bought a stolen car

byniol

Is there anything i can do if i bought a stolen car and it was taken off me by gards?

testicle

Nope.

MagicSean

Tell them who sold it to you

byniol

i did, what if they never find him
any chance to get the car back?

Farcear

Nemo dat quod non habet.

Moral: Always buy your stolen goods though sale in market overt.

Delancey

byniol wrote: »

i did, what if they never find him
any chance to get the car back?

Assuming you were unaware the car was stolen .

If the cars owner has received an inusrance payout then the insurance company own the car and they may sell it ' back ' to you but don't expect a big discount.
If no payout has been made then the car goes back to the owner and you get nothing.

'' Buyer Beware '' is the golden rule when buying a car....either way you take a large financial loss.

kildare.17hmr

byniol wrote: »

i did, what if they never find him
any chance to get the car back?

Its not your car! Bad luck man hope they find him tho

chops018

Delancey wrote: »

Assuming you were unaware the car was stolen .

If the cars owner has received an inusrance payout then the insurance company own the car and they may sell it ' back ' to you but don't expect a big discount.
If no payout has been made then the car goes back to the owner and you get nothing.

'' Buyer Beware '' is the golden rule when buying a car....either way you take a large financial loss.

Will the buyer not be equity's darling and get to the keep the car? I forget the in's and out's of it but isn't there some way that equity protects the buyer like that once they are a bona fide purchaser without notice.

Delancey

chops018 wrote: »

Will the buyer not be equity's darling and get to the keep the car? I forget the in's and out's of it but isn't there some way that equity protects the buyer like that once they are a bona fide purchaser without notice.

Not when the item was stolen in the first instance.

What you refer to may be impacted by the number of years elapsed since the item was purchased but it would need to be a significant period. Most stolen cars would be recovered within 2 years of theft hence no protection whatsoever for the innocent buyer.

Right 2B a liar

When would equity's darling be applicable? If you were a purchaser for full value without knowledge

Farcear

The bona fide purchaser for value without notice / knowledge of equitable interests takes without being bound by those equitable interests.


The problem in this case is that the original owner has a legal interest, as opposed to a mere equitable interest, to the goods.

jblack

Farcear wrote: »

The bona fide purchaser for value without notice / knowledge of equitable interests takes without being bound by those equitable interests.


The problem in this case is that the original owner has a legal interest, as opposed to a mere equitable interest, to the goods.

Exactly; seller never had title to pass.
If you look in the Sales of Goods legislation you will find an implied term that the seller has title to pass.

mrjoneill

For the vast majority of cases its caveat emptor but where the theft came about through negligence of the original owner such as accepting a bounced cheque without following basic precautions then the courts may take a different view where the new owner/possessor has complied with what was reasonably possible and believed it was a bona fide purchase..

Delancey

mrjoneill wrote: »

For the vast majority of cases its caveat emptor but where the theft came about through negligence of the original owner such as accepting a bounced cheque without following basic precautions then the courts may take a different view where the new owner/possessor has complied with what was reasonably possible and believed it was a bona fide purchase..

Would such a set of circumstances nullify the Insurance company's rights of subrogation though ?

mrjoneill

Delancey wrote: »

Would such a set of circumstances nullify the Insurance company's rights of subrogation though ?

Subrogation does not create a new right on its own as the court would be looking at the original sale and what precautions the vendor took to protect his/hers interest.

jasonpat

Just name the guy who sold it to you, this will make you better way to get out of from here.