Bought a car without a title? Live in Pennsylvania? Vintage Car Law® can help!

April 1, 2021 · Posted in Uncategorized · Comments Off on Bought a car without a title? Live in Pennsylvania? Vintage Car Law® can help! 

It’s a question I get regularly. How can I legally title a car that I bought on a bill of sale, where I did not get a title? You have probably seen websites offering “work arounds” through various states and social media posts offering “historical paper”, but as you have read in my prior posts those are not good avenues for many reasons. Not the least of which is possible criminal prosecution. For example – see here https://www.vintageautomotive.net/?p=379.

If you live in Pennsylvania and have a vehicle without a certificate of title Vintage Car Law® can help. The process that we employ involves investigating the history of the vehicle to the fullest extent possible then assembling the results of the investigation into an appropriate legal filing in the Court of Common Pleas. Through the process, the Constitutionally required due process is respected and the end result is hopefully a judgment or decree declaring that you are the lawful owner of the vehicle to the exclusion of all others and extinguishing any liens or claims, if any. You can then take the Court Order to Penndot to have it processed as an involuntary motor vehicle title transfer.

Once you tell us go we start immediately. You work with Attorney Bryan W. Shook every step along the way. Not only do you potentially learn more about your vehicle but you have the piece of mind knowing that you went about correcting the title defect in a most legal and ethical manner.

If you would like more information on how to legally title your vehicle or project please contact Attorney Shook today! If you prefer, call 717-884-9010.

Bryan W. Shook, Esquire is the founder of Vintage Car Law®Shook Legal, Ltd., and Motor Study®. Attorney Shook is changing the way the law looks at old cars and making the process more enthusiast friendly. Bryan Shook is a litigation attorney based with offices in Central Pennsylvania although he is regularly called upon to try cases across the country and represent clients around the world. Email or call today for more information. 717-884-9010

Can you get a bonded Title in Pennsylvania?

September 23, 2020 · Posted in Uncategorized · Comments Off on Can you get a bonded Title in Pennsylvania? 

I get the question regularly, can you get a bonded car title in Pennsylvania? The answer is no, that process is not available in Pennsylvania. Some states offer bonded titles as options to cars that do not have a title or for which the title has been lost. This is not the case in Pennsylvania.

It can be argued however that Pennsylvania has a better solution. If you buy a car without a title in Pennsylvania you must go through the Court of Common Pleas and seeking a decree that you are the owner of the car. Attorney Bryan W. Shook of Shook Legal, Ltd. can assist you.

When you hire Bryan W. Shook, he takes case and does the work for you. He thoroughly researches the vehicle’s history and puts everything together for the Court’s consideration. Through the process, the Constitutionally required due process is respected and the end result is hopefully a judgment or decree declaring that you are the lawful owner of the vehicle to the exclusion of all others and extinguishing any liens or claims, if any.

After you get the Court Order, you take that to Penndot for processing as an involuntary vehicle transfer and should end up with a clean Pennsylvania Certificate of Title.

Please contact Bryan W. Shook for more information. He can be reached at 717-884-9010 or by email. Bryan W. Shook, Esquire is the founder of Vintage Car Law®, Shook Legal, Ltd., and Motor Study®. Attorney Shook is changing the way the law looks at old cars and making the process more enthusiast friendly. Bryan Shook is a litigation attorney based with offices in Central Pennsylvania although he is regularly called upon to try cases across the country and represent clients around the world. Email or call today for more information. 717-884-9010

How to Find Long-Lost & Stolen Cars

March 26, 2020 · Posted in News · Comments Off on How to Find Long-Lost & Stolen Cars 

Did you know that Vintage Car Law® can trace, locate and investigate stolen and long-lost cars? Bryan W. Shook has even found cars that have been lost or stolen for 50+ years. Recently, Mr. Shook located and assisted in the recovery of a stolen, rare, vintage motorcycle for a client in Pennsylvania. The motorcycle was located by Mr. Shook in Indiana.

