slammed_510 Posted April 19, 2015 Report Share Posted April 19, 2015 Ok so here it is my uncle sold his 510 to guy 15 + years ago the guy gave him 500 bucks as a down payment and he left for those 15+ years so my uncle gave me the car and I fell in love with it but now 15 + years later the guy comes back and wants his car the guy doesn't have any paper work saying its his or anytime so is the car still his or do I just have to give him the money back thanks ........ #dattolife Quote Link to comment
datzenmike Posted April 19, 2015 Report Share Posted April 19, 2015 The deal was with your uncle but without paperwork it's just word of mouth. Was this only a down payment or paid in full? Now your uncle could still honor that agreement as money was exchanged but without anything in writing even that may just be just word of mouth. After 15 years there must be a statute of limitations on weather the guy was serious about concluding the deal. Now you enter the picture. Did you pay anything for it? Did you get the paperwork changed into your name or is it still in your uncle's??? If in your name it's your uncle's problem..... Is it? If in your uncle's name, get it in yours as soon as possible with a bill of sale. If the other guy gets pissy offer the $500 back but charge him a storage fee of $50 a year and tell him that the deal is forfeited. 6 Quote Link to comment
MicroMachinery Posted April 19, 2015 Report Share Posted April 19, 2015 ^^^ Follow that to the "T" and you'll be fine. Worst case scenario, you may offer the bum $500 back.. IF you're feeling charitable. Then tell him to kick rocks. After 15 years, personally, I'd tell the guy to piss up a rope. 3 Quote Link to comment
john510 Posted April 19, 2015 Report Share Posted April 19, 2015 Dont give the guy the car whatever you do ! he probably came to get it when he found out what 510's are worth now.Who has the title ? 2 Quote Link to comment
datzenmike Posted April 19, 2015 Report Share Posted April 19, 2015 That's what I thought too. Avarice can jog the memory like nothing else can. 1 Quote Link to comment
flatcat19 Posted April 19, 2015 Report Share Posted April 19, 2015 Pound sand if the title is in your name. What does your uncle have to say about this? Quote Link to comment
ggzilla Posted April 19, 2015 Report Share Posted April 19, 2015 Abandonment. Look it up. Quote Link to comment
r0p0doe Posted April 19, 2015 Report Share Posted April 19, 2015 Pretty much what everyon said don't give it to the guy, he put $500 down 15yrs ago and out of the blue wants it now sounds like he's trying to get it to make a quick buck since the market is going up for them. We need pics and more detail of the said "deal" he had with your uncle and like they said it was between them not you so it's not your problem well sorta... Quote Link to comment
Scgreen620 Posted April 19, 2015 Report Share Posted April 19, 2015 Not trying to be a dick but is some jerry springer shit! Hope you keep the car ....... Screw that guy.. Finders keepers Quote Link to comment
Dolomite Posted April 20, 2015 Report Share Posted April 20, 2015 I'm on the tell him to kick rocks and piss up a rope whilst pounding a gallon of sand up his ass side of the table. A down payment is forfeited after missing the first payment or not paying at all. Don't give him the 5 hundy either, dude is high on dick stew if he thinks he has a claim to the car. 1 Quote Link to comment
thisismatt Posted April 20, 2015 Report Share Posted April 20, 2015 Since this is CA, who is the title made out to? Quote Link to comment
MikeRL411 Posted April 20, 2015 Report Share Posted April 20, 2015 "A verbal agreement isn't worth the paper it's written on" to quote one of the founders of MGM Studios. That's legally true unless there's some written confirmation that a deal was struck, Plus, he abandoned whatever claim he "might" have had due to inaction for 15 years. "Pound sand" as suggested sounds like a very good response to me. Not even the shadiest lawyer would take this case, and if one did, report that fool to the state bar! Quote Link to comment
MicroMachinery Posted April 20, 2015 Report Share Posted April 20, 2015 15 years? That deal was made last century.. hell, last millennium. Quote Link to comment
MicroMachinery Posted April 20, 2015 Report Share Posted April 20, 2015 Who is this Celica guy you keep talking about??? Quote Link to comment
Ratwagon1600 Posted April 20, 2015 Report Share Posted April 20, 2015 Aussie law, particulary contract law although like most legalise (pretty complex) says a verbal agreement to buy, and an agreement to sell (technically) means a binding agreement. Having said this, it has to be proven in a court of law "beyond reasonable doubt". No idea on Murican law apart from the fact you guys live in a pretty litigious society. Now, what would RW do in this case I hear you ask ??? Tell the guy to (politely) fcuk off. Its your Datsun. Quote Link to comment
thisismatt Posted April 20, 2015 Report Share Posted April 20, 2015 Trollers gonna troll Quote Link to comment
EastBay521 Posted April 20, 2015 Report Share Posted April 20, 2015 ask to guy for his address to send him a payment. get the bitch runnin and do some nice one leggers in front of his house till e calls the police.rub it in his face 1 Quote Link to comment
ggzilla Posted April 20, 2015 Report Share Posted April 20, 2015 American law is based on English case law. Yes, a verbal contract is binding. But I'm guessing that after 15 years of abandonment, the buyer has broken the contract. 1 Quote Link to comment
banzai510(hainz) Posted April 20, 2015 Report Share Posted April 20, 2015 Typical 510 owner Im sure you got it looking good and running as he was to lazy to get it going and looking nice himself Quote Link to comment
MikeRL411 Posted April 21, 2015 Report Share Posted April 21, 2015 American law is based on English case law. Yes, a verbal contract is binding. But I'm guessing that after 15 years of abandonment, the buyer has broken the contract. "A verbal contract can be enforced if it is evidenced in writing" is the exact legal view. Meaning? There must be some acknowlegemet in writing as to the agreement being made, and preferrably stating the terms. Absent the written acknowlegement you are in a "he said but there is no evidence of any agreement." Quote Link to comment
ggzilla Posted April 21, 2015 Report Share Posted April 21, 2015 I see that you are not a lawyer... Quote Link to comment
MicroMachinery Posted April 21, 2015 Report Share Posted April 21, 2015 I see that you are not a golfer... Quote Link to comment
Three B's Racing Posted April 21, 2015 Report Share Posted April 21, 2015 Like was previously mentioned about storage and not coming to get it. 15 years ago $500 15 years x 12 months= 180 months,$500/180= $2.77 a month storage fee CASE CLOSED!!! This happened to a friend of mine with a 12 year lapse with said vehicle sitting in his back yard. Was taken to small claims friend claimed storage fee for it sitting in his backyard, took a whole 10/15 minutes to hear both sides my friend won hands down and we laughed. Quote Link to comment
Mattndew76 Posted April 21, 2015 Report Share Posted April 21, 2015 Google the statutes. Oregon has the same Statute of limitations as California, and the limit is 7 years. He has no legal recourse or right to the car. He can sue your family member for 500$ in small claims but again the 7 year statute has lapsed 2X. The car is yours if you have it documented into your name. 2 Quote Link to comment
Lockleaf Posted April 22, 2015 Report Share Posted April 22, 2015 Mike411 - quit trying to quote the exact meaning of a legal phrase. They rarely have one, which is why lawyers still have jobs. GG is right. The US considers verbal contracts as potentially enforceable, subject to what is known as the "statute of frauds" which has nothing to do with proving fraud. Granted, there is a huge evidence burden to prove it, and this Dbag wanting the car doesn't have leg to stand on. He's up shit creek like 6 different ways. I will happily send you the chapter from my law school text book entitled verbal contracts and the statute of frauds. Quote Link to comment
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