: Dec 28, 2005
    Posts: 2,522

    Aman
    Member
    from Texas

    I don't know why people sell cars that they don't own. If the title is in the previous owner's name then you don't own it...did you tell him this?

    Whether or not, sounds like this guys not coming to get it. Why not get it properly documented with the money that you made on the deal and then sell it again?

    Jeez!
     
  19. banzaitoyota
    Joined: May 2, 2004
    Posts: 547

    banzaitoyota
    Member

    Being on the other side of the stick.............. :(

    I bought a truck in MI, I'm in SC.
    We agreed to met each other 1/2 way. For various reasons that fell thru..

    Tried many times to get BenD to haul. He wasnt interested, for whatever reason.

    Then both of our work schedules caught up with us. This went on for 18 months. I let hm keep the truck and the $$$ for his trouble.
     
  20. This is where it is VERY important to state exactly what all of the sales terms are, including short-term storage arrangements, in writing. What I do on a sale that requires a deposit and/or storage, is give the guy 30 days free storage from the day of deposit (or full payment), then charge up to an additional 30 days of storage at $20/day. After that, I keep whatever money has been paid out and the car is once again for sale. I also send a registered letter one week before the first 30 days expire, and also the second 30 days, to remind the buyer to do something about pickup. I figure if a buyer can't come up with the required funds and/or make appropriate transportation arrangements in 60 days from the date of sale/deposit, the deal isn't gonna happen. Why let the a$$pain draw out for months, or even years? State the terms up front and ensure the buyer understands the terms completely!!!

    Now, on this Packard, I'd be interested if the guy drops out for whatever reason!
     
  21. The comments to just abandon the car are asinine, because there's no real agreement, so when the guy finally finds it destroyed in an impound lot, he sues you. Case or not. And it's a nice car, why in the hell would you want to see it get fucked up? That's undoubtedly what happens in impound, if not while in the lot, then when it gets sold at the auction they have to clear out the lot sooner or later.

    When I sell one on eBay it says right in the auction, 30 days, which is more than reasonable. We know a guy who tows and his storage fee is like $65 a day - for outdoor storage - I don't mention the fee in the listing, but I do note I can add one if a buyer cannot be contacted for whatever reason.

    The mini-storage is not a bad idea. Even if you keep it in there for 3 or 4 months, it's worth more than that. As far as the hassle of selling goes, if the bids start at $500 and it runs, it will sell again easily. This time, they get X days to get it and you get triple the mini-storage rate after that.

    We sell cars here that may not even have paperwork, or don't have it in our name. The state won't transfer registration cars unless you plate them, and title cars the title costs $50 - hardly worth it given the only ones that new we get into are usually beaters someone gave us. As long as there's a paper trail, it doesn't matter.


    If you can get a hold of this guy by phone, you don't have to be a dick. You can be nice and say, "we agreed to two weeks, you needed more time, I was nice enough to give it to you twice - now I no longer have room for the car, and I really feel like I am being taken advantage of. So now you can come and get the car in two weeks, or pay for me to store it elsewhere until you can get the car, or I can store the car on my own and get the going rate here locally for car storage, which is (whatever it is, call around). Or you can do nothing, and in 30 days I will sell the car again and you lose your money." Hopefully you can pause and get him to agree to each part. Just tape the call if it's legal in your state. Even if it's not, do it anyways, so you can refer to it later. (Running it by a lawyer won't hurt, either, because your local laws may be different, you may have to do a lien or whatever.)

    Then you put the car in a mini-storage at the end of the two weeks. What's that cost a month? $100? Either he pays you the $10 a day and you make $200 a month on it, or he pays you nothing and you sell the car in say.. 60 days. You sold it once, this time start the bids at $500 and take what you get.


    I have the same kind of deal going - one of the few cars I sold off e-Bay, the guy didn't have an account, but he paid from Australia for a car I had. He's been over here at least three times and no sign of him coming to get the car, even though he goes to Hershey and Carlisle which are only a few hours away. It's been over 18 months. He has until after Hershey this year, then a local guy who wants it gets it. The guy had me send him the tags off it so they wouldn't "dissapear" ... maybe that's all he wanted... either way, I'll no longer even know where the car is if I wanted to tell him. At $10 a day the storage from 30 days after the car sold is more than twice what he paid for it. If the guy had sent more money, or bought other cars, it would be another story, but every time I track him down on my dime, it's the same story, I'll come get it next time I am in the states, then is a no-call, no-show, even with three phone numbers and two email addresses to contact me through.
     
  22. Perhaps a perfect way to "launder" some hot $$$$ ? hard to tell. I had a similar experience. Had a boat for sale in front of the house. A guy & his wife stopped and in five minutes or less he whipped out the cash and paid for it. Said he'd be back to get it. That was in '03 - the boat still sits behind the barn, covered. Fortunately it's not in the way & can stay till it reverts to its natural state. But I think the guy was so buzzed he forgot even that he bought it, or where it is. And since he paid cash for it and didn't get a receipt I have no way of tracing him. His loss I guess.
     
