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strange situation


mcdarrunt

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We have a 1970 Olds 442 W30 that we can't get rid of and IT'S ALL PAID FOR. Owner is sick and wife wants nothing to do with it even though we have offered to take it to her or to anywhere she chooses. Fear that with all the other activity it might get damaged  Suggestions?

 

 

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Do you mean you sold it and you can't get it picked up or you can't deliver it due to the purchaser becoming sick and his wife not wanting to pick up or have the car delivered?

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Are you, in some way, responsible for this car?  If you are, some additional information would help those on this Forum who would be able to assist you.  Whatever your challenge is, good luck.

 

Cheers,

Grog

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You could tell her you are going to have to start charging her storage after a certain date.  Not to be mean but to get somebody to take action.  Storage for auto towing facilities around here can be very high.  I have heard in the hundreds a day range.  You will either rack a large bill up fast and be able to take the car back or they will realize they need to resell the car or move it.  I would approach her with the my attorney said I need to do this (consult one first of course to be sure you know what you can legally charge)  and give her a deadline telling her that on such a date you will have to start.  That gives her some lee time to make a decision and not a few minutes,  but will put a sense of urgency to the whole matter. 

Sounds terrible but sometimes you have to take the next step.  Sounds like you have been very understanding and as helpful as possible.  

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Conceivably, she could be dealing with grief and overwhelmed? If that is the case, you could make her an offer at a price where you could make some money and she wouldn't be taken advantage of. Perhaps it would be a relief to her to have one less thing on her plate. 

 

Don't ask me where I came up with this possibility. lol

Edited by victorialynn2 (see edit history)
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Duh,

  More information should have been first on the menu. We have a restoration/street rod shop and restored the car from a very rough condition for which we have been paid in full. The owner is as nice a person as one could meet but seems to be completely out of the situation. If it continues much longer we will have to go the storage route but it will have to be at a clean facility since we an all shop facility with no clean show room. Thank you for the suggestions but might ignore the "push it out onto the street" one.

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I hate to say it, but it sounds like it's about time to consult a lawyer.  I'm sure that you have a written contract that mentions the owner-of-record among other things.   It seems that you have wound up as the unwilling physical custodian of the car, and unfortunately, that implies (legally and otherwise) a responsibility to take "reasonable" care of the car.  The term "reasonable" is open to interpretation, and that's what makes lawyers rich.  Assuming that you have property and liability insurance on your shop, I'd consult your insurance company(s) prior to calling in the lawyers.

 

It sounds like a difficult situation.  Good luck.

 

Cheers,

Grog

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It appears you are the unwitting and unwilling custodian of the car.  You need to spend your money on an attorney familiar with the civil property laws of your state. Most lawyers will give a no charge initial consultation outlining your options. Any other advice you receive from us is worth exactly what you are paying for it..........Bob

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Around here the sale is completed upon delivery. That's a state DMV law that designates the consummation of the sale. I would probably just give them a refund. It doesn't look like that hard a car to sell. Especially if you have awakened at 2 or 3 AM and thought about that car. Those things I make go away as fast as I can.

Bernie

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This is a case where the LEGAL thing to do isn't necessarily the RIGHT thing to do.  The poor woman is apparently dealing with the health issues of a spouse.  The car wouldn't be anywhere NEAR my highest priority under those conditions.  Cut her some slack.  I'm frankly amazed at the cold responses in this thread.

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14 hours ago, mcdarrunt said:

wife wants nothing to do with it even though we have offered to take it to her or to anywhere she chooses.

 

Cold hearted? The OP is in business to feed and provide for his family. He has offered to work with her and deliver the car to her or her agent. She prefers to place the onus on the unwitting shop owner, possibly also placing legal liability on him. Doing the "right" thing rather than the "legal" thing could easily come back to emperil his livelihood.............. Bob

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57 minutes ago, joe_padavano said:

This is a case where the LEGAL thing to do isn't necessarily the RIGHT thing to do.  The poor woman is apparently dealing with the health issues of a spouse.  The car wouldn't be anywhere NEAR my highest priority under those conditions.  Cut her some slack.  I'm frankly amazed at the cold responses in this thread.

 

Well said, Joe.

We don't know all the facts of the situation.

If storage fees must be charged eventually, they

certainly should be the reasonable kind.

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Not a lawyer here...............but:  

He's in procession of the car. Does that make him libel for any damages to it. If someone gets hurt moving the car who is libel? Whose insurance pays? Say the car languishes for month, or years, who foots the bill for that? Suppose it's stolen? Who's libel. Suppose she says he's negligent. Who's going to pay for his defense? Every hour he futzes around with the car, who picks up the tab for the billable hour wasted?

Sorry boys, but the "right" thing to do is consult an attorney, determine the options, and protect his business and his and his employee's families from damage.

Anything less may feel soft and fuzzy but it's just plain foolish..............................Bob

 

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We had an almost identical situation a few years ago. For 2 years we tried to get the owner of the car to retrieve his vehicle. There was no money due. We finally had to hire an attorney. A letter from the attorney stirred these folks into action. We had notified them by registered letter more than a year before that we were going to start charging a reasonable storage fee, which we did. In the end we settled for 1/2 the accrued storage fees. We just wanted the car gone. Some people just cannot be understood.

