I just bought a stolen motor!!!!!! Advice??

[BRIAN]

Hey guys I need some advice on a little pickle I just got myself into.

Yesterday evening I went out to Santa Fe Springs to pick up a 2JZ motor out of a 2003 IS300 with my dad, it was for sale for a couple hundred bucks. The plan was to pull out the motor in my dads 98 SC300 with over 210K miles and throw this bad boy in with under 10K miles. The transaction went by smoothly, claimed owner was very nice and answered all of my questions. Everything seemed legit at this point.

Anyways his story was that this motor was in HIS show car, a 2003 Lexus IS300. It even made it into a 2006 issue of D Sport magazine. Anyways everything was fine a dandy until 5 minutes ago when I get a call from an 808 area code.....Hawaii :confused:

This guy asks me about a 2JZ motor I had just purchased. I'm like yeah I just picked up a motor whats up?? He kindly asks me if I can check the vin on it and I asked why?? So he goes on about a legal battle hes been going through since 2003 where he had his car shipped to some shop here in Cali to get hooked up. Well the sucker gets stolen and it turned up with out a motor. So now I'm just like alright read me the vin and I'll tell you if it matches. So he reads it to me slowly and every thing he says is spot on, this motor is HOT!!!!

He's like holy shit that motor is mine, so I ask him how he got my motor. The dude had the small accent and the wasn't too clear on the phone but what I understood was he had word that some guy might have his motor and that was just sold. He got the info about my number from the dude that sold it to me yesterday but that same guy wasn't being very cooperative. I'm not sure if he was acting stupid or is stupid since yesterday he asked me how a cherry picker works:suicide:

Anyways we just shelled out $400 bucks for this motor and I want to know if I can get my money back. I have not contacted the guy I bought from yet. I'm waiting to get some email from the Hawaiian dude first and I don't want to call and screw something up with my big mouth.

I have to jam to class be back on tonight

[SeanPlunk]

Hey guys I need some advice on a little pickle I just got myself into.

Yesterday evening I went out to Santa Fe Springs to pick up a 2JZ motor out of a 2003 IS300 with my dad, it was for sale for a couple hundred bucks. The plan was to pull out the motor in my dads 98 SC300 with over 210K miles and throw this bad boy in with under 10K miles. The transaction went by smoothly, claimed owner was very nice and answered all of my questions. Everything seemed legit at this point.

Anyways his story was that this motor was in HIS show car, a 2003 Lexus IS300. It even made it into a 2006 issue of D Sport magazine. Anyways everything was fine a dandy until 5 minutes ago when I get a call from an 808 area code.....Hawaii :confused:

This guy asks me about a 2JZ motor I had just purchased. I'm like yeah I just picked up a motor whats up?? He kindly asks me if I can check the vin on it and I asked why?? So he goes on about a legal battle hes been going through since 2003 where he had his car shipped to some shop here in Cali to get hooked up. Well the sucker gets stolen and it turned up with out a motor. So now I'm just like alright read me the vin and I'll tell you if it matches. So he reads it to me slowly and every thing he says is spot on, this motor is HOT!!!!

He's like holy shit that motor is mine, so I ask him how he got my motor. The dude had the small accent and the wasn't too clear on the phone but what I understood was he had word that some guy might have his motor and that was just sold. He got the info about my number from the dude that sold it to me yesterday but that same guy wasn't being very cooperative. I'm not sure if he was acting stupid or is stupid since yesterday he asked me how a cherry picker works:suicide:

Anyways we just shelled out $400 bucks for this motor and I want to know if I can get my money back. I have not contacted the guy I bought from yet. I'm waiting to get some email from the Hawaiian dude first and I don't want to call and screw something up with my big mouth.

I have to jam to class be back on tonight

I would imagine you would have to file a police report against the seller to get your money back. I believe the original owner is entitled to the engine.

Sucky situation - sorry to hear about everything :(

[TimAT]

I see a couple possibilities here.

1) it really is a motor from a stolen car. You did get a bill of sale from the guy you bought it from? If you did I'd think about maybe calling the local PD and explaining what's happened. Even if you didn't, it's something to think about. Cover yourself from a receiving stolen property charge.

