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Hot Rods A Tearfull Goodbuy to Runaround Sue's 55 Gasser

Discussion in 'The Hokey Ass Message Board' started by MercDeuceMan, Jun 2, 2009.

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  1. Excellent advice from Harry Bergeron as well as the folks who are saying let it go.

    Make the guy come and get the car, you don't want to take a chance on dinging it up or worse, wrecking it then you'll be out even more money.

    I like to go by the "If I'm meant to have it" theory.
    What will be, will be.

    As for the advice on sabotage, I'm a strong believer in what goes around comes around and what if your next car was involved in a dispute then released in sabotaged form?

    Karma is not only a bitch, but it has many twists and turns....
     
  2. 29 sedanman
    Joined: Mar 22, 2005
    Posts: 2,282

    29 sedanman
    Member
    from Indy

    I hate to hear this for you guys. I hope it all works out some way, some time.....
     
  3. theHIGHLANDER
    Joined: Jun 3, 2005
    Posts: 8,242

    theHIGHLANDER
    Member

    I didn't read the whole topic but I have an idea of how it's all going. Let's look at from the outside...

    Apparently 2 people have purchased a titled object simultainiously, both acting in good faith. One of the buyers has possesion of the titled object, that being the car, and has held up their end of the CONTRACT TO PURCHASE in good faith and even followed through with pick up or completed delivery. Your deal is with the OWNER of the car, not the bank or the caretaker/builder. Assuming the price was the same for both parties and payment accepted the OWNER owes you a title. You have possesion and a record of payment. Your end of the CONTRACT TO PURCHASE has been fulfilled. If it's something you both desperately want then fight for your rights. Contact the owner of the car. Get your title. This is not uncommon in specialty vehicles. There was a similar case many years ago over a certain Packard roadster. The purchaser in the similar situation to yours prevailed but it took almost 6 months to sort out. Push for posession being 9 tenths of the law, maybe.
     
  4. Von Rigg Fink
    Joined: Jun 11, 2007
    Posts: 13,426

    Von Rigg Fink
    Member
    from Garage


    at first i didnt look at it this way..HIGHLANDER has a good point
     
  5. What an awful deal. Probably just age here and lack of understanding, but why would you have to give up the car you bought? Baffles my mind how one person can buy the title and another can buy the car.
     
  6. repoguy
    Joined: Jul 27, 2002
    Posts: 2,085

    repoguy
    Member

    So, what I'm hearing is that even though HE got there first AND has possession of the title, he's an asshole because he's wealthy and he doesn't love the car as much as you?

    Why doesn't any of you anger seem to be directed at the assholes who sold the same car to 2 different parties, instead of blaming the other party?

    It seems like you're angry because mainly because a rich guy that you don't like, and who doesn't share your passion beat you to the punch and bought the car you wanted, which really just sounds like jealousy. And that "he just wants it to keep someone else from getting it", well, that just sounds childish.

    Botton line, I think you've misplaced your anger here.
     
  7. AmandaSue
    Joined: Apr 15, 2009
    Posts: 7

    AmandaSue
    Member
    from Indy

    Wrong...the anger is correctly placed. And as far as him keeping it just because it's fun for him - that is accurate. He has vehicles strewn about his property that are wasting away by the day. He couldn't care less if he has this car or not. Furthermore, he was face to face with John and Sue 2 days before this came to light. A non-asshole would have mentioned then that there might be a problem. He knew at that time that they had the car and he had the title. The anger surrounding this isn't necessarily that he got the title...it's the circumstances, actions, and words on his part before/after the fact that is causing all of us to question his true intentions.
     
  8. repoguy
    Joined: Jul 27, 2002
    Posts: 2,085

    repoguy
    Member


    Fine, he's not the nicest guy in the world, but once again, why isn't the anger directed at the person responsible for selling it to 2 different parties, instead of directing it at the other party? Am I missing something here?
     
  9. Geez....I have the title to a 65 Plymouth in a holding compound. Should I go pick it up? Wasn,t me that put it there....
     
  10. carbon guy
    Joined: Dec 21, 2007
    Posts: 219

    carbon guy
    Member
    from indy

    Wow, this is really a messy situation. I would think with all the people here on the HAMB, there must be a lawer here that would be a great help. This realy sucks, because I know she was realy excited about this car when I saw her last week. I sure hope everything will work out in the end, though it may take some time. I also know you guy's are surrounded by good people that will help you with anything that you may need. I myself, would do what alot of others have said, hold on to it in a safe place, don't totch it, and get things worked out. He won't miss it for the time being, untill everything is leagal, I would store it, and if you have to, charge him for it.
    All the best to ya, Craig
     
  11. Kilroy
    Joined: Aug 2, 2001
    Posts: 3,225

    Kilroy
    Member
    from Orange, Ca

    Don't release custody of the car and don't take back the certified check...