At Vintage Car Law® we pride ourselves on having access to very powerful research tools and unsurpassed databases of information regarding vehicle identification numbers, serial numbers and vintage motor vehicles generally. We are also very much aware of VIN differences and how scammers and thieves change VIN and serial numbers to disguise the fact that the car has been stolen or otherwise lost.

If you have a vehicle that you have lost or had stolen from you, give Bryan W. Shook a call (717-884-9010) or send him an email and see if he can trace it for you. Even if the initial trace is unsuccessful, Mr. Shook can work with you to re-notify all of the proper organizations around the world to ensure that the theft record has not expired from their system. Don’t assume that just because you filed a police report at the time of the theft that the vehicle is still actually noted as stolen. In many jurisdictions, the vehicle’s theft report is dropped after a few years. In other words, the vehicle may be able to be re-registered without the theft stop code blocking the registration/titling.

It is sometimes the case that a car goes missing after a restoration shop closes or because the owner dies and never told his/her spouse where the car was stored or being repaired.  Whatever the case, perhaps Bryan Shook can assist you.

Bryan W. Shook is the principal the internationally recognized trial litigation firm of Shook Legal, Ltd. Although Bryan Shook’s office is headquartered in Lewisburg, Pennsylvania area he has an office in Harrisburg, Pennsylvania and his practice regularly takes him across the country with clients continents away. During his career, Mr. Shook has not only become a powerful advocate for his clients but also one of the principal collector, antique, and automotive attorneys in the world. For more than a decade, Bryan Shook has worked to carve out and create the market that is Vintage Car Law®. It is through Vintage Car Law® that Bryan W. Shook acts for and represents leading antique and collector car dealers, brokers, restoration houses and private individuals throughout the United States and internationally. Attorney Shook has been responsible for innumerable and prominent cases, distinguishing himself with his unparalleled knowledge of automobiles and network of contacts, experts and clients. He is redefining automotive law. 717-884-9010

Integrity of a VIN – The Key to Identifying a Vehicle & Preserving Your Investment

January 15, 2020 · Posted in News · Comments Off on Integrity of a VIN – The Key to Identifying a Vehicle & Preserving Your Investment 

If the VIN or serial number on your vehicle, or the vehicle which you are buying or selling, has been removed and reinstalled on the car or has been tampered with or altered in any way you could face some serious consequences. These consequences could include criminal prosecution, fines and jail time. On the civil side of the law the monetary damages could be staggering.

Do you know what you are looking for when you look at VIN?

Many individuals, car dealers and collector car auctions have offered vehicles for sale that have VINs that have been tampered with in some fashion. Surprisingly, it is really not that uncommon!  Knowledge, on your part, is the key to avoiding such a situation. 

For the purpose of this article I am going to refer to all vehicle indemnification numbers as VINs.  I recognize that the older vehicles referred to these numbers as serial numbers and some vehicles are registered by engine numbers, body numbers or chassis numbers but for the purpose of this article I will collectively refer to all of these numbers as VINs. 

When the manufacturer assigns a VIN to a car or truck it is affixed in a specific fashion and by law (both state and federal) cannot be removed, altered, tampered with or obliterated except for very specific times when it is necessary for the repair of the vehicle.

When you are looking to buy a classic car, vintage or antique car or truck check the VIN tag to ensure that it is present and matches the make and model year of the vehicle you are looking to purchase.  Just this past week I ran across two GMC pickup trucks offered for sale with Chevrolet VIN tags! In other words if you are looking at a GMC and the VIN says Chevrolet, that is a major clue something is amiss.

Also this past month I found a Chevrolet pickup truck for sale which purports to be a 1966 with a 1963 VIN tag!  There are many sources to decode VIN numbers easily availible through your favorite search engine.  These sources are your friend.

Once you have confirmed that the VIN is of the proper type for the year and model that is only the first step. Next look at the patina on the tag, is it consistent with the condition and age of the vehicle that you are looking at?  Is the VIN tag affixed to the vehicle with the proper rivet, screws, spot welds, etc.? 

I don’t recall knowing of any instances were metal VIN tags were glued on from the factory. There should be something visibly affixing the tag to the vehicle. 