2) the 2 guys are running a scam. One guy sells, the other guy calls and claims it's stolen and was his and either tries to get it back leaving you with no $$ and no motor, or threatens to call the PD unless you pay him for it.

I'm wondering why anyone would ship a car from Hawaii to the mainland to get it worked on. Last time I was in Hawaii there were lots of garages and dealers.

[enkeivette]

It depends on the length of time the motor was missing from the original owner and whether or not he tried to publicize the loss. You may be out of the statute of limitations, otherwise he may have a right to it and you'll have to take it up the ass.

This would be a federal court issue since he's in a different state. Whatever you do, don't just hand it over. Make him sue you for it, worst case scenario.

[Vettezuki]

I see a couple possibiliteis here.

1) it really is a motor from a stolen car. You did get a bill of sale from the guy you bought it from? If you did I'd think about maybe calling the local PD and explaining what's happened. Even if you didn't, it's something to think about. Cover yourself from a receiving stolen property charge.

2) the 2 guys are running a scam. One guy sells, the other guy calls and claims it's stolen and was his and either tries to get it back leaving you with no $$ and no motor, or threatens to call the PD unless you pay him for it.

I'm wondering why anyone would ship a car from Hawaii to the mainland to get it worked on. Last time I was in Hawaii there were lots of garages and dealers.

:iagree: I hope you did get a bill of sale. When doing legal swaps in CA (refereed) they will check the bill of sale against the stolen car database.

1 - I would also assume that if it was stolen there would have to be a stolen car report filed in the state of CA (where it was stolen) by the guy who called you.

2 - If this guy is having a legal battle and it has gone to court, there must be a record of the case. Just another way to help identify the "actors".


I smell a rat. Personall I'd get the PD involved either way probably. One is you're showing good faith to comply with the law of not receiving stolen property once you became aware of the possibility. Two is to run the f&cks to ground if they're running a scam. Both 1&2 are possible, even likely. It's a stolen motor they're using to run a scam. Bet you they disappear fast if you get the cops involved.

[BADDASSC6]

Everything sound fucked up. Don't cough up the motor unless the guy can come up with a police report of the stolen property. Keep your bill of sales and go back to the seller and demand your money back. But whatever you do don't give the motor to anyone with out getting your money back or seeing a police report proving it was stolen back in 03.

[BRIAN]

Thanks for the advice guys, looks like some other forum for lexus IS is handling this. I spoke to the Hawaii guy, he basically doesn't give a shit about the motor anymore he just wants to find out who stole it from the beginning. The guy I bought it from is telling him what he knows which is basically that he didn't know this motor was hot when he bought it back in 05'.

From the looks of it I'm probably keeping the motor but we'll see what they conclude. I agree though, it's not going anywhere until I get my cash back:rant:

[Madmax305]

Everything sound fucked up. Don't cough up the motor unless the guy can come up with a police report of the stolen property. Keep your bill of sales and go back to the seller and demand your money back. But whatever you do don't give the motor to anyone with out getting your money back or seeing a police report proving it was stolen back in 03.

Good advice....:thumbs_up:

[BRIAN]

Here's the thread I found on there forum about what's going on. I'm not going to jump in on that, I'm just waiting to be contacted by either of these guys to see what they want to do about the motor. I guess he still might want it back after all.

http://my.is/forums/f99/whomever-bought-stock-motor-is300er-397280/

[Madmax305]

In reading that, it is definitely a civil matter. Nobody mentions any police reports? If you are uncomfortable with the situation, either try to get your money back from the dude you purchased it from, ( A phone call to this guy would be good, to try to clear matters up. If the motor is indeed stolen, this is the guy who is on the hook, not you. He had the knowledge/history of the motor, you were an innocent victim who got duped.), or keep the motor and tell everybody to pound sand. It is not likely the local PD is going to react to this matter, especially after all these years. It it was legit, the PD would have handled it years ago....JMO Regardless, good luck, it sucks to get dragged into this can of worms....:bang:

[enkeivette]

From the looks of it I'm probably keeping the motor but we'll see what they conclude. I agree though, it's not going anywhere until I get my cash back:rant:

It will if the sheriff comes to your house with a gun and a court order. Don't give out your address or any of your information.

