[enkeivette]

Originally Posted by BRIAN

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

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.

[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]

Originally Posted by 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.....

[SeanPlunk]

Originally Posted by 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.....

at the whole situation.

I hope it all works out Brian

[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]

Originally Posted by enkeivette

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)?