Leasing vs buying - avoiding overzealous law enforcement | FerrariChat

Leasing vs buying - avoiding overzealous law enforcement

Discussion in 'Canada' started by crazy canuck, Jan 12, 2011.

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  1. crazy canuck

    crazy canuck Formula Junior

    Jun 20, 2005
    426
    West Coast
    Having read through the Ferrari confiscation thread with much interest and horror - it got me thinking.

    Let me start by saying I am not an advocate of reckless driving i.e. going 150km/h in a school zone - the purpose of this thread is to discuss how one could protect themselves from an overzealous officer who out of error, jealousy or spite decides to take someones car away and play judge jury and executioner.

    Driving down highway 1 a few weeks back - I saw a sign that showed a 60 km/h limit-- there was no construction going on at that time that I could see and virtually no traffic to speak of (late at night). It occurred to me that someone going 100km/h on highway 1 past that sign under those conditions could have their car confiscated and sold.

    Similarly driving on a the coquihalla at 140 km/h on an open stretch could result in the same fate.

    But what I started this thread to discuss specifically, is if you were to lease your car with very little down, would this prevent the confiscation and / or sale of that vehicle as the creditor would be "upside down" in the car?

    How does one protect / fight against a cop who just decides to say that he's going to take your car away and sell t - without a day in ourt before a judge ?
     
  2. MS250

    MS250 Two Time F1 World Champ
    Lifetime Rossa

    Dec 10, 2003
    26,571
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    simple -

    you signed the lease, you owe the money on the monthly and buyout - not hard to figure out.

    Ontario is not as bad as what you guys got, but its the same crap - its the law, so obey it.
     
  3. crazy canuck

    crazy canuck Formula Junior

    Jun 20, 2005
    426
    West Coast
    I'm not asking whether having your leased car seized is a loophole to your lease obligations -- to the contrary --

    I am asking, would a leased car that someone is upside down in (the car is worth less than the amount oweing on the lease) less attractive to overzealous cops because they would have to pay money more money to the leasng company that the car is worth to sell the car ? (negative equity) ?
     
  4. tjacoby

    tjacoby F1 Rookie

    Nov 1, 2003
    2,857
    Vancouver Canada
    Full Name:
    tj
    there was indications the Ferrari confiscated in North Vancouver, and sold-off, had the owner of the vehicle, the lease company, made whole. Only the leasee was financially impacted.

    Big headline in the paper this morning of the BC govt bragging about how they've confiscated $15m in assets, with only one court case to overcome. Most of the dollar value were houses, as a result of grow ops.
     
  5. crazy canuck

    crazy canuck Formula Junior

    Jun 20, 2005
    426
    West Coast
    You are right -- saw that in the paper -- they said that the house was worth around 1.3 but after paying mortgages, the ended up with $650K.

    That's why I'm thinking --$350K Ferrari (owned by lease co) buyer puts $50K down -- but the market says that the F is worth 280K -- would they just give the car back to the owner ?-- because they can't sell it without clearing the title like the house example above.....hmmmm
     
  6. tjacoby

    tjacoby F1 Rookie

    Nov 1, 2003
    2,857
    Vancouver Canada
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    tj
    Sounds like you might need some billable hours from a lawyer :)

    I'd never base a legal strategy on a newspaper article! Nothing in life is as simple as a filler 200 word article cranked out in 15 minutes by some hack.
     
  7. Prancing 12

    Prancing 12 F1 Rookie
    Silver Subscribed

    May 11, 2004
    2,757
    The long way home
    So your whole idea hinges on finding a lease company dumb enough to put themselves into this "upside down" position in the first place?

    If you haven't noticed, a lot of leasing companies have more than enough experience with being "upside down" in the last couple years that they'll likely not be a willing participant in your plan.

    Your example of the $1.3MM home goes against your strategy. The home was valued at $1.3MM and had a mortgage of roughly $650k, with equity of $650k... They weren't "upside down" in that case.
     