If you spot a vehicle with a VIN tag affixed in a non-authentic or questionable manner, stop immediately and contact Bryan W. Shook and Vintage Car Law® for assistance. Likewise, if the font, aspect ratio or the characters themselves do not look proper contact Bryan Shook for a quick opinion.

If you bought a vehicle that has a VIN that has been tampered with or removed at one point you should contact Bryan W. Shook for an opinion and to assess your options.  The last thing you want to do is be stuck with a hot potato or worse yet the subject of a criminal investigation for possession (or offering for sale) of a vehicle with a tampered/altered VIN.  Even if the seller did not know of the VIN issue this may not be an excuse or defense.  Contact Bryan W. Shook for more information.

For popular American cars and trucks through 1972 here is a listing of how the VIN should be affixed.  This list is not meant to be comprehensive or complete just illustrative and helpful.

Chevrolet (not including trucks)

1953 – 1959 Corvette – Pan Head Phillips Screws

Early-1960 Corvette – Pan Head Phillips Screws

Late-1960 – 1964 Corvette – Spot Welds

1965 (Very EARLY) Corvette – Pop Rivets

1965 Corvette -1972 Corvette – Rosette Rivets

1951-1964 Chevrolet (not Corvette) – Spot Welded (never RIVETS OR SCREWS)

1965 (Very EARLY) Chevrolet – Pop Rivets

1965 – 1972 Chevrolet – Rosette Rivets

Ford (not including trucks)

Model A through 1967 Ford – Stamped directly into Frame or Body of Vehicle (starting in 1940s there is a body plate affixed to the body or door of the vehicle that bears the VIN but this number must always be checked against the frame stamping/body stamping).  Look for a star at the beginning and end of the stamped number.

1968 Ford (earliest production 1968 model year Fords may not have had publicly viewable VINs in the windshield) – (screws – very rare), small diameter head pop rivets or rosette rivets depending upon the assembly plant

1969 Ford – Standard pop rivets or rosette rivets depending upon the assembly plant and time of production

1970-ON – Rosette Rivets (note for 1968-1970 VINs the rivets are not usually visible)

Chrysler, Dodge Plymouth (MOPAR) (not including trucks)

1931 – 1940s – Flat Head rivet

1950s – 1965 – Spot Welded

1966-1972 – Rosette Rivets

Trucks

Chevrolet/GMC Trucks (NOT El Camino)

1940 – early 1950s – Clutch head screws

Early 1950s – 1953 – Expanding Rivets (very large center hole)

1954-1964 – Spot Welds

1965 (Very EARLY) – Standard Pop Rivets

1965 (late) – ON – Rosette Rivets (NEVER standard rivets)

Ford, Mercury Trucks (NOT Ranchero)

Late 1940s – ON – Warranty Plate riveted (usually with expanding rivets (very large center hole)) to Body – Serial Number/VIN stamped into frame rail as found on other Ford products.

Dodge, Plymouth, Fargo Trucks

1940s – 1950s – Straight head screws

1960s – ON – Rivets (Must confirm Frame VIN matches)

If you think there is something fishy with your vehicle’s serial or VIN number contact Bryan W. Shook for an opinion.  Also, if you come across a vehicle with a known tampered VIN please let us know so that we can be aware of it for the future and to prevent future acts of misrepresentation and fraud.

As I wrote in prior article concerning fake and fraudulently made certificates of title; these types of problems concerning VINS and titles are very concerning because you may have purchased a car with a nefarious title history.  Worse yet, you may not even “own” the car you think you purchased. I have even been involved in cases where multiple cars/trucks share the same VIN in different states/countries!!!

How can you help to protect yourself and have confidence in what you are already own or are buying?  Order a Motor Study®!  Vintage Car Law® is proud to offer this one of a kind forensic vehicle title abstract and provenance confirmation service.  For more than a decade Bryan W. Shook, Esquire and Vintage Car Law® have established themselves as the leader in vehicle research.  This experience is now available to the public in the form of Motor Study®. Call now – 717-884-9010.