    Take it to court and see what happens. As long as you have possesion of the car and a certified check saying you payed for it, the title is just a piece of paper...

    And lawyers and the courts will have to decide who owns it.
     
  12. 41woodie
    Joined: Mar 3, 2004
    Posts: 1,095

    41woodie
    Member

    I'm not an attorney but it would seem that you own nothing, you simply have possession of a vehicle. The ownership of the car is determined by the title. The guy who has the title may be a total anus but that has nothing to do with the situation you are in.
    Since you are dealing with a person that you don't trust you need to distance yourself from the deal. The owner, builder or their agent needs to come to your place and get the car as soon as possible. You are already potentially liable for any damage that the new owner "claims" may have occurred.
    This may not be what you want to hear but it's time to move on, and keep your opinion to yourself after the deal is done there are laws concerning slander. What's right and what's legal aren't always the same thing.
     
  13. gotra66
    Joined: Apr 24, 2009
    Posts: 181

    gotra66
    Member

    I have to agree. The other buyer went directly to the bank (holder of the title and autorized seller) and bought the car first. His check was cashed and the title was signed over to him. You guys came up later with the builder and told the car was already sold. Buyer one owns it. It also sounds like your check was already returned and never cashed. You holding the car is illegal and it should be returned to the builder or bank immediately. I can understand the frustration of buying a car that has already been sold, but buyer 1 did nothing wrong. He beat you to the punch. Also why should he bring up to you that there is a problem? He owns the car and has a bunch of legal avenues to get it back, including call the cops and have you and the builder arrested for stealing and possibly the builder for fraud (he should have checked with the bank before releasing a sold car to you). Just have the builder pick it up and be done.
     
  14. Weasel
    Joined: Dec 30, 2007
    Posts: 6,693

    Weasel
    Member

    What is not exactly clear here is who has the legal right to sell the car. It seems as if it is the bank, who have power of attorney and have taken the car as collateral from the registered owner. As such the bank effectively holds a lien over the title of the vehicle. The builder of the car appears to be an authorized agent of the bank. So with an unfortunate confluence of events the person who holds the title owns the car. Sad but end of story.

    In order to charge storage fees you have to notify the legal owner - in this case the guy with the title - of intent to charge storage after a given period of time, which may vary from state to state.

    I recently had a fuck of a painter try to steal a car from me this way by tearing it apart, and I paid him weekly for two months, then he stopped work and started demanding money for "additional work" he had not done. I refused. Three weeks later, after no response from the painter to telephone messages and a letter I sent by ceritified mail, I get a 'notice of possessory lien', demanding additional payment for the work he had not done and storage and towing charges, which he had filed with the DMV. However, as he had not notified the intent to store or communicated or responded in any way, he could not make the storage and towing 'fees' stick.

    Your best recourse is competent legal advice, but I don't hold out much hope for you.
     
  15. low budget
    Joined: Nov 15, 2006
    Posts: 5,564

    low budget
    Member
    from Central Ky

    Something tells me that the guy who has the title now didnt have it or ownership when you saw him or he would have said something.
    It sounds like somebody is trying to pull a fast one here to try and pull you for more money.
    The owner/seller may have decided not to let it go for half price since he found out how bad your wife wanted it???
     
  16. Brewton
    Joined: Jun 24, 2005
    Posts: 884

    Brewton
    Member

    I'm sorry to hear that you are having to deal with all this BS. I can't imaging the frustration that you are going through. Hopefully, it will all get worked out.
     
  17. Gasser57
    Joined: Aug 23, 2005
    Posts: 749

    Gasser57
    Member

    John and Sue, I sure hope this works out for you. It's hard to believe the others involved haven't come to their senses yet. We're pulling for ya up here in Cleveland, that was a REAL nice 55.
     
  18. unclescooby
    Joined: Jul 5, 2004
    Posts: 4,973

    unclescooby
    Member
    from indy

    Yes, that car is really nice. Sounds like a bummer of a deal but I gotta tell ya, that even if this deal doesn't work out, there are a ton of really nice cars being sold really cheap right now. I can't believe some of the deals I'm having to pass on right now just because you can't buy them all. You know what they say...nothing gets you over the last one like the next one. Good luck to ya'll.
     
