Consumer Law, Warranties Bill of Sale, Legal Ownership

[bradsmith38]

Chicago, IL

I purchased 2 vending machines from Ken. The owner of the machines before Ken was Mike. As far as I knows, Ken is the legal owner of the vending machines.

We don't know what kind of sale or agreement Mike made with Ken concerning the ownership of the machines.

Bill of Sale was signed by both Ken and me with the following words on the signed and dated document. "Buyer shall have all rights and title to the goods in himself and her executors, administrators, and assigns. Seller is the lawful owner of the goods, and the goods are free from all encumbrances. Seller has good right to sell the goods and will warrant and defend the right against the lawful claims and demands of all persons."

Full payment was made on the date of sale.

Ken, Mike and I have copies of the vending machine keys. I did not get around changing the locks.

After about 4 months from the date of sale, Mike discovers Ken actually sold the vending machines to me.

Mike changed the locks. Mike now wants some form of payment from Ken for the machines.
I cannot service the machines.


Questions. . .

What is a peaceful solution?
What can I do?
Who is the legal owner of the machines?

 

[lwpat]

Who is the legal owner of the machines?

Mike claims he is. I have no idea.

What is a peaceful solution?

You need to talk to Mike and find out why he is claiming the machines are his.

What can I do?

You need to send a CRRR letter to Ken demanding that he get Mike to release the machines to you. You can also sue him for damages. You need to also send the same letter to Mike asserting your claim to ownership.

 

[David_Staub]

There is not enough information here to say who owns the machines but unless Mike owns them (or had a valid security interest that may have given him the right to change the locks), he may have changed the locks on your property, which he would have had no right to do. If that is the case, you may also have the right to sue Mike for damages. To make sure that Mike is formally on notice, you should also send him a letter, certified mail, return receipt requested, stating that you own the machines and demanding that he turn over all keys to you immediately.

As a practical matter, bringing the whole mess into small claims court may be the only alternative if the three of you can't work something out.

David Staub