Legal Question in Business Law in New York

Ownership of vehicle dispute

I was given a vehicle when I agreed to work for a new livery company. The agreement we made was that I was to do jobs for the company,the cost of which would be deducted from the price of the car. I sold my vehicle in order to pay to insure this one. I also left a good job with the promise of an even better living with the new company.

After only two months, the owner began having financial problems with her other business and closed the new company.

Since, she has demanded the full balance due for the car or the car itself.

The car is nine years old and has a book value of about 4500 dollars.

I have provided about 2500 dollars in uncompensated work towards it but now that she has unexpectedly closed the company, I am without a job or resources and without the work promised to me to use for payments.

She is looking for 4000 dollars more from me.

I am the title-holder and it is registered and insured under my name. There are no liens.

Daily, I am being harrassed and threatened by both inappropiate and illegal means in an effort to coerce me to make a quick decision.

My question is: Who has legal claim to the car?


Asked on 11/18/08, 10:22 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Ownership of vehicle dispute

As a title holder without a lien, you have legal title to the car.

In terms of the contract, you entered into an agreement with an entity and not an individual. For you to return the car to the entity, you would have to be made whole. In other words, you should be reimbursed $2500 toward the work provided to the car in consideration for return of the vehicle.

In terms of not having any more work and selling your other vehicle, those are consequential damages and as such, may not be compensated in Court - unless company had actaul knowledge that you were going to sell your car and that you relied on your agreement prior to selling the car.

Mike.

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Answered on 11/19/08, 8:20 am


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