Are there Fraudulent or Fake Titles in Your Vehicle’s History?

August 14, 2019 · Posted in Uncategorized · Comments Off on Are there Fraudulent or Fake Titles in Your Vehicle’s History? 

Is your Serial Number or VIN authentic to your vehicle?

Have you recently purchased a car, truck or motorcycle and wondered about its history?  Perhaps it is freshly restored or an old original barn-find.  How good is the title that you received with it?  Is the serial number or vehicle identification number (VIN) authentic?  Has it been tampered with, altered, changed or replaced?

Recently it has been noticed that there has been a significant uptick in the number of fraudulent and fake titles for sale on the internet.  Some the most prolific concern old Harley Davidsons, Mustangs, Camaros, Corvettes and traditional hot rods such as Model T and Model A Fords and 1932 V8 Fords, etc.  An additional problem is fraudulent, fake or remade VIN or serial number tags.  These titles and tags are very convincing and look legitimate but when scrutinized and compared to the extensive Vintage Car Law® library they are clearly identified for what they are.  This is a very concerning problem because you may have purchased a car with a nefarious title history.  Worse yet, you may not even “own” the car you think you purchased.

How can you help to protect yourself and have confidence in what you are already own or are buying?  Order a Motor Study®Vintage Car Law® is proud to offer this one of a kind forensic vehicle title abstract and provenance confirmation service.  For more than a decade Bryan W. Shook, Esquire and Vintage Car Law® have established themselves as the leader in vehicle research.  This experience is now available to the public in the form of Motor Study®.

NO TITLE TO MY CAR WHAT SHOULD I DO? – READ THIS FIRST

August 13, 2019 · Posted in News · Comments Off on NO TITLE TO MY CAR WHAT SHOULD I DO? – READ THIS FIRST 

Buy a title off of eBay?

Register the vehicle in another State? Vermont?

Not having a title to your vehicle is a stressful and sometimes embarrassing situation.  There are legal ways of curing your missing title and there are illegal ways.  Buying a title and matching VIN plate and attaching them to your car are generally illegal.  Likewise it is unwise to register your vehicle in another non-title state (such as Vermont, Alabama, Georgia) and then “transfer” the vehicle back to Pennsylvania using the out-of-state registration and a bill of sale.  Sure there are plenty of videos and articles on the web that seem to show you how to game the system and obtain a title off of a bill of sale.  BE CAREFUL AND READ BELOW BEFORE GOING DOWN ANY OF THOSE ROADS.

If you do not have a title for your vehicle I strongly recommend against purchasing a certificate of title off of craigslist, Facebook Marketplace, eBay, etc.  I have recently noticed an uptick in the number of fraudulent or fake certificates of title for sale.  Nearly every state’s DMV title application (Penndot Form MV-1) includes a clause, just above where you sign, which states (usually under penalty of perjury or unsworn falsification to authorities) that the information included on the title application is true and correct.  If you purchase a title and obtain a matching VIN plate and attach that to your vehicle you are furthering a fraud and breaking the law.  Furthermore, with the prevalence of fraudulent and fake titles out there you could wind up in much larger mess. 

Think of the situation where you surreptitiously obtain a title to your vehicle using an out-of-state registration or you a bought VIN plate or title and you get a knock on the door or telephone call from the DMV investigator or State Trooper wishing to inspect your vehicle because someone just presented with the original vehicle. (It’s happened).

Most people are unaware that Certificates of Title are considered securities under Federal law and that possession and presentation of  falsely made, forged, altered or counterfeited car titles, in interstate commerce, is a violation of 18 U.S.C. § 2314 for which a person could be fined and imprisoned for up to 10 years!  Likewise it is also likely a violation of state securities law. 

Additionally, by purchasing a title you could be unsuspectingly obtaining a title to someone else’s vehicle and be guilty of theft by false pretenses (theft by deception).  Correspondingly attempting to circumvent Penndot by first registering your vehicle in Vermont (or another non-title state) will certainly run you afoul of the provision on the MV1 that everything on the form is true and correct and you could find yourself making unsworn falsifications to authorities.  Any title obtained under false pretenses or with misinformation or “half-truths” is void ab initio, or in plain terms JUNK and recallable by the state.

