Security & Theft Anybody familiar with califorina laws, I NEED ADVICE.....
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jaotguy
Veteran Member
sold a boat/ motor and trailer for cash .... gave the new owner all the paperwork ... made photocopies and forgot about it ...
6 months later , I get a call "your boat is sitting on the beach and has to be moved " ... sorry I don't own that boat... sold it to Mr. XXXX a while back ...call him at XXX-XXXX and have him move it ... "OK , we'll call him " click
a week goes by and I get another call ( different person this time ) "Hello, Your boat is .... if you don't move it ,it will be towed and sold "
My response "go ahead , I sold it , have my money and don't care about it "
>>"well it's still registered to you "
"well I have a signed bill of sale with the new owner's name , address and telephone number ... if he didn't register it , not my problem" "you were given that info last time you called ... talk to him... "
>>"well maybe you should pick up the boat and call him to come get it"
" why ? , I've got my money , it's not mine ... pick it up and do what you want with it ... come over and I'll give you a copy of the transaction for your records "...
>> "well remember, we won't call again, we'll just pick it up and sell it "
a couple of days later , a truck with the boat shows up and the driver wants to talk about the impound fees ... hand him a photo copy of the sales agreement and told him to see the "new owner" about them ... it's NOT my boat ...
turns out the new owner only wanted the trailer , and sold the boat and motor the same day to a couple that wanted a boat for water skiing .... the boat ran fine till they hooked up a new fresh tank of gas ( it was a 2 stoke )... then the motor stopped all of a sudden ... they parked it on the beach and couldn't get a trailer of move it , so they left it there ..... they were upset at having to pay the impound fees to get back the boat , only to be told the motor was seized ....
the only thing that covered my *ss was the bill of sale ...
6 months later , I get a call "your boat is sitting on the beach and has to be moved " ... sorry I don't own that boat... sold it to Mr. XXXX a while back ...call him at XXX-XXXX and have him move it ... "OK , we'll call him " click
a week goes by and I get another call ( different person this time ) "Hello, Your boat is .... if you don't move it ,it will be towed and sold "
My response "go ahead , I sold it , have my money and don't care about it "
>>"well it's still registered to you "
"well I have a signed bill of sale with the new owner's name , address and telephone number ... if he didn't register it , not my problem" "you were given that info last time you called ... talk to him... "
>>"well maybe you should pick up the boat and call him to come get it"
" why ? , I've got my money , it's not mine ... pick it up and do what you want with it ... come over and I'll give you a copy of the transaction for your records "...
>> "well remember, we won't call again, we'll just pick it up and sell it "
a couple of days later , a truck with the boat shows up and the driver wants to talk about the impound fees ... hand him a photo copy of the sales agreement and told him to see the "new owner" about them ... it's NOT my boat ...
turns out the new owner only wanted the trailer , and sold the boat and motor the same day to a couple that wanted a boat for water skiing .... the boat ran fine till they hooked up a new fresh tank of gas ( it was a 2 stoke )... then the motor stopped all of a sudden ... they parked it on the beach and couldn't get a trailer of move it , so they left it there ..... they were upset at having to pay the impound fees to get back the boat , only to be told the motor was seized ....
the only thing that covered my *ss was the bill of sale ...
MinnesotaEric
Super Member
Meanwhile, in a dusty office four-and-a-half years ago, "Whadda mean you can't remember where you parked it?!"
bumperm
Veteran Member
They are charging you rent by the hour and have put a lien on your property. In another year they'll own your place and then they'll move the skid steer to another property they'd like to have. :c)
bumper
bumper
Well I live in Ohio. So someone hit my beater F-150's bumper in the side in 2005. The truck was blue-booked at $700 and the replacement bumper and driver side side front fender priced at $900 so the insurance company paid me $750 - $50 to turn it into a salvage title and I kept the truck. So I take it down to the salvage inspection center. It took them 2+ hours and a bunch of sand paper to match all the serial numbers on the frame and engine to the truck's VIN. I just laughed my butt of at all the steps they took make sure nothing was a stolen part. What a waste of time.
I mean who looks at a 15 year old truck as possibly stolen parts?
I mean who looks at a 15 year old truck as possibly stolen parts?
Jay4200
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Just go get it and start using it. If someday someone actually comes looking for it, you can remind them that 5 years ago they left it parked at your place for safekeeping.
That what I was going to say. I'd just get it running, take it, and start running it. There's no reason not to. If somebody actually shows up looking for it someday, and believe me they won't, then just give it back...maybe...of you want to.
bumperm
Veteran Member
Under the CA penal code, grand theft is something you'll want to avoid. Unfortunately, "borrowing" something without permission, even if you "fix it up" so you can use it, may be defined as grand theft. But, since the item has apparently been abandoned, though you don't really have any proof of that, it may be that a local DA would decline to charge you, or if he did, a jury may not convict you . . . maybe.
Penal Code 487 PC | California Grand Theft Law
But consider that if you fix it, a reasonable person would conclude you did so in order to facilitate taking the item for your own use . . . without permission. Thin ice I think. Best approach is to make and document an effort to contact the owner and offer to buy the thing. If he declines, then tell him you consider it an eyesore and would like to fix it up and move it to your place at no cost to him. If he declines, then tell him he needs to remove it with all due haste. If he does not perform, then contact the local authorities and pitch a fit.
bumper (ex Oakland PD - 10 years)
Penal Code 487 PC | California Grand Theft Law
But consider that if you fix it, a reasonable person would conclude you did so in order to facilitate taking the item for your own use . . . without permission. Thin ice I think. Best approach is to make and document an effort to contact the owner and offer to buy the thing. If he declines, then tell him you consider it an eyesore and would like to fix it up and move it to your place at no cost to him. If he declines, then tell him he needs to remove it with all due haste. If he does not perform, then contact the local authorities and pitch a fit.
bumper (ex Oakland PD - 10 years)
jimmysisson
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All in writing.
Jim
Jim
GManBart
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The first question is whether it's actually on public property, your property, or the neighbor's property.
