Legal Question in Consumer Law in Washington

Purchased Property

I purchased a outboard motor from a person. I was worried about the possibility of stolen property so I checked with a local outboard sales rep with the seriel # to see if stolen and they said no it was not. I contacted the local police department with same information and same answer. I had motor installed by sales rep at cost of $1300 2 days later sales rep calls and says it is now a stolen motor. Local police forgot to include motor in original police report. Sales rep gave original owner our name and now being harassed by him. What are my rights? I went through all proper channels and am now out a lot of money. Who can I hold responsible?


Asked on 7/09/06, 6:33 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Purchased Property

Theoretically, you are a bona fide purchaser for value. That means you are not responsible for the bad acts of your seller. So theoretically at least you can tell the original owner to contact their insurance carrier. That's what insurance is for. The insurance carrier can decide whether to go after your seller or not.

The seller sold you a stolen motor. Can't tell whether he knew it was stolen or not.

That said, I'd consider (at least) returning the motor to the police agency that forgot to make the report, and suing the seller for the cost of installation and de-installation.

The responsible party in this transaction is the seller. The problem is proving that he knew the motor was stolen. Maybe he didn't know.

Your instincts were correct.

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Answered on 7/09/06, 8:15 pm


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