  8. ClassicFerrari

    ClassicFerrari F1 World Champ
    Lifetime Rossa

    Jan 7, 2004
    16,798
    Toronto
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    Vasco
    I am no expert in leasing but the deals i've done in the past the buyer had to guarantee the residual when leasing used cars.
     
  9. tjacoby

    tjacoby F1 Rookie

    Nov 1, 2003
    2,857
    Vancouver Canada
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    tj
    The strategy is to limit the risk of confiscation to, say - 20-30% of the value of the car, by using a leasing company as the owner. rather than risking 100% of the value of the car.

    If can be tied into another deal, such that the paper on the car is underwater, but a house/business/other-cars more than make up for it - maybe the entire risk can be reduced, and the owner can comfortably drive at 100km+ over without direct financial risk.

    Not an approach I'd take myself.
     
  10. Pransingh Horse

    Pransingh Horse Formula Junior

    Sep 27, 2006
    543
    Vancouver, Canada
    #10 Pransingh Horse, Jan 13, 2011
    Last edited: Jan 13, 2011
    You do raise a good point about securing the leasing company with another asset and being upside down in the car. The intention is not to screw the leasing company - it's to protect your investment from a cop who now has the right to take your car at his sole discretion -- without a day in court - and based on his "interpretation" of the evidence. So if your speedo is out by 10% ( most cars are not 100%__ and different wheels can impact this too ) and his radar gun is off by 10% ... Or worse yet ...his "visual estimation" of your speed is off by 10-20% ( I have heard that a cops visual estimation ) can be used in these cases..do the math

    Say you were going 110 in a 100 zone - 10%+20%= 30% -- 30% plus the 10 over you were doing just got your car taken away and sold -- for 10 km/h over or less.. Sounds a bit heavy handed.
     
  11. crazy canuck

    crazy canuck Formula Junior

    Jun 20, 2005
    426
    West Coast
    I wonder if cars registered in a company name are equally at risk ?.. Or would they determine that even though it is a limited company - if the driver is the sole director of said company than they would confiscate as per usual.But mind you limited companies are different legal entities than their directors

    Hmmm..any lawyers on the board care to comment ?
     
  12. Ferrariguy2

    Ferrariguy2 F1 Rookie

    Apr 5, 2004
    3,092
    Naples, Florida
    Full Name:
    Chief
    I wonder if at some point these absurd laws will end up doing the opposite of what they are intended. For example, lets assume these laws are only the beginning, and they will continue their path of becoming more and more restrictive. At some point, a speeder may decided that instead of having their car impounded, then sold (along with every other asset - as punishment), go to jail, get raped, then deported to Siberia, etc..... they just rather not stop and instead, try to outrun the bastards.... there becomes a point where you won't have anything left to loose so you might as well.
     
  13. crcs

    crcs Formula 3
    BANNED

    Apr 18, 2009
    1,306
    Burlington Ontario
    Best thing you can do for yourself if you are financially able is to leave Ontario period. It's only going to get worse and worse. So many areas in the world where you can essentially do whatever you want especially with cars. Why stay in a place that has 0 to offer? **** roads, **** weather, **** government?
     
  14. crcs

    crcs Formula 3
    BANNED

    Apr 18, 2009
    1,306
    Burlington Ontario
    Actually there is a theory that most laws end up having the OPPOSITE effect. It's just sad that laws are judged based on their merits vs actual results.
     
  15. Ferrariguy2

    Ferrariguy2 F1 Rookie

    Apr 5, 2004
    3,092
    Naples, Florida
    Full Name:
    Chief
    Did that 4 years ago. Without trying to put my former home down (because I do like Ontario), it was honestly by far the best decision I ever made.
     
  16. MS250

    MS250 Two Time F1 World Champ
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    Hopefully with Ford in the picture for toronto - and McKinney on his way out in Ontario - this hard left wing movement has run its course.

    why we havent raised the series 400 hwys speed limits too 110 kms , boogles my mind... they can still keep the 150 km/h racing law in effect if they wanted too ... which is still better than what was imposed out West.
     
  17. f1karting

    f1karting Karting

    Jul 19, 2006
    235
    BC Canada
    Full Name:
    Jan H
    I live in BC..

