Legal Question in Business Law in California

On 10/20/10 I sold a hydro hoist boat lift to a guy that said hey lived down the way from me. ( we live in a waterfront community) . we exchanged a bill of sale and he paid in cash.. he said he would tow the lift from my dock to his house.. 2 days later my nieghbors said he tried to tow the lift but it started to sink. so he brought it back and tied it to my dock. where it has sat half sunk untill now 9/20/11 almost a year ago... I have not heard from him since.. we exchanged a bill of sale but never an address or phone #..I have no idea how to get a hold of him..and he has not been back since...And has not tried to contact me,left a message with my nieghbors or come by my house and leave a note on the door.. I am wondering what to do now?? I would of done this long ago but like I said I have no way of getting a hold of him... I have driven down the way to look for his car and to see if I can figure out where he lives but no luck? what should I do?? Its been 11 mos!

can I resell the boat lift? If he does show up can I charge him storage?


Asked on 9/19/11, 4:04 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

One analysis says title passed and he (the original buyer) now owns the boat lift. You are storing it for him, under the law of bailments -- for some reason known as the law of "deposits" in modern-day California. You are an involuntary custodian, as you never agreed to long-term custody of the thing. You have made reasonable efforts to locate and contact the owner.

Under this analysis, you are free to re-sell the boat lift for the owner. Keep in mind that (a) the method and terms of sale must be "commercially reasonable" in this context, which means you can't sell it for a dime to your brother-in-law, etc.; also (b) the proceeds of sale, after your costs, belong to the owner, not to you, and you must be prepared to give him the money if he ever reappears and wants to know what happened.

There might be facts not given pointing to some other analysis.

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Answered on 9/19/11, 8:52 pm


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