Recent Feedback
I recently traded my car for a four-wheeler which I found out a few days later was stolen. It has been impounded. The stolen four-wheeler has passed through several hands before it reached mine. To the best of my knowledge, it was purchased in the city where I currently live and was stolen just four days later. Since then, it was traded from one person to another, until I traded my car for it. The person I traded with had traded his own four-wheeler and cash for the stolen four-wheeler. Originally this person was going to give me my car back but now refuses to. This person is telling me that I have no rights to the car since it was traded in good faith and that I will have to sue the original thief. However, as I find out more of the story, I believe that this person knew it was stolen and knowingly traded it to me. I am currently looking for a lawyer. Do I have rights or enough of a case to sue the person I traded with, the thief, or both?
Optional Information: State/Country of Question: Kansas Already Tried: I'm currently looking for a lawyer so I can see what my options are. The person who I traded my car to was originally going to give me my car back, but his lawyer is telling him that I have no rights to my car and have no way of getting it back (basically I can't hurt him) so he's not worried and is being nonchalant about it. So, now I am pursuing legal action to find out what my rights are and what methods I can pursue for reparations.
If you can prove that the person you purchased from knowingly sold you a stolen vehicle, you can sue him to get your car back and for all expenses that you have incurred or will incur to get your car back.
You need to get consumer lawyer in your area to go after this person. Interview at least three attorneys and see which one will be a better match for you. You want to look for someone who is not too busy to handle your case; someone who will return your phone calls in a timely manner, and someone who will give you prompt updates on your case.
Click here to find consumer lawyers in your area:
http://www.naca.net/
http://www.lawyers.com/Consumer-Fraud/browse-by-location.html
This person drew up a bill of sale for his part of the transaction. Instead of putting the vin number on the bill of sale, he wrote down a number off of the engine, which was only a few digits long. (Because of this ordeal, I've found out that it is an industry standard for the vin number to be 17 digits long and located in a certain location). This person has a history with four-wheelers and should have known that the vin number wasn't on the vehicle in the place that it was supposed to be, because it was partially ground off and painted over. I came into the deal naive and not knowing this about atvs or I could have recognized it a mile away.If it ends up where I can't pursue the person that I traded with, can I pursue the person who originally stole it? And, if this person doesn't have anything to sue for, is it a lost cause?
Thank you for the additional information.
If it ends up where I can't pursue the person that I traded with, can I pursue the person who originally stole it?
Response 1: Unfortunately no, because you do not have any privity of contract with the thief---there is no contractual relationship.
And, if this person doesn't have anything to sue for, is it a lost cause?
Response 2: See my first response. You have a stronger case with the person that you purchased the vehicle from. Go after him.
Experience: Licensed in Massachusetts and New York
As it turns out, the person whom I traded with decided that it wasn't worth me suing him or the possibility of getting a felony for selling a vehicle that he knew was stolen, so this weekend I was able to get the car back, with the title. Thanks so much for your information, and I'm really glad that I didn't have to use it!