Full question:
A vehicle was gifted to me by registered owner on 3/19/06. The registered owner stated the vehicle only needed new battery. I replaced battery but car wouldn't hold charge and battery would run out in 30 minutes. Could not keep vehicle running in order to transfer vehicle in my name within 15 days of sale. On 9/17/06 I gifted the car to a worker cutting trees for us who said he could fix the car and get the vehicle transferred in his name. I gave him bill of sale and title and he took the vehicle, never to be heard from again. I only have his name and phone number of a relative that may not be good anymore.On 11/25/09 I received a Notice of Vehicle Impound from the State of WA Dept of Licensing. I am listed as the owner of record and there was a $225 impound fee with a daily rate of $50. Am I really liable for this vehicle? Should I report it stolen the aforementioned person?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Washington
Answer:
If you believe the car was stolen from the person you gifted it to, you can report it as stolen. However, if the worker took the vehicle with your permission, it would not be considered theft. As the registered owner, you are generally responsible for any impound fees and charges associated with the vehicle.
You may also have a potential claim against the worker for breach of contract if you had an agreement that he would transfer the title. If you decide to pursue legal action, here are some key points about contract law:
- A contract is a legally enforceable agreement between parties.
- A breach occurs when one party fails to fulfill their contractual obligations, causing harm to the other party.
- Possible remedies for breach of contract include money damages, restitution, rescission, reformation, and specific performance.
Restitution aims to return any money or property given under the contract. Rescission ends the contract, while reformation changes the contract terms to correct inequities. Specific performance compels a party to fulfill their contractual duties when monetary damages are insufficient.
In Washington State, you may have options to recover your costs due to the worker's failure to transfer the title. Consider consulting with a legal professional for guidance on how to proceed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.