[Leedom]

This whole situation seems like a giant clusterfuck! Sorry you are in the middle of this. I will give my brother a call tonight and ask him about some of the legal stuff. he is a cop and might be able to shed some light on this situation.

[BRIAN]

Thanks a lot guys for the help. this really sucks right now. I knew it was too good to be true...:(

[BRUTAL64]

I'm thinking you will need to go to the local police with the Vin# and have them run it.

This is what I had to do 25 years ago with something simular. If you know what you have ( or suspect ) to be stolen, and don't report it or a least try and do what the law says is the right thing, it could go very bad against you.:drink:

[BRIAN]

Welp just got off the phone with Mr. Hawaii and he says he'll talk to the guy that sold me the motor and make sure I get my money back. Hawaii doesn't want his motor anymore and said he'll have his lawyer make a bill of sale and wipe the motor clean, as in not stolen, then basically I'll pay him and I keep the motor.

We'll just have to see.....

[BRUTAL64]

Welp just got off the phone with Mr. Hawaii and he says he'll talk to the guy that sold me the motor and make sure I get my money back. Hawaii doesn't want his motor anymore and said he'll have his lawyer make a bill of sale and wipe the motor clean, as in not stolen, then basically I'll pay him and I keep the motor.

We'll just have to see.....


:popcorn:

[SeanPlunk]

Welp just got off the phone with Mr. Hawaii and he says he'll talk to the guy that sold me the motor and make sure I get my money back. Hawaii doesn't want his motor anymore and said he'll have his lawyer make a bill of sale and wipe the motor clean, as in not stolen, then basically I'll pay him and I keep the motor.

We'll just have to see.....

:picard: at the whole situation.

I hope it all works out Brian :judge:

[enkeivette]

O'Keeffe vs Snyder

In this case O'Keeffe is suing Snyder for conversion of her chattel, a painting that was stolen from her by a third party. Snyder alleges his right to the painting as he purchased it legally to his knowledge and he claims right to it by adverse possession. The court notes that continuous possession will not transfer from one owner to another in this case. The court reviews that adverse possession requires, that the possession be (hostile?) actual, visible, exclusive and continuous.

In order for the visible element to be applicable, there needs to be:

1) due diligence on behalf of the owner to recover the chattel,
2) court must also consider whether there was an effective means to put others on notice
3) whether such notice, or reporting to the police would have been effectual.


Statute of limitations begins when true owner should have noticed, under the circumstances/ primary use of the prop.


I don't need to look up the rules for AP, I know you haven't had it long enough to claim adverse possession. So it looks like the true owner would have a right to it, if I were you I would lay low. I wouldn't go to the police, and I wouldn't give my info to anyone. Let him find you, let him sue you, if you can get a refund. I might even grind the VIN off the motor and just run it. That's not legal but no one would ever know that you were the one to grind the VIN off, maybe the machine shop took it off accidentally. If the cops can't identify the motor (make them get a police order before you allow them to inspect it) I don't see how they could seize it from you.

[BRUTAL64]

I don't need to look up the rules for AP, I know you haven't had it long enough to claim adverse possession. So it looks like the true owner would have a right to it, if I were you I would lay low. I wouldn't go to the police, and I wouldn't give my info to anyone. Let him find you, let him sue you, if you can get a refund. I might even grind the VIN off the motor and just run it. That's not legal but no one would ever know that you were the one to grind the VIN off, maybe the machine shop took it off accidentally. If the cops can't identify the motor (make them get a police order before you allow them to inspect it) I don't see how they could seize it from you.


This is border line at best. For 4 hundred dollars this is not good way to go.:(

[SexyLxy]

Sorry just skim'd over the read.

General question

If you do a motor swap, do you have to register the motor? Like with the vin he read off to you, could he track that down through the dmv if you register it, to an address (you)?