  23. Bill.S
    Joined: May 5, 2004
    Posts: 449

    Bill.S
    Member
    from NW OH

    First thing is like some of these guys are saying, get the title in your name!
    If you sell or get rid of the car without it being in your name, the court would look at it like a fraudulent sale.
    Get the title right, send a registered letter and put the car in safe storage, check the law on your rights to seek a lein on the car for the storage.
    It all comes down to CYA to be legal and staying out of the Graybar Hotel.
     
  24. go to the high school look for the two dudes smoking in the parking lot give them his address and tell them he'll pay em in beer and give bus tickets back to sconsin
     
  25. You mean to tell me just because i dont transfer the title buy insurance ect that i dont own the 250 or so cars that i bought and paid for that are out back right now:rolleyes:. I usually get a bill of sale. If it is a project or parts car i like to leave the title open not write my name on the title. I have bought and sold many where the title was in another name. That doesent make me a crook:rolleyes:OldWolf
     
  26. Shifty Shifterton
    Joined: Oct 1, 2006
    Posts: 4,964

    Shifty Shifterton
    Member

    I personally don't think you're a crook, but regarding leaving information off a title for buying/selling- most states I've lived in would say differently. The charges would probably be forgery and tax evasion. Read the title fine print, that sucker is VOID 30 days after the sale section has been dated. And it's supposed to be dated on day of sale. If people other than the seller are filling in seller lines at a later date, or a seller is signing an otherwise blank document, more illegalness going on.

    I realize the functional reality of old cars, you're not alone. But when your neck is stuck out, the guillotine's blade is sharp.
     
  27. Diamond49
    Joined: Nov 28, 2006
    Posts: 319

    Diamond49
    Member

    I agree with sending him a letter thanking him for taking it, and that the wife is happy its out of your hands. That answer grabbed my attention too. Kind of a mean joke, but what the hell. It gets to the point without throwing a punch.
     
    Last edited: Oct 7, 2008
  28. Pins&Needles
    Joined: Apr 8, 2006
    Posts: 381

    Pins&Needles
    Member
    from Santa Cruz

    Damn thats a clever idea! I would have never thought of it! But I like it! :) Chalk the whole situation up to selling shit on ebay you probably got more than you would of on your local craigslist, but it cost you more in headaches. Whatever you do just make sure you have a paper trail so if it comes to court you can show that you made the effort. If he paid over a certain amount for it the issue wouldn't be a small claims issue which is actually better because most upper courts wouldn't want to deal with it.

    What I would do is send him a registered letter, email, and phone call, explaining that you are going to put it in storage because you have no place to put it. Keep it in a legitamate storage place with reciepts for 3 months and then take him to small claims in your town for the cost of storage. When he doesn't show the court will issue you the winner of the case and probably issue you the car back, an or take it sell it and give you the money your owed. Either way the ball will be back in your court.
     
  29. B-Man
    Joined: Jul 17, 2006
    Posts: 125

    B-Man
    Member

    Ok, I'll add my experience on this. Here we have laws and processes for selling/buying abandoned vehicles. This is how towing companies make extra money. These are related to mechanic's lein sales. A mechanic doesn't have to have the title in his name to sell a car. If a towing company removes an abandoned car, they do not have to have a title either. BUT, there is a legal process for doing both of these. You have to follow it to the letter or the new owner cannot obtain a new title. This is how it works in AL and I am sure there is similar legislation in your state.

    How does this apply to you? It will help you distinguish the true ownership of that vehicle and what your rights are. Part of the abandoned vehicle selling process is to send certified letters to the original owner informing them of the storage fees you are going to charge. Here, you can charge anythign you want, there are no guidlines. He has a certain amount of time to retrieve that car and pay the storage fees. This is done in front of a judge. If he doesn't respond, the car will be sold at public auction on a given day. He has the right to show up and bid on the vehicle if he wants it. The bidding will start at full cost of storage. That is all you have in it, that is all you can "demand" for price. At that point, anyone can purchase it for the storage cost, or in a mechanic's lein for the amount they have in the repair work.

    At least here, you have every right to charge storage fees. If he doesn't pay, you can resell the car for the fees. If no one shows or outbids you, you can keep the car. Then resell it for whatever you want. Kinda a pain in the ass, but it's the legal way. You also don't have to be a towing company, and you can have the "public auction" in your driveway. That is how I got my bike. I dragged it out from behind a barn and this was the only way to legally get a title for it.

    In this case, you may want to get that title in your name. From what I have always understood, it doesn't matter who has what money, it's that title that says who owns a car. So right now, neither one of you own it. That's messy.
    Around here, your situation would be described as you have an abandoned vehicle on your property. Whether you have a title or not, if it is not claimed by the owner in a certain amount of time, you can auction it off.
    But, you have to have all the documentation and follow the process. You can't just say that it has been over 90 days and now you are selling it.
    Notify him that it is going into storage and he will be responsible for the cost and if he doesn't get it in whatever the time period is, you will sell it for the cost of storage. If he doesn't respond, go forward.

    Good luck.
     
  30. 54BOMB
    Joined: Oct 23, 2004
    Posts: 2,109

    54BOMB
    Member


    .. but it sure makes it a pain in the ass for the guy who buys a car from one person with a different persons name on it. but hey what ever is easier for you.
     

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