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41 minutes ago, Bhigdog said:

Not a lawyer here...............but:  

He's in procession of the car. Does that make him libel for any damages to it. If someone gets hurt moving the car who is libel? Whose insurance pays? Say the car languishes for month, or years, who foots the bill for that? Suppose it's stolen? Who's libel. Suppose she says he's negligent. Who's going to pay for his defense? Every hour he futzes around with the car, who picks up the tab for the billable hour wasted?

Sorry boys, but the "right" thing to do is consult an attorney, determine the options, and protect his business and his and his employee's families from damage.

Anything less may feel soft and fuzzy but it's just plain foolish..............................Bob

 

 

Any shop that is in business already has insurance for exactly these liabilities.  If not, the shop has a much bigger risk in protecting "his and his employee's families from damage".  I find it hilarious that in other threads we frequently bash the overreach of lawyers, yet here the first thing is "call a lawyer".  If this were a deadbeat customer, I'd be the first one saying that.  Given what (little) we know of this particular situation, I'd be willing to cut some slack. 

 

Of course, it is not my business nor my risk and thus my advice isn't worth the paper it isn't printed on...

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Keep in touch with the owner or his family, and put the car in storage. Let them know it is in storage and will cost $X per month until they come to get it. Payable in advance.  Will your garage insurance cover it? If not, better be sure it is insured.

 

You can't force them to come and get the car but there is no reason for you to be out money or take the responsibility or risk. One hopes they will get their affairs in order soon.

Edited by Rusty_OToole (see edit history)
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2 hours ago, Rusty_OToole said:

Keep in touch with the owner or his family, and put the car in storage. Let them know it is in storage and will cost $X per month until they come to get it. Payable in advance.  Will your garage insurance cover it? If not, better be sure it is insured.

 

I would add that the notification to the owner/family needs to be in the form of a certified letter with return receipt. 

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Steve,

  I hope I can make this reply in a manor that implies no bigotry or put down. His wife is from the Far East and I'm sure is of completely different cultural background; one where a car is transportation only and nothing like we car nuts in America where we treat one like part of the family. While the car war undergoing restoration they traded their King Air for a full jet so I guess whatever the Olds is worth is probably not that big of deal to her. Her husband, the owner, was super enthusiastic about the project but she never got out of the car to look at it.  I think storage at a clean facility after a registered letter is the best advice given. My concern is I'm sure she will have to sign the storage rental papers because I sure can't be responsible. Thank you all.

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Again, get a lawyer to review the contract you had with the owner.  As long as you retain physical custody of the car, you accrue certain liabilities.  What does YOUR insurance company say?

 

Best of luck,

Grog

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10 hours ago, mcdarrunt said:

Steve,

  I hope I can make this reply in a manor that implies no bigotry or put down. His wife is from the Far East and I'm sure is of completely different cultural background; one where a car is transportation only and nothing like we car nuts in America where we treat one like part of the family. While the car war undergoing restoration they traded their King Air for a full jet so I guess whatever the Olds is worth is probably not that big of deal to her. Her husband, the owner, was super enthusiastic about the project but she never got out of the car to look at it.  I think storage at a clean facility after a registered letter is the best advice given. My concern is I'm sure she will have to sign the storage rental papers because I sure can't be responsible. Thank you all.

 

This is really rich. It illustrates the pitfalls of reading a situation with minimal information and emotionally  reacting to it.

The perception of the situation has gone from a sweet and loving wife overcome with worry, to a young hottie more concerned with a chip in her well manicured fingernail.

The truth likely lies somewhere in the middle.

Let the guy get out from under this with minimal judgement  or criticism....................Bob

 

 

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So,

 

Now that hat you have updated your thread to reflect you did a restoration- not a sale - on this vehicle ....

 

Did you have a formal written contract for the restoration work ?

 

If so - who prepared the contact ?

 

An element of a written contract for any work should contain terms & conditions for storage - that is a standard term.

 

Whatever legal jurisdiction you operate in has terms & conditions for mechanics' lien filing - delivery of notice -  collection.

 

Since you have been paid for in full for the work performed - the storage fees would be addressed by a mechanics lien.

 

Sounds like you need to address the contracts you enter into for the services you perform.

 

You may or may not need the services of a lawyer - you might want to talk to other restoration shops in your area to see how they would handle the situation.

 

 

Jim

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I believe it 's a very limited number of cases (like this)  where work has been performed and completed all bills paid up so nothing is owed on a project of any type and then the person that had the work commissioned will not want to take possession of the item.    99.9 % of the time the person will be ecstatic to get their item.  (this could apply to almost anything from a car, boat, piece of art, Etc. )   Usually the thing that holds the process is the person's ability to complete the final payment. 

I wouldn't be surprised if very few people have a clause in their contracts that establish a delivery or pick up time frame once all work has been paid for.   Mainly because it is usually never needed. 

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As with titling questions every state is different when it comes to how to take care of your situation. For example, believe it or not. in PA a Mechanic's Lien does not apply to auto repair shops. Likely one letter from an attorney, delivered via Registeeed mail would solve your problem.

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18 hours ago, Roger Walling said:

 In Ma. storage may be charged even if the owner did not see your sign that states so.

 

I think most states allow businesses to levy a storage lien on vehicles that are not picked up within a certain time.

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Totally unrelated.

I sold a junker to a guy, got paid and he said he would be by to get it.

It was a VW.

I got to work the next day and the car was gutted of just about every item that could be unscrewed.

I knew where the guy lived so drove by his place. I saw all the parts thru his opened garage door.

I delivered the shell that evening.

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