Legal Question in Family Law in New York
Property Sold
I purchased personnel property from an individual, him and his wife are now getting a divorce. She called me and told me that I bought the stove illegaly and had to return it. I have a receipt. Does she have any legal basis for me to return the item I purchased? this was purchased prior to the divorce proceedings. what should I tell her when she calls me again.
2 Answers from Attorneys
Re: Property Sold
Unless the stove was stolen, you had the right as a bonafide purchaser to rely on the seller's color of title, that is, his apparent authority to sell you the stove. You can tell her that you bought the stove legitimately, that you have a receipt to prove it and that her remedy is to sue the seller if he had no right to sell you the stove. You can tell her that if she wants the stove back she can sue you where a court can sort out a) if the stove was stolen or b) you were nto a bonafide purchaser.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Property Sold
I wouldn't worry about this if I were you. For one thing, the husband may have been the joint owner at the time of the sale (that means he had a right to transfer title of the stove to you).
It's not your responsibility to keep track of someone else's divorce case. If the wife has a real case her correct procedural remedy is to sue the husband for the money, not you.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
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