[Vettezuki]

Sorry just skim'd over the read.

General question

If you do a motor swap, do you have to register the motor? Like with the vin he read off to you, could he track that down through the dmv if you register it, to an address (you)?

It's not registered so there is no record to trace. It's just that if you do a refereed swap they want to see a bill of sale showing the vin of the car the motor came out of it. This is what is checked against the stolen vehicle database.

[BRIAN]

Well here is the plan. We did like a 3 way phone meeting and came up with a plan that would get me my money back, clear the name of the guy who sold me the motor, and lay to rest Mr. Hawaii's problems. Basically I'm meeting in city of industry with a shop that will be representing Mr. Hawaii and also witnessing our transactions, the owner of the shop is good friends with him. I will be bringing back the motor just because everyone wants to see it, take pictures of it and document the whole process. The guy will be there to give me back my money and at the same time I will be taking that money and entrusting it to the shop who will then send it to Mr. Hawaii and will provide me a bill of sale stating Mr. Hawaii sold me the motor and is now clear and not stolen property anymore.

So now everything will finally be done and over with, all I've really lost is time in this whole crap pile but the guy that sold me the motor is out a motor and cash, shit happens. That's pretty much it. Then I'll go home and make a sandwich and enjoy life once again YAY!:)

[Madmax305]

Welp just got off the phone with Mr. Hawaii and he says he'll talk to the guy that sold me the motor and make sure I get my money back. Hawaii doesn't want his motor anymore and said he'll have his lawyer make a bill of sale and wipe the motor clean, as in not stolen, then basically I'll pay him and I keep the motor.

We'll just have to see.....

That sounds like a scam. How can any attorney wipe the motor clean, you can't. If a police report was made, no attorney can just wipe anything clean. To make the report go away, a police agency will have to do a recovery and release of the motor or property in question. Tell Mr. Hawaii and his attorney to pound sand. If this is a legit thing and police report was truly taken, then the dude you bought the motor from is the suspect/criminal, not you. Mr. hawaii and his attorney to pursue the dude you bought the motor from, but wait, any legit attorney would know this already. :huh:

[Vettezuki]

That sounds like a scam. How can any attorney wipe the motor clean, you can't. If a police report was made, no attorney can just wipe anything clean. To make the report go away, a police agency will have to do a recovery and release of the motor or property in question. Tell Mr. Hawaii and his attorney to pound sand. If this is a legit thing and police report was truly taken, then the dude you bought the motor from is the suspect/criminal, not you. Mr. hawaii and his attorney to pursue the dude you bought the motor from, but wait, any legit attorney would know this already. :huh:

It sounded a lil odd to me too. You were a police officer correct?

[BRIAN]

Well yeah he's going to call the authorities and tell them he's recovered the motor, I'm not sure if the lawyer does all that I just know he said the lawyer would make the bill of sale. Ugh, I'm nervous again :o

[SeanPlunk]

That sounds like a scam. How can any attorney wipe the motor clean, you can't. If a police report was made, no attorney can just wipe anything clean. To make the report go away, a police agency will have to do a recovery and release of the motor or property in question. Tell Mr. Hawaii and his attorney to pound sand. If this is a legit thing and police report was truly taken, then the dude you bought the motor from is the suspect/criminal, not you. Mr. hawaii and his attorney to pursue the dude you bought the motor from, but wait, any legit attorney would know this already. :huh:

Exactly. The guys you're dealing with sound like a bunch of clowns. I wouldn't do anything and just see what happens.

[Madmax305]

It sounded a lil odd to me too. You were a police officer correct?

Yup, I retired in 2005 as an Auto Detective...

[heyitsdatguy]

Dude, what the hell? Why didn't you tell me about this? Sell me the motor you'll get your money back. lol.

No, but seriously keep me updated on this.

- Dawly

[Leedom]

I second the whole idea of making them come to you and figure things out. If you have to go to court tell them you did not believe the whole situation and wanted to make sure they were legit. I do not see how the court would tell you that you should have taken their word for it that the motor was stolen.