majorgator wrote:
Nope, still apples and oranges. Business law, and the enforcement thereof, is diferent than what would apply to consumers. Let's say that the same dealership also sold tires. I go there and buy a brand new set of tires for my truck for $1100, then 6 months later read an article in the paper that the dealership was in trouble for not paying his distributors. Does this mean that the police will come and impound the tires on my truck? No, it means that the distributor will file suit and criminal charges against the dealership. If any financial recourse is available to the distributor(s), the courts will appoint such. If not, the distributor is essentially screwed and can write off a business loss. They will not look for all the purchasers of tires, repo them, resell them, etc.
You are talking about accepted practice of business and bankruptcy proceedings... quite different from this situation. I'll play along anyways though...
Instead of tires (which aren't worth the cost of repossessing) it is a very expensive piece of jewelry. Someone stole it from you in a burglary and pawned it. I bought it from the pawnshop, not knowing it was stolen and paid $500 for it and received a receipt. This is a rare piece of jewelry that has been handed down in your family for generations. It has financial and emotional value.
Are you saying that you wouldn't have the right to reclaim that piece of jewelry if you could prove that it was rightfully yours? The pawnshop would reimburse your family for the expense of the piece of jewelry and I could keep it?
I know for a FACT that isn't the case, because I have arrested people and had them successfully prosecuted for those crimes. The pawned property is recovered, if possible, and turned over to the rightful owner. If the pawnshop still has it, they are out the money. If they sold it, I try to track down the person that bought it and recover it from them. The person who unknowing bought a stolen item isn't charged (so long as they reasonably didn't know it was stolen), but they don't get to keep the stolen item.
Same thing here. IF... and I say if because we don't know... IF the truck was indeed stolen and the title application was forged, the police could impound the vehicle and the OP would be out the money that he has invested. Sure, he could try to sue the dealership... but if the dealership doesn't have the money to pay restitution, the OP is screwed. Hopefully his insurance would cover his financial loss, but I have no idea.
I'm not going to argue with you anymore. I've made my point. Based upon what the OP said, he has no reason to believe the truck is stolen or title was forged. He contacted the police and has cooperated with the investigation. Based upon what he said, he has no criminal liability. If someone was wrong with the sale and title application though, the rightful owner could legally get his vehicle back. Hopefully, that is not the case for the OP.