lamborghini reported stolen after i bought it

\Best MOST correct statement to date...YEP he was DRIVING HIS car, lawfully titled and transfered to him...so why does he not have HIS insurance company take care of it, why does he not have HIS lawyer take care of it...????????

And if I were in a steak house and a cop came in and took my steak away, I would go after the cop, the city and anyone behind him taking it from me...I sure the hell can not blame the restaurant owner for it...HE DID NOTHING Wrong!!

 

He can have his roomate Bubba film it in his new jail cell. Muuuhaaahhaaa

 

but in your example i would still owe you money for my steak even though the steak you cooked for me and gave me was stolen and i was hauled off in handcuffs.

 

???

 

I sell numerous cars to numerous people in many States. I know for a fact many of them do things to skate their sales tax...not an issue with me UNLESS it is an in-state sale...then I AM required by law to collect tax for my state and registration fees when I licnse and title the car for him/her...no skating there...

But I guess now I will have to add to my sale, a clerk/clergy...to give advise on pentince to all customers that may wish to skirt the law in one form or another after they buy from me...?? LOL

AND for you to say THATS why buy from a PRIVATE party, "and if it is OK" manipulate the bill of sale to avoid taxes...NOW that is smart...thats is out and out conspiracy to commit what in most states would be a felony YEA thats a lot better than trying to do it via a legal loop hole in the current California State law...

 

Probably because he doesn't have insurance either... Honestly would this surprise anyone?

 

roy, i don't know if this is directed at me or josh. But my conversation with you was about avoiding paying sales taxes. you didn't mention anything about an attorney in Montana. I wish you had, i might have gone that way. I told you i wanted to flip the car within a year and you told me to drive it around on the previous owners tags. to paraphrase, you said it would be cheaper to pay the tickets for driving on improper/unregistered tags than to pay the $X,XXX in taxes. in maryland you don't have to pay the taxes until you register the car and then it is a percentage of the sales price. I may be wrong, but i don't think you have to pay the taxes unless you register it. You just can't drive it. There is no timeclock "ticking". While appreciate the advice, i chose to register the car and pay the taxes. i only bring this up because it sounded like this kid was clueless and it sounded like the same advice you gave me. i wanted people to know that this kid may have gotten some bad advice. Doesn't let him off the hook. But, it may help to explain his actions.

 

You are ASSUMING it was stolen as everyone here is ASSUMING this car was stolen...that has still YET to be proven, it is and still is I am sure a civil dispute that the leasing company was able to get a judge to sign off on...and HAD JOSH gone in the next day with his title to a court would FOR 99.9% sure have his car back THAT DAY, making the leasing company come to California and try to sue him.

So YES you are correct, you ate it, pay for it, I did not cause it at my fault for you to loose your steak and or car...sue the Butcher and the car delivery/lease company

 

Yes, I do not recall this specific conversation and or the car....but I do get asked all the time on out of state sales...and my answer is the same, check with your state laws, but in some states it is cheaper to pay a civil infraction ticket for improper registration then pay taxes on the car...I KNOW for a FACT that is not the case in California...but it is the case in other states...but it is a decision that each purchaser has to make on thier own...I DONT make anyone do it...I just provide my thoughts and what has been done by previous buyers...

 

I WAS ONLY KIDDING! yes that is a felony and fraud!

 

weather the car was stolen or not does not matter. Its how you are are going about this. A customer buys a product from you and you are wiping your hands free and telling him to deal with it. Sir, I would never buy a car from you.

 

Of course NO ONE is going to come forward and admit they do these things...try to get away with not registring and paying taxes on high dollar cars..

BUT the next time your in Cali, (sorry to pick on you Cali guys...and this does not mean all of you at all!!), the next meet your at, the next cars and coffee..just look HOW many cars do not have PLATES at all, are still running the dealer they bought the car from advertising tag, or how many DO HAVE Out of State plates...MANY MANY from Montana...

They take the chance, they may or may not get away with it...but I can tell you of one person that AFTER 2 1/2 years with no plates and reg in Cali did fianllly get caught...he paid all the money owed, a 10K fine, was sentenced to 30 days in jail, he only did 10 of them..BUT he know carrys a felony conviction on his record...is it worth it...up to each his own I guess...

 

agreed. i don't want to sound holier than thou, because if i thought i could have gotten away with it, i woulda done it. But, i would be careful what advice you give to who cause it could come back to bite you. here is some friendly advice for you. You should have logged off on page 1. Since you didn't do that, you should log off now. you can't win this one and you are digging yourself a hole you might not be able to get out of. Cut your losses now and let this one die, posting on these boards has only downside for you.