    Here are some of my risk reduction strategies...

    >bury car ownership deep in company (not sure if it helps..legal question still needs answering)
    >install top level radar and laser jammer (cheap insurance these days really)
    >run Trapster app on i-phone (also very good to ID enforcement blitzes)
    >in urban centers and highways drive within the law
    >always take back road routes to all locations
    >only take advantage of less patrolled roads, back roads, uphill sections.
    >other drivers that can report license must not be able to catch up and read license plate!
    >when on long trips, stop frequently to balance time/ distance in the event of cops waiting down the road.
    >always be nice to the cops..even if they level some chicken sh%t charge at you.
    >always "yes sir" "no sir" "three bags full sir"
    >dont wear hats hip hop style.. cops hate that AND young drivers.

    .. please add your ideas..
     
  18. f1karting

    f1karting Karting

    Jul 19, 2006
    235
    BC Canada
    Full Name:
    Jan H
    Here is another point that law enforcement never consider. And thats how speed limits are set.

    Being involved in the Traffic Engineering field I can tell you that (other than the obvious like school zones etc and high risk sites) speed limits are set by:

    > political will (often by local govt)
    > 85th percentile speed (not often enough)
    > road highway design standards which are based on, low friction surfaces (wet roads); lowest average vehicle performance and mechanical grip (usually decades old performance stds); traffic volume, and drivers that may be unskilled or impaired, such as elderly, young, immigrants, or those with bad eyesight.

    In reality, a high performance car, on dry, daytime roads, with no traffic, driven by a skilled driver could perhaps safely travel at 1.5x the posted speed.

    my further 0.02...

    Law enforcement see the worst drivers, of which I am sure cause most of the serious accidents. I am sure that because that is all they see, that it effects their thought processes. Sad part is, most of the time, they either cant evaluate the good from the bad, or take it personally because of their experiences, or have "god" complex... often these effects causes them to make rash, ill informed decisions. The result is often taken out on the more responsible and aware sports car driver/ enthusiast.

    As to the confiscation issue.... what nexts.. confiscate our clothes for jaywalking!?
     
  19. CDN_Wolf_eh

    CDN_Wolf_eh Formula Junior

    Jul 23, 2006
    269
    Mississauga, Canada
    Full Name:
    Mark
  20. TurboS

    TurboS Karting

    Jul 1, 2007
    219
    Toronto ON
  21. shawsan

    shawsan Formula 3

    Jul 2, 2004
    1,090
    Vancouver, Canada
    -- slow down if, when driving over speed limit, a car far behind you is catching up
    -- slow down on highways when an entry road is coming up on the right where a cop might be parked
    -- try not to be the first in line, get in behind other cars
    -- always slow right down to speed limit when the limit seems ridiculous, like 15 miles per hr. in a town or nearby area where cops can easily clock and ticket you
     
  22. starboy444

    starboy444 F1 Veteran

    Oct 7, 2006
    7,265
    Toronto, Canada
    Full Name:
    Lucas
    [ame]http://www.youtube.com/watch?v=ICq6A_nBKhk&feature=player_embedded[/ame]

    Dashboard camera...cool! Where can we get one of these?

    I could use one for my motorcycle, and record all the idiots who cut me off as well.
     
  23. Steveny360

    Steveny360 F1 Veteran

    Sep 5, 2007
    7,070
    --don't run a front plate
    - when over taking there is less chance for the phone in to get your plate number
    - less chance of getting hit by laser
    - might get a no plate ticket and speeding dropped
     
  24. Den.

    Den. Karting

    Jul 29, 2005
    212
    Toronto
    Full Name:
    Den.
    The irony here in Ontario of course is that the creator of Bill 203, Micheal Bryant killed someone with HIS car and got off!!
     
  25. Northernman

    Northernman Rookie

    Jul 14, 2009
    34
    BC Canada
    Its already happening.
    Many see no point in stopping now, your already screwed, so at least give yourself a chance and try to outrun them.
    Thats the mentality the stupid new laws have created.
    Considering 95% of cops are lousy drivers, its realistic to escape actually.
     

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