Re: what would you do???? ( non truck )
Posted by:
JimmieD
(66.81.28.---)
Posts: 1,090
Date: July 15, 2010 02:06AM
Seems like a pretty defensible position for Trey. The law revolves around the 'reasonable man' equation, of 'What would a reasonable man do in this situation?'
Here a car has been sold for an agreed price, Trey allowed payments, buyer finished paying and came for car. Trey signs it off, hasta la bye-bye. All interests are satisfied.
But, the buyer decides for whatever reason to illegally drive the car without bothering to register and change title to his name. Trey is left as legally responsible for any accident, injuries, deaths, traffic citations etc.
Next the impound yard calls and says TREY'S car, the Chevy legally Registered and titled in his name, is in the yard and come get it, and pay impound fees > or else fees will continue to accumulate against Trey!
A reasonable man has no choice whatsoever but to go pay fees and remove car from impound. Otherwise fees will accumulate against the Registered Owner and yet that same will not even have possession & use of the car! Additionally, Trey would still be responsible for whatever else happened to the car until an unknown future point when buyer finally accepts legal responsibility and registers in his own name, or does not.
Further, Trey has no reasonable choice but to bring the car home where he can store it for free, instead of renting a storage space for a car that he has no interest in or use from.
From the reasonable man point of view in the law Trey is on solid ground. He did what any clear-thinking person would do, to protect their own financial and legal interests to the best of their ability. For a fact he had no other choice or reasonable option.