How do I the get car?

[teddy1500]

Alright, here is the situation.
A good friend of mine has/had a 71 charger 500. Factory hip, factory export car. He did some horse trading about 7 or 8 years ago. He "traded" the car to a friend for a rebuilt 440. The friend took possession, but never delivered the rebuilt 440. Now, they have the car, but not the title. They are planning on moving out of state, and my buddy is getting howhere on retriving the car, or the rebuilt 440. I have suggested that a breach of contract exists, and I will buy the title, collect the car, and pay the balance of the agreed sale price of the car. Now, my question is, what would be the best way to go about doing this? Should I run the title, and report the car stolen? It may take being a prick, but I want the car, and I know all parties invoved.

[Tilar]

You can't report it stolen because the owner willingly gave it up. If the actual owner is up to it he can just go reposses the car. Call the sherriff and let them know that he is going after the car due to lack of payment and ask them to come along just to be sure there are no problems.

Go after it with that angle and be sure to let the sherriff's department know that they are planning on moving out of state and this needs to be done soon.

[greenpigs]

What a turd! I agree, get a police officer and bring the title. Don't drag ass.

[teddy1500]

The location of the car is not known at this time, They say they still have it, but won't give the location.

[RD]

dude, get the cop's involved, i can guarantee you they can get the location from the morons.

[68charger383]

Write a letter demanding them to perform per the agreement: giving them 30 days to deliver the motor per the deal or to return the car, or you will seek judicial action.

Be prepared for he said, she said. Try and get everything together, any writings on the deal or 3rd party witnesses to the deal.

[dkn1997]

hire a PI, find the car, go take it. 

[TylerCharger69]

I agree......get the law enforcement involved......But on the other hand.....is there any documentation of the trading or the agreement???  If not.....then it is a he said/she said situation... Then in that case, it would be suggested to you that you deal with it in small claims court and hopefully the judge would rule in your favor hoping the preponderance  of the evidence leans toward you.   

[Tilar]

Others may chime in but I don't think it is even a small claims court situation. It was basically a sale with the rebuilt 440 being payment. The man never paid for the car so a simple repo is all it takes. The original owner still has ownership and full rights to the car since the title never changed names.

[bigred68]

"How do I the car?" 

[teddy1500]

Typo, fixed it. I tend to think faster than I type....

[Daytona R/T SE]

"How do I the get car?" 

[TylerCharger69]

LMAO     

[Smokey Bear]

It took "7 or 8 years" to get to the point where someone figured they got screwed?       

After pressing the issue, and with the people moving out of state, what kind of 440 build does he thinks he's going to get? It will be done with a paint can! I agree with what what said earlier: He should write a letter stating the deal is off and demanding the car back due to non-payment within 15 days, or it will be reported stolen, then follow through on the promise and pursue it in court.

Why would you want to put yourself in the middle of the mess?  Find a car with less baggage.

[teddy1500]

I guess that I should have explained that all parties involved (including me) have known each other for over 25 years. The owner of the is not so mechanicly inclined, the owner of the engine is a mopar encyclopedia. The owner of the car is very concerned about "burning bridges" he is a very nice guy. But the owner of the engine is a nice guy also, in the past he has "loaned" me a fresh pair of stage 4 heads, when the heads I had bought were cracked. His deals tend to be lopsided thought....

[aussiemuscle]

I agree with smokey Bear... run, as fast as you can.

[chargergirl]

Keep your friendships and just step out of the deal. Until they figure it all out you are the mediator and could end up with nothing except a giant migraine for all your trouble. Both of your friends may come running when you start looking for another car.

[RTDaddy]

   You should RUN, not walk away from this.  This can only be trouble.  The original guy with the title is still the legal owner if the name on the title has not yet been changed, (was there any "bill of sale?).  You should let him pursue getting the car, then deal with him.  If you get the car, and do not get the title transferred, (i.E. go the "lost title route"), then the owner with the original title can come after the car after you're done.  You are especially vulnerable to this since you all know each other.  I also agree with Chargergirl, I suspect once you start looking, the car may become available, but you should only deal with the guy who has the title of record, AND is in possesion of the car.  Good luck!

"IF YOU'RE UNDER CONTROL, YOU AIN'T GOING FAST ENOUGH."

[ACUDANUT]

 If the one who has the title has not had the car in 8-9 years IN HIS POSSESSION, I don't think any court is going to give the car back. 
Possession is 9/10 tenths the law after such a long time.  Unless their was a lone against it or a lien. I would forget about the car (unless it had a 426 Hemi).

[Tilar]

I don't know, If this guy is a "friend" and won't give the car back, he's not much of a friend. Even if it has been 8 or 9 years, The car is still his and he can get it back.... Just depends on how hard he wants to push the matter.

Has anyone just asked him for the car back?

[Charger440RDN]

Ok you wanna play rough? Say hello to my little friend! 


This is a last resort though if diplomatic eforts fail 

[chargergirl]

Peace through Superior Firepower!

[ACUDANUT]

Peace through Superior Firepower!

Wow, a girl said that
COOL. Wish we had more like YOU out there.

[HeavyFuel]

Where do you get your grammar lessons from, Yoda?

"How, my car back, get I, hmm?