We purchased a property at an estate type sale, the guy's elderly mother had passed away and he didn't want to keep or pay the back taxes on mom's house. Well the place included a run down shed where the son had stored some property all of which he moved after the sale except for an old car, not running, which we told him he could come back for later. The last we heard he is in Florida now. The shed is also rundown I would for instance like to tear it down, or at least pull the loose corrugated metal roofing off and replace it. The car I would say is an old Jeep with a Willys logo on it (I'm not a car buff) in poor condition, mice chewing the seats, not up on blocks so all four tires are flat and rotted, so we would have to push it out of the shed or else get four new tires to get it towed out of there. Even though we agreed he could come back for it, we have not heard form him in a year, how long before we can consider it abandoned or can't we because we did agree?

I would try to make a few attempts to contact him. If u can find him, give him a time limit. If you cant.. just get rid of it. I assume it was just a verbal agreement which really doesn't hold up well.

Just just make a n attempt to contact him.. give hime a time limit.. (maybe 1 month max?) then.. get rid of it. I would try to sell it before you have it just towed away. Willy's are hard to come by now a days... so maybe you could get a few hundred as a parts car. Post it in craigs list.

I agree you need to make attempts and keep records of your attempts before you go doing anything. You might be able to sell parts but would need the title to sell the entire car for anything other than a parts car. Your township can have it taken by a junk yard possibly but a junk yard most likely will not give you anything for it without a title either.

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Originally Posted by N0help4u

I agree you need to make attempts and keep records of your attempts before you go doing anything. You might be able to sell parts but would need the title to sell the entire car for anything other than a parts car. Your township can have it taken by a junk yard possibly but a junk yard most likely will not give you anything for it without a title either.

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Absolutely correct - make attempts to contact him, give him a specific time frame, keep very good records of your attempts.

(The person who posted that verbal agreements do not hold up in Court is not correct.)

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Originally Posted by JudyKayTee

Absolutely correct - make attempts to contact him, give him a specific time frame, keep very good records of your attempts.

(The person who posted that verbal agreements do not hold up in Court is not correct.)

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really? How can a verbal agreement hold up at all? Neither can prove what they say. It becomes a he said she said... interesting. Never knew it had much value. Thanks!

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Originally Posted by StaticFX

really? how can a verbal agreement hold up at all? neither can prove what they say. it becomes a he said she said... interesting. never knew it had much value. thanks!

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That's exactly how - he said, she said, who is the Judge to believe? Judges have to sort of go on what makes sense, who has an agenda.

I see the he said/she said in Small Claims all the time.

And in the higher Courts (larger amounts) the Judge usually pretty much discounts what's not on paper.

Hello wild:

I think my friends are being generous... In my view, a verbal commitment that he may come back for the car anytime, does not obligate you to hold the car forever. Nor does it obligate you to search for him.

A reasonable person who WANTS the car, would not leave it for over a year with NO communication. Reasonable, is the maxim the court goes by. IF he sues you for the car, I believe you'll win.

It may be valuable too. As a matter of fact, I think it is. I'd obtain an abandoned car title, and sell it.

excon

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Originally Posted by excon

Hello wild:

I think my friends are being generous.... In my view, a verbal commitment that he may come back for the car anytime, does not obligate you to hold the car forever. Nor does it obligate you to search for him.

A reasonable person who WANTS the car, would not leave it for over a year with NO communication. Reasonable, is the maxim the court goes by. IF he sues you for the car, I believe you'll win.

It may be valuable too. As a matter of fact, I think it is. I'd obtain an abandoned car title, and sell it.

excon

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I agree but I believe the OP still has to give the person written notice (or proof of an attempt at written notice) and 30 days to get the vehicle removed. Basically, it's been so long what's another 30 days.

I know I had "stuff" "someone" left in my basement for 3 years. I was advised to send a 30-day notice and then dump it. I did and then I did. But that's not a car.

[QUOTE: excon agrees: You're a nicer person than me
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That's why the 3 of us make a good team - you play bad Cop, we play good Cop. We temper each other.

Well for example verbal agreements are upheld in court all the time, normally small claims court, you tell your story, they tell their story and the judge will rule on who he belevies more. For example this post, if found by the car owner could show you had concerns about getting rid of the car and that there was a verbal agreement,

Well could I just get the car towed, and he'd have to deal with the towing c
Ompany if he wanted it back? Same as if he'd been ticketed for illegal parking?
I mean I don't mean to dump on him, his mom did die, and he probably feels bad, but we feel like we're being taken advantage of, I mean he'd have to pay 70 or 80 dollars a month to put his car in a self storage, if they'd even accept a junker.

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Originally Posted by wildandblue

Well could I just get the car towed, and he'd have to deal with the towing c
ompany if he wanted it back? Same as if he'd been ticketed for illegal parking?
I mean I don't mean to dump on him, his mom did die, and he probably feels bad, but we feel like we're being taken advantage of, I mean he'd have to pay 70 or 80 dollars a month to put his car in a self storage, if they'd even accept a junker.

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Legally, no. This has been asked and answered. You have to give him notice. Do I think he's pushed your good graces to the maximum? Of course.

Does that give you the right to enter into an open ended agreement (no, "Get the car out of her by X" agreement) and then not follow through? I don't think it does.

If you think you're right, then have it towed (which you will have to pay for because it's on private property with your knowledge) and stored (which you will have to pay for) and sue him.

Can you dump it and never hear from him again? Possibly. As I said, I had a relative's belongings and I had to give notice, couldn't just dump them.

I think you are wrong and the advice given to you is correct under the Law.