In summation buying a title or using the Vermont title trick might seem like the easy way out but it could land you in world of legal trouble which is easily avoided by simply obtaining a Court Order directing the DMV to issue a title to you for your vehicle.  Attorney Bryan W. Shook and Vintage Car Law® can certainly assist you in your quest to obtain a valid and lawful Pennsylvania Certificate of Title.   Attorney Shook has helped thousands of automotive enthusiasts throughout his career obtain reliable information about and legal titles to their automobiles, trucks, trailers and motorcycles.  The cost is generally about the same as buying a title or registering the vehicle out-of-state and switching that over to a Pennsylvania title.

In summation buying a title or using the Vermont title trick might seem like the easy way out but it could land you in world of legal trouble which is easily avoided by simply obtaining a Court Order directing the DMV to issue a title to you for your vehicle.  Attorney Bryan W. Shook and Vintage Car Law® can certainly assist you in your quest to obtain a valid and lawful Pennsylvania Certificate of Title.   Attorney Shook has helped thousands of automotive enthusiasts throughout his career obtain reliable information about and legal titles to their automobiles, trucks, trailers and motorcycles.  The cost is generally about the same as buying a title or registering the vehicle out-of-state and switching that over to a Pennsylvania title. If you would like information on how Attorney Shook can help you get a title to your vehicle please email him at bshook@shooklegal.com.

JUDGE AND JURY FIND AGAINST SELLER OF CAR WITH CHANGED TRIM TAG – NOT NUMBERS MATCHING – FRAUD – PUNITIVE DAMAGES

March 7, 2019 · Posted in News · Comments Off on JUDGE AND JURY FIND AGAINST SELLER OF CAR WITH CHANGED TRIM TAG – NOT NUMBERS MATCHING – FRAUD – PUNITIVE DAMAGES 

Chicago, Illinois – March 7, 2019 – United States Federal District Court for the Northern District of Illinois – A judge and jury have unanimously ruled that a car sold as “numbers matching” must have its original trim tag.

The case involved a 1969 Chevrolet Camaro RS Z28 (VIN: 124379N697642) and was prosecuted by Bryan W. Shook, Esquire (Vintage Car Law® – Shook Legal, Ltd.) and Richard K. Hellerman in Federal Court in Chicago. The car was bought by the seller in Illinois circa 2004 and immediately taken to a restoration shop for repairs/restoration. During the restoration the original color of the car was discovered to be Burnished Brown. The seller was unhappy to learn that the original color of the car was brown and not black. It was decided to repaint the car Tuxedo Black and change the cowl tag (trim tag) to reflect the updated color. Also during the restoration the interior was changed from black standard interior (code 711) to black custom interior (code 712). This change was also reflected upon the new cowl tag. The seller owned the car for a number of years and decided, in 2014 to sell it.

Photo of the Camaro – https://drive.google.com/open?id=1rQNM-G8yQW4EjyKnAT9A5tNyFAN2davj

The seller advertised the car in Hemmings Motor News as “1969 Camaro Z28, Tuxedo Black – all #’s and components matching … $119,000” The buyer, who had been looking for such a vehicle (specifically a Black or Hugger Orange Z28), called the seller and specifically asked if the car was originally black and if it was original numbers matching. The seller confirmed these statements and sent a picture of the cowl tag to the buyer as proof. A deal was struck for $119,000 and the car changed hands.

The buyer was very happy with the car; it was beautiful. It was not until an appraisal for insurance purposes, over a year later, that true nature and identity of the car was discovered. During the appraisal, conducted by a noted Camaro appraiser and expert, it was noted that the cowl tag was not original to the car. Additionally, it was discovered that the rear axle was poorly restamped and not original to the car. The buyer was SHOCKED and immediately sought to unwind the deal. The seller stayed steadfast insisting that all was fine with the car.

