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LawTalk, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37855
Experience:  I have more than 25 years experience in the legal profession.
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My husband sold a shell of a car in December of 2013. the

Customer Question

my husband sold a shell of a car in December of 2013. the buyer was told he could leave the car there for up to 30 days. his wife called 1 year later and said that someone was coming to pick up the car, no one showed up. his wife called about 1 yr after the first call and asked if the car was still there, when told yes she stated that someone would be there to get it on the weekend. about three months later we noticed that the car was not there. wife called and asked if my husband was the man who had the 1960 chevy impala for sale, he stated that he had sold it. he did not realize that she was the wife of the buyer. when he tried to explain this, she yelled and stated that he could not sell this car as her husband had bought it. husband called later and again stated that we could not sell this car as he was the owner. tried to tell him that wife did not say who she was and this was misunderstanding. also told his that his car had already been picked up, that it was not here anymore. we thought and still believe that he came and got it. my husband was sarcastic about the car, and where it might be. it was not until we received a letter suing us that we thought maybe he didn't have it. called Berkeley co sherrifs office and reported a possible missing/stolen car. deputy came out but could not take official report because the car was not ours even though it was on our property. we received 0 storage fee for the car, and could have gotten rid of this car anytime after 30-45 days just by going to court house and filling out papers. offered to give the man back the 1300.00 that he paid, but he stated that he would send it back, he wants 5000.00 + 6% interest now. court is 10/20/16 at 9:30a
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: we live in WV, but buyer lives in VA. car was located in WV where we live.
JA: Has anything been filed or reported?
Customer: tried to fill a missing/stolen car, but because the car was sold we could not file, but deputy filled her own report d/t coming out on call
JA: Anything else you want the lawyer to know before I connect you?
Customer: buyer has filled a breach of contract d/t loss/sold car
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades.

The pure and simple legal fact is that you are not responsible for the car that was sold more than 2 years ago, left languishing in your yard all that time because the buyer never picked it up and then was stolen.

The buyer (true owner of the shell of a car may legally make an insurance claim for the theft if he bothered to insure it, but absent that he is out of luck. You DO NOT owe this man any money back because the car was stolen through no fault of your own. His lawsuit is ridiculous and you will not have any problem winning and lawsuit that he might file against you.

You are not responsible if the car, which was essentially abandoned by this idiot, was stolen 2 years after he bought it and promised to remove it. The court will rule against him in his lawsuit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

Good afternoon,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,