mcdarrunt Posted July 24, 2017 Share Posted July 24, 2017 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? Link to comment Share on other sites More sharing options...
MCHinson Posted July 24, 2017 Share Posted July 24, 2017 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? Link to comment Share on other sites More sharing options...
capngrog Posted July 24, 2017 Share Posted July 24, 2017 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 Link to comment Share on other sites More sharing options...
billorn Posted July 24, 2017 Share Posted July 24, 2017 Push it into the street and tell the wife where to find it? Link to comment Share on other sites More sharing options...
mike6024 Posted July 24, 2017 Share Posted July 24, 2017 I suppose the wife would rather have the purchase price refunded. Offer to her to sell it again at a discount and give her that money if she consents. Link to comment Share on other sites More sharing options...
auburnseeker Posted July 24, 2017 Share Posted July 24, 2017 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. 2 Link to comment Share on other sites More sharing options...
Trulyvintage Posted July 24, 2017 Share Posted July 24, 2017 You are a business I assume. One of the elements of a contract is transfer of title and possession. This should have been specified in your sales contract. Jim Link to comment Share on other sites More sharing options...
victorialynn2 Posted July 24, 2017 Share Posted July 24, 2017 (edited) 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 July 24, 2017 by victorialynn2 (see edit history) 2 1 Link to comment Share on other sites More sharing options...
mcdarrunt Posted July 24, 2017 Author Share Posted July 24, 2017 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. 1 Link to comment Share on other sites More sharing options...
Xander Wildeisen Posted July 24, 2017 Share Posted July 24, 2017 Are you 100% sure that they are the owners of the car? Link to comment Share on other sites More sharing options...
capngrog Posted July 24, 2017 Share Posted July 24, 2017 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 1 Link to comment Share on other sites More sharing options...
Bhigdog Posted July 24, 2017 Share Posted July 24, 2017 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 1 Link to comment Share on other sites More sharing options...
60FlatTop Posted July 24, 2017 Share Posted July 24, 2017 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 Link to comment Share on other sites More sharing options...
joe_padavano Posted July 24, 2017 Share Posted July 24, 2017 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. 5 Link to comment Share on other sites More sharing options...
Bhigdog Posted July 24, 2017 Share Posted July 24, 2017 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 1 1 Link to comment Share on other sites More sharing options...
John_S_in_Penna Posted July 24, 2017 Share Posted July 24, 2017 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. Link to comment Share on other sites More sharing options...
joe_padavano Posted July 24, 2017 Share Posted July 24, 2017 (edited) 1 hour ago, Bhigdog said: Doing the "right" thing rather than the "legal" thing could easily come back to emperil his livelihood.............. Bob How? The car and work are FULLY PAID FOR. Edited July 24, 2017 by joe_padavano (see edit history) Link to comment Share on other sites More sharing options...
Bhigdog Posted July 24, 2017 Share Posted July 24, 2017 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 3 Link to comment Share on other sites More sharing options...
Restorer32 Posted July 24, 2017 Share Posted July 24, 2017 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. 2 Link to comment Share on other sites More sharing options...
joe_padavano Posted July 24, 2017 Share Posted July 24, 2017 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... Link to comment Share on other sites More sharing options...
Rusty_OToole Posted July 24, 2017 Share Posted July 24, 2017 (edited) 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 July 24, 2017 by Rusty_OToole (see edit history) Link to comment Share on other sites More sharing options...
joe_padavano Posted July 24, 2017 Share Posted July 24, 2017 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. 1 Link to comment Share on other sites More sharing options...
Steve Moskowitz Posted July 24, 2017 Share Posted July 24, 2017 I hope the OP comes back here and explains the situation better. Too much supposition and little facts to go on. I would hate to see the family harmed in any way. It's an Olds so I especially want to see it handled so it does not go to an unappreciative home. 4 Link to comment Share on other sites More sharing options...
mcdarrunt Posted July 25, 2017 Author Share Posted July 25, 2017 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. Link to comment Share on other sites More sharing options...
capngrog Posted July 25, 2017 Share Posted July 25, 2017 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 Link to comment Share on other sites More sharing options...
Brass is Best Posted July 25, 2017 Share Posted July 25, 2017 If they are a short distance from you drop it off on their front lawn and be rid of the liability. 1 Link to comment Share on other sites More sharing options...
Bhigdog Posted July 25, 2017 Share Posted July 25, 2017 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 Link to comment Share on other sites More sharing options...
Trulyvintage Posted July 25, 2017 Share Posted July 25, 2017 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 Link to comment Share on other sites More sharing options...
auburnseeker Posted July 25, 2017 Share Posted July 25, 2017 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. Link to comment Share on other sites More sharing options...
R Walling Posted July 25, 2017 Share Posted July 25, 2017 In Ma. storage may be charged even if the owner did not see your sign that states so. There is also a law making it illegal to abandon a motor vehicle. The owner can not renew his/her licence if there are charges pending. Link to comment Share on other sites More sharing options...
mercer09 Posted July 26, 2017 Share Posted July 26, 2017 I would think the owners address would have been given to the shop at the beginning of the restoration. I would deliver the car to that address and be done. 1 Link to comment Share on other sites More sharing options...
Restorer32 Posted July 26, 2017 Share Posted July 26, 2017 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. Link to comment Share on other sites More sharing options...
joe_padavano Posted July 26, 2017 Share Posted July 26, 2017 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. Link to comment Share on other sites More sharing options...
JACK M Posted July 31, 2017 Share Posted July 31, 2017 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. 2 Link to comment Share on other sites More sharing options...
padgett Posted July 31, 2017 Share Posted July 31, 2017 That was my definition of a #6 - a car you would pay more for parts than the whole thing. Link to comment Share on other sites More sharing options...
JACK M Posted July 31, 2017 Share Posted July 31, 2017 (edited) Yea, well he had the title by then so it was his. He had forgotten the last part. LOL Edited July 31, 2017 by JACK M (see edit history) Link to comment Share on other sites More sharing options...
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