Sold Truck 8/20 paid for , never picked up

[Chris G]

Jurisdiction

New York

I sold my company truck in aug of 2020, the woman paid with a cashiers check, I made out a bill of sale and signed over the registration to her. I cashed the check and waited for her to return with plates to take it away. She never showed. I called her number and my calls went unanswered for 3 months. I finally got a call from a woman in Jamaica (the country) claiming to be her daughter stating that her mom got covid and was in the hospital. She said she would be in touch. Long story short , she didnt. i called and texted multiple times looking for info but to no avail, no luck. I reached out to motor vehicles 9 months later to seek some kind of direction and was told that the vehicle had never been registered. I asked if I could sell the vehicle and they advised me to wait another 3 months. I waited and also tried to reach out to the daughter in Jamaica. Still no response. I ordered a dupe title and sold the truck again. Today I get a call from Jamaica from the daughter's husband saying they came to get the truck and it wasn't there. I am out of town and I told him the above story and that I had sold it because I didn't hear from them after countless attempts. I texted him to send me a copy of the bill of sale and the signed over registration. I am supposed to reach out to him tomorrow.

What do I do. I still have the aledged daughters phone number. Should I try to call her? Am I legally responsible in any way shape or form. I have no address for the woman I sold the truck to. I tried to call the bank for info on who requested to cashiers check but they would not release that infor.ation.

Do I file a police report so there's some kind of file on this?

 

[army judge]

You now have the truck and proceeds from the first buyer's cashiers check, which was purportedly processed two years ago.

Are you now scheming up a way to profit by selling a truck that purportedly belongs to an unknown woman who just might be dead?


I suggest you visit the state vehicle registration agency and seek guidance about how to proceed legally.

Another appropriate option would be to seek real legal counsel by hiring an attorney to help you clear up any confusion and to proceed lawfully.

I'm not sure if the police could/would do anything.

Are you planning on refunding the original buyer's money?

 

[adjusterjack]

Am I legally responsible in any way shape or form.

Yes.

You sold the truck twice. You cannot be unjustly enriched by the failure of the first buyer to pick up the truck.

When you talk to whoever tomorrow I suggest that you tell that person that you will be happy to refund the money that the original buyer paid but you will refund it only to that buyer or to whom that buyer gives notarized power of attorney specifically authorizing them to pick up the money. Even with that I suggest you get a cashier's check made out to the original buyer and keep a copy of the check.

One more thing. If you sold the truck for less than the first buyer paid for it, that buyer owes you the difference and you can deduct it from the refund.

 

[Chris G]

Yes.

You sold the truck twice. You cannot be unjustly enriched by the failure of the first buyer to pick up the truck.

When you talk to whoever tomorrow I suggest that you tell that person that you will be happy to refund the money that the original buyer paid but you will refund it only to that buyer or to whom that buyer gives notarized power of attorney specifically authorizing them to pick up the money. Even with that I suggest you get a cashier's check made out to the original buyer and keep a copy of the check.

One more thing. If you sold the truck for less than the first buyer paid for it, that buyer owes you the difference and you can deduct it from the refund.

Finally spoke to the original buyer tonight after countless texts back and fourth with as it turns out was not her daughter's husband but her husband. As it turns out she did survive but is dealing with long covid symptoms. She is claiming that her business partners were handling the logistics of the sale and told her that they were having trouble contacting me which is an outright lie. I would have gladly accepted ANY communication regarding this matter as I wanted the vehicle out of my yard. We had a civil discussion and she does feel as if she wants some type of refund. I am not in disagreement with this but at this point what is fair regarding the circumstances. I get the feeling if this was to go to civil court the result might weigh more in my favor. But to avoid all of that, what would be fair. Initial sale was 5800 secondary sale was 4250. Truck literally sat in my residential driveway for a year as this is what motor vehicle said to wait before taking action.

 

[adjusterjack]

Initial sale was 5800 secondary sale was 4250.

Then you owe her $4250.

No "buts" just get a cashier's check made out to her for $4250 and be done with it. Don't ask for agreement, just do it.