Legal Question in Real Estate Law in California
I bought a boat that I and the seller were unaware of it being stolen. I bought boat from him and he was unaware that it was stolen (he bought from thief). I discovered it was stolen after I registered it and recieved CA clean title which the seller also had (in CA for over a year). The boat also had a boat fax and was inspected by DMV.
I allowed the SAC PD to inspect the boat after it was determined it was stolen and they allowed me to keep it. Now, I went back to Hwy Patrol to get a VIN verification and they are telling me I cannot keep it after the SAC PD told me I could? I have the title in my possession as well as the boat. It is registered under my name as well. The SAC PD cited California Comercial Code as their reason for not repossessing boat. The entire ordeal is very confusing. I talked with one lawyer and they said I would have to give it back, but SAC PD (3 detectives) say I do not. Hwy Patrol says I would have to give it back?
I was looking at stolen property law for vendors and pawn shops; they said if there was verification of the goods and they came back clean even if they are later discovered to be stolen. The rightful owner would still have to pay the current "owner" what they paid for the goods.
Can someone please advise. This is a very non-conventional situation.
Has anyone encountered the situation before? I just want to keep the boat or get my money back ( perfer the boat though lol) Thanks!
3 Answers from Attorneys
You are the person we learn about in law school called a Bona Fide Purchaser (BFP).
In other words, under the Uniform Commercial Code you are an innocent person who paid money for the boat without knowledge of the defect in the seller's title. If the seller is a boat dealer you might have good title; and if the seller is a private party you might not. If I were you I would consult an attorney in your locality,in person and right away. If I were an attorney in your locality, after researching the issue and determining you have good title (which is my best guess) I would write to the CHP and tell them to go fish -- from some other vessel. See Cal. Commercial Code � 2-403.
It matters how the seller came into possession of the vessel. You might want to get a second or even a third opinion, because yours is a complicated legal situation that most attorneys rarely encounter..
Also, the CHP would be on very shaky legal ground if they were to either seize the boat or arrest you for not surrendering it. Let somebody sue you for money or "replevin" if they dare. Or you could file a lawsuit to "quiet title" and obtain a declaratory judgment that you are the owner.
As a likely bona fide purchaser for value, I think you are likely to prevail if the "true owner" makes a legal move against you, and I would not pay a whole lot of credence to what cops tell you.......they didn't go to law school.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