During the course of the litigation, it was discovered that the seller had not only changed the trim tag, but had also kept the original trim tag without ever previously disclosing this to the buyer.  The original trim tag was produced in the discovery phase of the case and the original trim tag clearly showed standard black interior and burnished brown exterior on this 1969 Camaro Z28. 

Photo of the original cowl tag –  https://drive.google.com/open?id=1f5LuTZQtni99u2eAV1pMGftvTvsIOwgV

A jury trial was held at the end of February, 2019 and the jury unanimously returned a verdict of fraud in favor of the buyer and against the seller. The jury found actual compensatory damages in the amount of $66,350 and $119,000 in punitive damages. The judge separately found in favor of the buyer and against the seller for breach of contract and breach of express warranties and ruled that the seller had to buy back the car (rescission) and pay buyer for all expenses incurred maintaining the subject Camaro since buyer first demanded rescission with costs of the suit. The total judgment award, including the rescission award was in excess of $300,000.00.

Specifically the judge found that the car was not numbers matching on at least four points:
1. The Camaro was not numbers matching because it had a different interior from when it left the manufacturer.
2. The Camaro was not numbers matching because it had a different color than it had when it left the factory.
3. The Camaro was not numbers matching because it had a different rear axle when it left the manufacturer.
4. The Camaro was not numbers matching because it had a different trim tag when it left the manufacturer.

Attorney Bryan W. Shook is not only a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market and protect their automotive investments. Attorney Bryan W. Shook is a seasoned automotive collector and restorer and as such brings real world experience and firsthand knowledge to the table for his clients throughout the world. Although Bryan Shook is headquartered in  central Pennsylvania (close proximity to Carlisle and Hershey), Attorney Bryan Shook is available anywhere for consultation, advice, and information, most times, on as short as a day’s notice. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at bshook@shooklegal.com or by phone at 717-884-9010.  More information can be found at Http://www.vintagecarlaw.com.

Theseus’ Paradox – Rebodies, Replicas & Tampered Numbers; an Automotive Identity Crisis

November 16, 2016 · Posted in News · Comments Off on Theseus’ Paradox – Rebodies, Replicas & Tampered Numbers; an Automotive Identity Crisis 

Greek historian and writer, Plutarch posed a question, over two thousand years ago, that has continued to confound philosophers.  “If the ship on which Theseus sailed has been so heavily repaired and nearly every part replaced, is it still the same ship — and, if not, at what point did it stop being the same ship?”  This same question can be posed differently and more succinctly; if one has an ax and replaces the handle and the head does he still have the same ax

This parable clearly presents a paradox that we collectors, restorers and enthusiasts of vintage and antique vehicles can well relate to.  At what point do our “restorations” become replicas of what the original is thought to have looked like?

Let us look for a moment at a fairly straightforward restoration of an otherwise solid car.  If a few body panels are replaced and others repaired and the drivetrain and chassis is otherwise original I think we can all agree that we have simply restored or rehabilitated the car; the majority remaining untouched and original.

But take the situation where  you replace the body but not the frame.  What about the situation where the frame and the body have been replaced?  What about just the frame? Does the authenticity of the engine change your opinion?  At some point the original car ceases to exist; its identity is destroyed and the resultant vehicle is a replica of what the original may have looked like.  True, to even the trained eye, a complete replica may well be indistinguishable from the original but it is clearly not the original.

As illustrated above, Theseus’ paradox continues to confound us in our hobby.  Cars today are being restored using many reproduction parts and it is unfortunately not uncommon to find that many of the rare cars have had their bodies, frames or had major components such as engines, transmissions or interiors replaced.    Other concerns regarding rebodied vehicles can be found in the article Rebodied Cars … what to do?.

