Forum Discussion
Tystevens
Sep 10, 2015Explorer
mich800 wrote:IdaD wrote:
UCC 2-403, guys. Or in Texas it would be Tex. Bus. Comm. Code 2.403, technically. UCC Article 2 has some different flavors depending on the state but they're all mostly the same. In particular look at subsections (b) and (c).
(b) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.
(c) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.
Unless there's something obviously wrong with the title or something else is going on that you haven't shared, it's your truck.
Edit - not legal advice.
Boy everyone is getting all worked up. This is correct. As long as it was a dealer there are UCC protections in place for the buyer. If what the OP stated is true the individuals that owned the car have an unsecured claim against the dealer with no recourse to the buyer.
Theoretically (note -- I am a lawyer, but am not providing legal advice, hence, the theoretically part ...), assuming the facts are as the OP stated, this is the right answer. As long as the OP is a good faith 3rd party purchaser in the ordinary course of business, he has done nothing wrong. It is a matter between the consignee and consignor.
I would contact a competent lawyer in your jurisdiction, OP, before calling the police and telling them you may be in receipt of stolen property! That sounds like a good way for an overzealous sheriff's deputy to tie up your property in evidence for a few months.
Good luck!
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