 

I can tell you first hand there are plenty as described. I frequent cars and coffee and euro sunday on a weekly basis.

 

And I respect your thoughts and decision...but there is always a two street..

JOSH should have contacted me MONDAY AM first thing, I would have been more than happy to deal with it and see what was up..but know he startes BS threads on many forums..kiks me in the teeth, nuts, you name it...then AFTER wards he calls and asks for my help...yea right, I am on the defensive and am going to do everything I can to protect myself at this point!!

But this is all water under the bridge now...

I made what I consider a MORE than fair offer to JOSH, it is up to him and his lawyer to say yea or nea...the offer stands, there is no room for negotation. And as JOSH knows it has a time frame as I have ONLY so long to challange the TEMP court order, WHICH I CAN not do unless I am the TITLE holder and have legal control or intrest in the item at question.

 

Wow, what a long read!

It seems to me Roy is busy blaming Josh while Josh is busy blaming Roy. One group of people naturally sides with Josh - or just against Roy - and the other side sides with Roy and against the Lambo owner.

Legalities and protocol aside, what would have been the ethical, conscientious course of action?

And I also read the thread about the ex-Cage Murcie that was also involved in some problems with Roy and the company and as soon as the other side was heard from the alleged guilty dealer, the thread was summarily closed, though that speaks to Forum politics vis-a-vis a paying sponsor than justice or any resolution of matters.

Anyway, not to get off topic, but what's happening now? Is Josh about to get his car back? What are the attorneys saying at this point?

 

That's pretty much the minimum, so he got lucky that he wasn't doing even more time.

But if I'm a car dealer, I'm at least going to give my customer the advice that they should have a criminal attorney handling that specific problem now, post haste, rather than "just hope it goes away."

It might take two years for that crime to work its way through the system before the kid gets a surprise knock on his door and finds that his dog isn't being fed because he's now locked up.

Anyway, the car/money is only one issue. The issue above is about non-payment of taxes at the least, or fraud/tax-evasion if handled improperly (e.g. "doing nothing"). Two different subjects that should be handled by two different specialists. In my opinion it would be a mistake to have the same attorney handle both matters, and a critical error to ignore the tax/registration problem.

After that, I'm going to tell my existing and potential customers the *specific* steps that I'm taking, such as paying for autocheck title insurance, to mitigate the *other* situation in the future.

 

This seems more than fair to me. Especially since this complete episode could have possibly been avoided if the kid had registered the car within a normal period of time.....it would have cost only $200 or so if he was registering in Montana...If this had happened it would have been IMPOSSIBLE to impound the vehicle since he would have a title in his name or they would have to let him have it back. It sounds like he had no money for registration and was just driving the car everyday, putting 7000 miles on it, like he stole it

Lesson #1 - Open or dealer assigned titles can cause trouble.

 

I'm not so sure it matters that he didn't register the car. The leasing company got the writ and whether or not he registered it would not have altered anything.

 

If he would have registered it right away the issue would have come to light 3 months ago.....

 

Correct me if I'm wrong, but the leasing company did not get the writ when Josh bought the car, which makes sense given that a certain amount of time has to pass between non-payment by the original lessee and action on the part of the leasing company. As I understand it, they got it a few days before Josh's car was taken.

 

Fair offer???

Wow an offer where it cost him what $3000 per month plus $1 per mile? So $12k rental and $7k for miles, so $20k to drive a car that was HIS around for 3 months. Registed or not, he paid you.

If you don't get the car back are you going to refund that to him? Why not?

I dont think you will get the car back, you might get the money, but in all likely hood this car is gone. You know this. The insurance company is going to cut you a check. So what the hell does it matter if he put 7,000 or 15,000 miles?

I am with Jim on this, this is not Josh's problem, this is your problem. In my opinion I think you should give him another car or pay him back in full.

This deal is not worth your reputation and after that horrible (as in not fair) offer it just dropped a little.

 

It has been alleged that the car was reported stolen a few days after Josh purchased it. Thus, if the car had been registered immediately, the issue would have come up a long time ago.

 

This sounds like an amateur Kid who just opened his own savings account for the first time, won the lottery, and decided to buy a Lamborghini.

Can anyone find his myspace?

 

I'm not sure that information is accurate. If that were the case it wouldn't take 3 months for him to be cuffed and his car taken.