Additionally, the removal and replacement of VIN and serial numbers can create an equally sticky situation Many laws have been enacted to protect the integrity of the VIN.  Pursuant to 18 U.S.C. § 511, the alteration of a VIN, could be a federal criminal offense.  Further, pursuant to 18 U.S.C. § 2321 whoever buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, a motor vehicle or motor vehicle part, knowing that an identification number for such motor vehicle or part has been removed, obliterated, tampered with, or altered, could be fined or imprisoned for up to ten years.  Similarly, Pennsylvania’s statutes also address this matter.  Specifically, 18 Pa. C.S.A. § 7703 states that a person who alters, counterfeits, defaces, destroys, disguises, falsifies, forges, obliterates or removes a vehicle identification number with the intent to conceal or misrepresent the identity or prevent the identification of a motor vehicle or motor vehicle part commits a felony of the third degree and, upon conviction, shall be sentenced to imprisonment for not more than seven years or a fine of not more than $50,000, or both.  Further, and most concerning is that pursuant to 18 Pa. C.S.A. § 7704  any person who purchases, receives, disposes, sells, transfers or possesses a motor vehicle or motor vehicle part with knowledge that the vehicle identification number of the motor vehicle or motor vehicle part has been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated or removed with the intent to conceal or misrepresent the identity or prevent the identification of a motor vehicle or motor vehicle part commits a felony of the third degree and, upon conviction, shall be sentenced to imprisonment for not more than seven years or a fine of not more than $50,000, or both.  Moreover consider, especially with the case of restamped engines that, in Pennsylvania, it is illegal knowingly buy, or sell an automotive part from which the manufacturer’s name plate, serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed unless instructed or done by the manufacturer.  18 Pa.C.S.A. § 4104.

Often times Bryan W. Shook, Esquire, through his law firm Vintage Car Law, is contacted concerning misrepresentation of vehicles that have been rebodied or otherwise replicated to appear one way when they were not actually produced in that configuration.  There is well-settled Pennsylvania case law which holds that “the deliberate nondisclosure of a material fact is the same as culpable misrepresentation.  Even innocent misrepresentations are actionable if they relate to matters material to the transaction involved; while, if the misrepresentation is made knowingly … materiality is not a requisite to the action…. A misrepresentation is material when it is of such a character that if it had not been made, the agreement would not have been entered into.”  McClellan v. HMO of PA, 604 A.2d 1053, 1060 (citations omitted).

In closing, if the car has been substantially modified during the restoration (i.e. rebuilt using all non-original parts, a new body, frame, engine, etc. )this information must be disclosed prior to the sale of the vehicle to the new owner.  Failure to do so could create legal liability.  The use of half-truths and crafty expressions of terms could create even further liability.

Attorney Bryan W. Shook is not only a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market and protect their automotive investments. Attorney Bryan W. Shook is a seasoned automotive collector and restorer and as such brings real world experience and firsthand knowledge to the table for his clients throughout the world. Although Bryan Shook is headquartered in  central Pennsylvania (close proximity to Carlisle and Hershey), Attorney Bryan Shook is available anywhere for consultation, advice, and information, most times, on as short as a day’s notice. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at BShook@shooklegal or by phone at 717-884-9010.  More information can be found at Http://www.vintagecarlaw.com.

 

Judge Rules that disgruntled ex-wife can sell husband’s rare 1968 Camaro

October 26, 2015 · Posted in News, Uncategorized · Comments Off on Judge Rules that disgruntled ex-wife can sell husband’s rare 1968 Camaro 

Pottsville, Pennsylvania – Vintage Car Law and Bryan W. Shook, Esquire where recently successful in defending and proving the title to a rare 1968 Chevrolet Camaro Rally Sport.  Bryan W. Shook, Esquire acted as lead trial counsel to the buyer of the rare 1968 Camaro.  The buyer purchased the Camaro from the ex-wife of the last titled owner.  When the husband found out his Camaro had been sold he sought to get the car back.  Attorney Shook petitioned the Court of Common Pleas of Schuylkill County for an order declaring that his client was the sole lawful owner of the Camaro and to extinguish any claim the husband may have to the car.  The court ruled that the wife had the power to sell the car even though she did not have the Certificate of Title in her name.  The Court’s Opinion can be found here – Judge Rules that disgruntled ex-wife can sell husband’s 1968 Camaro.

