lamborghini reported stolen after i bought it

Its the $1,000,000.00 question! Drum roll pease!!!

 

Why are you calling your dead brother a buffoon?

 

So im addicted to F-Chat, so what!? My employees seems to enjoy it when I "conduct private research" in my office for hours on end!

 

So what? Well, it strikes me as funny that someone who posts here that much would post that another should "get a life". It is just a ridiculous thing to assert.

 

Glad to know that I amused someone today! Did it maybe occur to you that I engaged in this forum to ASK questions and maybe post a little humor? Is there a ruling which states that one should limit their "quarterly" post? Until you give me a valid reason as to why I shouldn't have the amount of posts for the 3 months I've been here, I will continue to post. Is that ok with you? Thanks man!

EDIT: Oh, and as for the "get a life" statement. If a particular poster will post only worthless, unrelated comments to a thread just to simply "attack" another poster, I think he/she needs to "get a life"!

 

You spend too much time thinking about it.

 

Scary.

 

Can we please end this thread? This is getting ridiculous!

 

You would have surrendered a valuable asset you rightfully and legally puchased, were the BFP bona fide purchaser of, had clear title to, just because some company MAYBE had a claim on the car, and got some out of state judge to issue a seizure order?

Can you tell me where you live, what type of car(s) you have, etc. because I may have potential claim against them....don't worry if it has any merit, don't worry if in the end the courts find my claim totally bogus, after a whole year or more of legal wrangling, while the whole time we're wrangling your car is taken away from you and not in your posession.

Thank you, and also the words, weak, pushover, and p***y come to mind there too. Yeah just hand over everything you've worked hard to buy, to the cops, the judges, US customs, your neighbors, lawyers, I mean anyone who tells you to right?

I am assuming in Canada there was no class or emphasis on CONSTITUTIONAL RIGHTS? Here in America, most of us take that very very seriously.

From wikipedia "A bona fide purchaser for value without notice will not be bound by equitable interests that he/she does not have actual or imputed notice of, as long as they have taken "such inspections as ought reasonably to have been made". Depending on the laws of the relevant jurisdiction, when a party fraudulently conveys property to a BFP, such as by selling the BFP property that has already been conveyed to someone else, that BFP takes good title to the property despite the competing claims of the other party so long as the BFP properly records the transaction. Other parties with claim to ownership will have a cause of action against the party who made the fraudulent conveyance."

You may need to read that a couple times for it to sink in.

 

getting ???

1 vote for leaving it open. close it and we'll just get a "what is the status of" thread... Actually pretty tame considering the subject matter, and the obvious emotions for those directly involved. I'm surprised things have been so calm (relative).

 

Also specific to rights of us folks in the grand old USofA, the Fifth and Fourteenth Amendments, which provide that: A person shall not be deprived of any interest in liberty or property without due process of law. In practice this has been interpreted to require adequate notice of the request for judicial relief and an opportunity to be heard concerning the merits of such relief.

What it means is that if the property isn't classified as outright stolen from a simple theft (such as you would be responsible for 'receiving stolen property if you were not to hand it over), no one can just come and grab it from you, and even though there are ways to temporarily snake around the issue, such as ex parte judge's order, at that point the game is on, you against those looking to deprive you of your property.

Even though the judge in this case granted ex parte relief, meaning 'FUXING SURPRIsE! Your car is now being taken!" it doesn't invalidate the above, and certainly doesn't make you any kind of felon if you further secured the interests in property you have already legally secured your interests in. You are simply exercising your constituional rights.

All it means is this: Once such an order issued, if you're stupid enough to leave your valuables sitting around in someplace they're likely to grab them [assuming you've been given some secret notice or forewarning, such as 72 hours prior from Roy in this case] - then yes they're going to come take away what you CONSTITUTIONALLY OWN and then instead of HAVING IT as a bargainng chip in your legal dealings, you are now even more on the defensive and will have an even harder time in court.

Let's make it simple, let's say that you owe me a million dollars, based on some paper we signed. Let's say there was a problem with that agreement, legally. If I have to goto court to try and get the money from you, during all the legal proceedings, includng the potential to come to an out of court settlent,are you in a better position if: A. The money is still in your possession B. The money is in the court's position C. The money is in my possession and you are trying to get it back.

This is another total DUH. Again mksu19 I don't know if in Canada when stuff likes this happens your constitution says "If you buy something and legally own it, if someone somewhere has a claim to it, get out the lube, bend over and hand it over, and be damn scared of the police too".