  19. Butch11443
    Joined: Mar 26, 2003
    Posts: 353

    Butch11443
    Member

    Get a lawyer or get the car back to the builder. What is legal is not always ethical or morally right. I would think whover has the earliest day of payment would be the legal owner.
    Butch
     
  20. Take up a collection to pay for shipping 1 way on a slow boat to China Good Luck guys
     
  21. 3rd Gen Hot Rodder
    Joined: Jan 8, 2009
    Posts: 405

    3rd Gen Hot Rodder
    Member
    from Indiana

    John, So sorry to hear such a terrible situation can happen to such good people. Hopefully Dustin will have some success in reasoning with the man. Take Care.
     
  22. Fordguy78
    Joined: Apr 2, 2009
    Posts: 558

    Fordguy78
    Member

    It sounds to me like the only reason he wants it is because someone else wants it. Just a prick, that's all he is.
     
  23. redlinetoys
    Joined: May 18, 2004
    Posts: 4,301

    redlinetoys
    Member
    from Midwest

    We own a vehicle that was purchased a few months ago under vaguely similar circumstances.

    Supposedly, two people were buying the car at the exact same time from the same dealer, but through two different salesman (one over the internet and one in person). Long story short, I believe there were up to 5 different people all trying to acquire the car at the same time including me (and I was at the end of the line). This all happened over just a few hours on the same day. No buyers at 12:00 noon and multiple buyers who all believed they were individually entitled by 2:00 pm...

    Unfortunately, poor communication seemed to be a key factor, however...

    2 of the deals quickly fell through due to lack of credit on the buyers part.

    One of the buyers had secured the car long distance with a credit card and supposedly sent the rest of the payment via mail, but after more than 7 days it had not shown up.

    Eventually, all of the deals fell through, and after a week of patient waiting, hoping and looking at other similar cars for sale, this car finally became ours.

    Things have a way of working out for the best. Lets hope you guys have the same fortune in the end, whether it is with this car or another.

    Good luck John and Sue.
     
    Last edited: Jun 3, 2009
  24. 440scout
    Joined: Aug 13, 2008
    Posts: 35

    440scout
    Member
    from reno nv

    exactly what i was thinking..
    make him work for it.
     
  25. RunaroundSue
    Joined: Feb 24, 2007
    Posts: 209

    RunaroundSue
    Member
    from Indy


    WHATEVER Denise!!!!!!!!!!!:rolleyes:

    I've been waiting all morning for lunch to come just so I could reply! :p:p
     
  26. It's ok Suzie! Tell him he wouldn't know if he wasn't on the HAMB himself. ;):D
     
  27. RunaroundSue
    Joined: Feb 24, 2007
    Posts: 209

    RunaroundSue
    Member
    from Indy

    Kevin, my pal!!! ;):) Just seeing your note made me smile. Thanks.
     
  28. DeVille Gal
    Joined: Apr 8, 2007
    Posts: 986

    DeVille Gal
    Member

    So sorry to hear that you are going through this,,,,I agree with the post not to give the car back that the guy with the title should fork it over and the seller should get it straightened out.

    Hope that all works out for you.
     
  29. RacerRick
    Joined: May 16, 2005
    Posts: 2,753

    RacerRick
    Member

    I would distance yourself from this deal and make the seller come pick up the car - not the new owner. It will save you a lot of frustration, and possibly legal bills.

    What you have there is poor communication from two agents of the actual seller - the bank which was granted POA, and the builder. The first one that got the cash to one of the agents got the title and owns the car. You can try going to court but I doubt you will win.

    You are not in legal possesion of the car right now...the builderr was and shouldn't have turned the car over to you. So let him take possession of the car back so that it can be turned over to the legal owner. Make sure the car goes back exactly as you got it.

    The new owner might be acting like a turd, but he hasn't done anything legally wrong. How would you feel if this went the other way and you got the title, but the other guy had the car and wouldn't let it go?
     
  30. ChevyGirlRox
    Joined: May 13, 2005
    Posts: 3,490

    ChevyGirlRox
    Member
    from Ohio

    Wow, this really sucks, I know how excited you are about this car. Especially about it being YOUR car! I can't even imagine how upset I would be if it were me in your shoes Susie. Fortunately you have age and wisdom on your side and will do the RIGHT thing versus the young, fun, and instantly gratifying thing that I would probably do :D

    Maybe after he gets and drives it he'll sell it to you. From what John says this car isn't going to be his cup of tea. I know it sounds far fetched but stranger things have happened. And like it is been mentioned before, everything happens for a reason!
     
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