Legal Question in Criminal Law in New Jersey
Fraud - Obtaining a donated vehicle for personal use
2 years ago a car was donated to my first aid squad with an expressed verbal request by the donator that the vehicle be used for extrication practice (the practice of destroying a car to safely remove entrapped patients). The cars title was turned over to the first aid squad. Shortly afterwards, a motion was passed to let the captain use the donated car temporarily until the captains personal car was repaired. After the meeting the captain of the squad had the president sign the title over to the captain and now the captain owns the vehicle (no motion was made to turn the title over to the captain). It has been 2 years (which falls out of the temporary request). The squad has since reversed the motion to allow the captain to use the vehicle. The captain still owns the vehicle and the title. By the way, my grandfather-in-law was the one who donated the vehicle. Is this fraudulant or simply unethical? Is there any legal action we can take?
Thanks,
Eric
1 Answer from Attorneys
Re: Fraud - Obtaining a donated vehicle for personal use
The conveyance was in violation of the terms and conditions of the gift and therefore the president had no authority to transfer title to the car to the captain. Give the violation of the subject terms of the gift the car should revert to the donor or his estate.
Sue the captain and the first aid squad for the vehicle or its value.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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