Even beyond the constitutional issue, if someone anyone ever came to take away something I had legally owned and purchased with $100,000+ of my money (remember this car in Roy's case IS NOT stolen property, it simply has a title dispute open in a court somewhere), well you ever see that reality SWAT show on A&E where they come with the battle ram and the grappling hooks, and tear the entire front of your house to get inside? That's what you would need. Viva America!

 

He posted on this thread TODAY!

 

Well Roy's lawyer might have told him to stop talking about it as well.

In thinking about it, if back in his first post, instead of assigning blame all over and/or trying to escape or minimize culpability Roy instead just had said "Dear Fchat members, out of the all cars we've sold we've finally had our first instance of title fraud on behalf of an owner several prior to the current owner. We are working with the new owner and our insurance to get him his money and/or the vehicle back. We value our customers and business relationships, and will of course make this right with our customer no matter what we have to do or what lengths we have to go to. It may take some time as again this was totally unforseen and unavoidable but in assigning blame, our customer bears none and we will do our utmost best to protect his interest and make him whole finacially"

Well this entire thread would be gone, and replaced by posts saying "Wow, feel bad for everyone, hope you work it out".

It's the difference between going on the defensive, going on the offensive, and simply doing customer service and PR control. Choice 3 would have been the wisest, no matter what Josh posted, Roy should have kept posting something to the above, over and over and over.

Also in regards to the slander/libel claim, that's B.S. as the Internet is the number one place for customers who have been wronged to voice their concerns, and courts give big big big latitude to this. In fact in order for Josh to ever qualify for slander he would have to email blast a lot of people and broadcast with that specific intent. He would have to rent the mailing list of Car&Driver and MotorTrend and print up 10,000 postcards saying how Roy rips people off, and mail them out. THEN and only then would you get to slander/libelous activitiy.

A legitimate customer voicing his concerns and re-stating facts 'as he sees them' in a public forum focused on that industry? 100% within his rights. And I know i'm going to open a whole can of worms in posting this next part, but, have you ever seen the website www.ripoffreport.com ??

 

tbh its not an important question - yes its interesting and if true will help show Roy in a good light, but important it is NOT
regardless of whether or not Roy told Josh someone was looking for the car, the simple fact is that Josh has forked out a lot of money with a licenced motor trader and yet the ownership of his car is in duspute

now no one that ive seen is saying this is all Roys fault, but the legal eagles here do seem to be saying that as a licenced motor trader it is his responsibility (do you understand the difference here between fault and responsibilitiy/liability - because if not you have no place making any form of comment)

 

Which part of the "" didn't you understand?

 

JOSH......How much did you buy that lambo for? I read in your past post you were looking for either a blk or orange G with high mileage,also how old are you??

 

i want to know how a judge in another state can issue anything (writ?) that would allow a $100k+ car that is registered, tagged, titled, and insured by someone in another state to be taken by law enforcement. also, they had the car for over 90 days, its not like the title transfer was "pending" and they were on a temporary state issued tag.

to me that is the worst part of all of this.



" ? "


michael

 

Could be a federal judge. The order is ex parte for relief, meaning whatever it is at stake or in dispute is likely a mobile asset likely to be secreted away if the current possessee is made aware of the case, which is their constitutional right of course, but technically the car isn't being permanently removed from them, just 'stored' by the court until the matter is sorted out. People who rightfully own $100,000+ cars, if told that their car is in jeopardy, certainly aren't going to leave them out, or 'bring the car to the police' station as our canadian friend above suggested. So your right are potentially circumvented until things are sorted out. I say potentially because if they can't find the car, then that's their problem.

Also in regards to 'how' and 'out of state' even if not a federal judge - when it comes to property owner rights or motor vehicle related matters, almost all states have 'reciprocity' agreements with other states. This is because it's still all the USA, and not taking the car from France to Germany. So taking a vehicle to another state doesn't quite put it out of reach of the original state's courts, and the future state will expend some resources to serve the order, and they expect the original state will reciprocate in the future should one of its courts issue such an order (in reverse) in the future.

 

This not a dispute between a couple big companies slugging it out over some contract. This a consumer, a private citizen/purchaser against: a licensed car dealer.

I’ve held some things back that are cards to play, and in thinking about it over these days if I put myself in the purchaser’s shoes, and I couldn’t even tell you how insane I would be or the lengths I would go to to recover my money from the car dealer.

