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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37855
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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Is it legal that a property's authorized agent to

Customer Question

Is it legal that a property's authorized agent to approve towing is from the towing company?
Submitted: 2 years ago.
Category: Landlord-Tenant
Customer: replied 2 years ago.
My property manager just told me that the owner group is represented by a trust, He takes direction from a trustee, but does not have access to the ownership group directly.?
Expert:  LawTalk replied 2 years ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While it certainly would allow for a perceived conflict of interest for a property owner to appoint a towing company employee as their agent for the determination of which vehicles to tow from the property, there is certainly no law against it. Neither does the perceived conflict of interest result in any legal cause of action for a person whose vehicle is towed by the company acting at the direction of the agent/towing company employee.

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.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 2 years ago.
that is seriously allowed? There is no law against that conflict of interest?
Expert:  LawTalk replied 2 years ago.

Good afternoon,

Yes, it is absolutely allowed. While it is technically a conflict of interest it is not the kind of conflict that gives you a legal remedy---it is a legally authorized conflict of interest. If the vehicle towed is illegally towed---because it has the right to be parked there---both the agent and the landlord could be sued under a principal-agent theory.

However, the fact that the tow company makes money by doing the tow does not make it illegal for the property owner to designate the towing company to decide who to tow.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you well,,

Doug