Bryan W. Shook, Esquire is the principal of Vintage Car Law  Attorney Bryan Shook has helped hundreds of Pennsylvania residents properly title their antique and collector cars through petitioning the Courts.  If you would like information on how Attorney Shook can help you get a title to your antique or collector car please email him at bshook@shooklegal.com.

Forensic Vehicle Fraud Investigations Available by Bryan W. Shook, Esquire

July 8, 2014 · Posted in News · Comments Off on Forensic Vehicle Fraud Investigations Available by Bryan W. Shook, Esquire 

Forensic Vehicle Fraud Investigations conducted by Bryan W. Shook, Esquire

  • VIN Research (Numbers Matching, Rebodies, VIN swap, etc.)
  • Fraud/Misrepresentation
  • Breach of Contract
  • Auction Misrepresentation
  • Prior Owner Research
  • Title History
  • Acid Etching (macro-etching) to raise obliterated stampings
    • Engine Numbers
    • Confidential Vehicle Identification Numbers (VIN)
    • VIN derivatives
    • Serial Numbers
    • Chassis Numbers
  • Body Panel Date Codes/Run Numbers
  • Data Plate and Trim Tag/Cowl Tag Decoding
  • Pedigree/Provenance
  • Race History
  • Restoration Quality
  • Production Characteristics

Often times the true identity, authenticity, original options, RPO, VIN, production date, or assembly manner of a vehicle is unknown or perhaps it is called into question. Bryan W. Shook’s methodology and extensive network of resources assists with the accurate identification and authentication of vehicles. This same approach also aids in the identification of questionable vehicles and vehicle’s attributes, provenance, pedigree, options or characteristics.

To find the fakes and answer the questions raised by the vehicle takes time, diligence and most of all an extensive exploration of the vehicle itself and the supporting documentation, if any. Bryan Shook painstakingly researches the pedigree and provenance of the vehicles for which he is contracted to investigate or authenticate. If something is amiss, he will likely find it. Bryan Shook is available on short notice to forensically investigate or document your single car or entire collection. Many times Mr. Shook insists upon an in-person evaluation of the vehicle so that the nuances of the vehicle can be studied and recorded.

Authentication is proving (or disproving) what that the classic car is what the owner or seller says it is. To a layperson, the car’s body and presentation is what makes it recognizable. To successfully authenticate a vehicle the minutia must be evaluated such as aberrations in the font used to stamp vehicle identification numbers.

As a practicing licensed trial attorney and award winning vehicle restorer, Bryan W. Shook, relies upon his unique training in evaluating and weighing evidence when scrutinizing and interviewing locatable past owners. The final product and opinion of Bryan W. Shook is presented to the owner with all supporting documentation which can be merged into the vehicle’s dossier. If necessary and requested all communications and discoveries will be held with the strictest confidence.

Bryan W. Shook has also assembled what is believed to be the most complete database of information surrounding Pennsylvania Certificates of Title and historical title information. This knowledge base has proven invaluable in the research of historically important Pennsylvania vehicles.

Selected Projects to Date:

  • 1905 Thomas Model 27 60-horsepower (1st known U.S. produced 6cyl automobile)
  • 1912 Packard
  • 1913 Alco
  • 1913 Pierce Arrow
  • 1924 Rolls-Royce
  • 1929 Packard
  • 1930 duPont Model G (only known duPont with the optional aluminum cylinder head)
  • 1931 Chrysler
  • 1953 Corvette (sold for near world record price after research was completed)
  • 1961 Corvette
  • 1967 Camaro Z28 (proved early ownership history by Pennsylvania Title records)
  • 1967 Chevelle SS L78
  • 1967 Jaguar E-Type
  • 1967 Shelby GT500
  • 1969 Corvette L88
  • 1970 Chevelle LS6 convertible
  • 1972 El Camino
  • 1976 Corvette Stingray

For more information on how Bryan W. Shook, Esquire can assist you with your vehicle or collection, please call him at 717-884-9010 or email him bshook@shooklegal.com for more information on Bryan W. Shook’s collector car practice, please visit http://www.vintagecarlaw.com.

 

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