So here it goes. The lawyer thing is the obvious, it’s been told 10,000 times here and everyone knows ‘yeah go get a lawyer’. However then the car dealer gets a lawyer, and then from the dealer’s perspective it almost becomes ‘ well I’ll let my lawyer handle this and I’ll get on with business now’.

If it was me, I mean Roy if you had sold this car to me, my money would have been refunded. Because I would turn up the heat so hot, that you would buy your way out the kitchen as fast as you could. And I wouldn't care if it meant a 3rd mortgage on your house or that you had to sell Cats Exotics or whatever. I paid you, my car is gone, give me my money back, now.

This is what I would do immediately in addition to the obvious step of ‘getting a lawyer’:

1. Within 7 days I would be on a plane to WA. I would be at the local Kinkos or sign shop and create a big giant sign printed on both sides that said in flourescent colors: "Cats Exotics Sold Me a Car With Defective Title. Now I Have NO MONEY and NO CAR. Stop and ask for details".


2. I would stand in front of your dealership, on the public road, with that sign in my hands, all day every day from that point forward. Each person that stopped to ask I would tell them my story. I would carry with me all copies of details of the transaction, along with a copy of the 1st Ammendment.

3. Right before starting that I would hire a local PR agency to notify all local media outlets including radio, television, and newspapers of my plight, and invite them to come by and see me and take my photo and hear my story. If it was a Hyundai people might not care, but the headline 'Lamborghini Owner Protests Local Exotic Dealer' has a different ring to it.


4. I would file complaint/report with the local Chamber Of Commerce

5. I would file a complaint/report with the Better Business Bureau

6. I would file a compalint/report with the body that licenses Car Dealerships in the state of WA.

7. I would register the domain and create the website www.CatExoticsRippedMeOff.com and post full details of my story, inviting anyone else who feels they've been wronged in a similar matter to write and post their stories. I would hire an expert in sEO (search engine optimization) so that the website quickly appeared in searches for 'cat exotics', 'lamborghini', 'exotic car', etc.

8. I would create a report/post on www.ripoffreport.com

9. I would post on every single automotive website on the interenet, telling my story. EVERY SINGLE WEBSITE. I would hire some people fluent in the most obvious foreign languages and in countrys known for wealthy automotive transaction to post in foreign languages on those boards, including German, Italian, Japanese, etc. and even in Arabic in those countries.

10. I would get a lawyer not only in my own state to deal with that end of it, but a lawyer in Seattle, WA as well to deal with any aspects related to the my civil rights of the above.


And I'd keep that up until somehow, anyhow, my money or my vehicle magically arrived at my door. Wouldn't care who paid it or how it happened. Would stop even thinking about that. Would definitely stop talking to Roy.

NOW WORD OF NOTICE: You cannot threaten to do any of the above. You cannot say to someone 'Give me $$money or [do whatever] OR I'm going to go and do all these things on this list'. That would be extortion.

Those things above are rights, and include rights, including the right of free speech. So you cannot threaten them, as that is not only extortive, and you may lose some of those rights.

You must simply exercise them. Once you've made your case to the dealer for refunding your money and are not made whole, you are obviously wasting your breath. Time for action. Simply wake up and starting calling someone else, start doing something else. Start turning up the heat. And keep it up. Make it your new mission in life. Your money will show up.

Roy's probably a great guy, but if you owned a business, that does business with the public, that is licensed, you are open to the PR nightmare above, and this is what keeps these matter quiet or resolves it very quickly long before anyone is made aware of it or anyone makes it to a courtroom. Roy you said you were a policeman correct? How many non-violent protesters exercising their rights of free speech who were not 3rd parties but the original disputant did your arrest in your tenure?

 

+1 Makes things clearer, atleast for me!

 

Mark,

So is this writ that the judge gave a warrant or a prerogative writ? Procedendo, mandamus or quo warranto? In you opinion. I'm trying to understand how a judge in another state (same circuit court maybe?) can issue this and have it carried out.

 

There's a lot of case law out there, just Google 'ex parte' and whatever industry you'd like. For a example at this link is some interesting info http://209.85.173.104/search?q=cache:5vmNbtMIqGgJ:www.fenwick.com/docstore/Publications/IP/IP_Articles/Copyright_Pirates.pdf+ex+parte+sheriff&hl=en&ct=clnk&cd=8&gl=us