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
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.
Collector Car Market Experiences Billion Dollar Growth over last 10 years
Choosing the Right Legal Counsel Makes All the Difference
The collector car insurance company Hagerty Insurance is reporting that the collector car auction business in the United States is now a billion dollar business. Reports suggest that the total gross auction sales in 2013 eclipsed $1,300,000,000.00 ($1.3 Billion) according to Hagerty. Hagerty comparatively notes that in 2004 the figure was around $282,000,000.00 ($282 Million). This is a billion dollar growth in the United States collector car auction market in ten short years! As Hagerty and other news outlets note, this growth is not simply confined to the United States, but the world-wide collector car market has soared similarly over the same time-period.
With this type of unprecedented growth within the collector car market, hobbyists, collectors and car investors need to be more vigilant than ever to protect their investments and their collections. The market is ripe for fraud, misrepresentations and other nefarious actions, including ownership disputes and estate or probate litigation. If you, unfortunately, find yourself on the cusp of a dispute or hauled into court or other legal tribunal over the title, ownership, pedigree, provenance or history of an antique or classic car or collectible, you must be prepared to present your side of the story in an intelligible, persuasive and cogent manner. You would be best served by employing an attorney who fully understands the issues you face and the collector car market and car auction industry.
The handling of a legal matter concerning an antique or collector car is markedly different than other types of legal matters. In the collector car hobby there are “terms of art” (i.e. trim tag, restamp, NOS, NOM, matching numbers, etc.) that must be defined for the Court in order for your position to be argued effectively. Furthermore, many times it will not simply be enough to define the term, but rather the term itself and its application to the facts of the case are what the case’s ultimate determination may turn upon. This is where it pays to hire an attorney who not only “speaks your language” but also knows how the frauds are perpetrated and how to persuasively represent your position to the Court or Jury.
Ultimately, collectors must be hypervigilant in the current market and careful to employ the right legal counsel and other professionals with respect to their dealings, collections, and businesses. The market is constantly changing, not only in its growth but also in its technicalities and breadth, a collector’s diligence is of paramount importance.
Bryan W. Shook, Esquire is an attorney in Camp Hill, Pennsylvania whose practice areas include vehicle fraud, dealership fraud, VIN matters, title fraud, VIN error, estate ownership questions and general collector car problem resolution. 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 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 Camp Hill, 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.
Vehicle Identification Numbers
Vehicle Identification Numbers
(What are they; where are they found and why are they important?)
What is a Vehicle Identification Number?
A Vehicle Identification Number also commonly known by its acronym “VIN” is the unique identifying serial number of a motor vehicle. Manufacturers of vehicle have assigned unique identifying numbers to their vehicles since the dawn of the automobiles however early forms of vehicle identification numbers were usually very short (three of four numbers) and usually found stamped in the engine block or on a small brass plate on the frame of body of the vehicle. The process of identifying vehicles by their engine numbers started early on but a problem quickly arose when an engine had to be replaced. This problem however was not rectified until approximately 1954. Starting in approximately 1955 US auto manufacturers began using unique Vehicle Identification Numbers to uniquely identify all US built automobiles. The compelling force behind this change in practice was a desire to work with law enforcement and state’s DMVs to reduce the amount and opportunity for VIN fraud and stolen vehicle trafficking. Prior to 1954, vehicles were identified by body number, chassis number, serial number or engine number. One can imagine how confusing this would have been and how great the potential for fraud would have been.
A VIN is the DNA of a vehicle, that is to say it is the unique identifier of every vehicle. The VIN is the number by which s vehicle is registered and titled. Decoding a VIN can tell you many things including when the vehicle was built, the model of the vehicle, the assembly plant and possibly even the original engine displacement. Since a VIN plays such an important role in the identity of a vehicle, much fraud has arisen over the years surrounding VINs.
Where are VINs located and how can I tell if the VIN on my car is the correct VIN?
Since the beginnings of automotive production the engines, bodies and usually the frames of vehicles have been assigned identification numbers usually in a serialized fashion. Beginning with the 1970 model year, nearly all vehicles produced for sale in the United States have had the VIN placed in at least three distinct locations.
- Public VIN (since January 1, 1968 visible through the windshield)
In the United States, the National Traffic and Motor Vehicle Safety Act of 1966 (effective January 1, 1968) mandated certain safety requirements on vehicles to be sold in the USA such as side marker lights, safety belts and Vehicle Identification Numbers (VIN) visible on the dash through the windshield. This is VIN location has come to be known as the “public VIN” and is probably the VIN that you are most familiar with.
- Federal Motor Vehicle Safety Standards Certification Sticker (since August 31, 1969 found in the door jamb or on the door)
Starting with all vehicles manufactured after August 31, 1969, Federal Motor Vehicle Safety Standards (“FMVSS”) certification sticker was required to be affixed to the vehicle which also included the VIN of the vehicle. Effective January 1, 1972, the sticker also had to include gross vehicle weight (“GVWR”) information on the certification label. On Chevrolet models from the 1970s, this sticker is blue and is found on the driver’s door.
- Hidden or Confidential VIN
VINs have been stamped into frames of vehicles for many years, however the process became more uniform starting approximately during the 1968 model year. The VIN was stamped into various metal objects on the vehicle, including the frame, the body, the engine, transmission and other places. The VIN on the frame or the body became known as the Hidden VIN, the Confidential VIN or the Federal VIN. This number is usually not a full, complete VIN but a derivative thereof. The sequential production number of the hidden VIN should match the sequential production number (the last five or six digits) of the Public VIN and if the vehicle was produced after August 31, 1969, the FMVSS certification sticker. The VIN on the engine and transmission would have also been a derivative of the VIN and it too should match the Public VIN provided that the engine and/or transmission is original.
Why are VINs so important?
A vehicle’s identification number is very important as it is the only unique identifier a vehicle possesses and accordingly its integrity and validity must be established and preserved. This is especially true with collectible vehicles given their inherent and actual values. When you look a vehicle for potential purchase, you must view the VIN in as many of the locations as you reasonable are able to view it. Start with the public VIN and see if it is consistent with other examples of the year, make and model; ensure that it has not been tampered with or affixed in such a way as to make it not appear as original. If the public VIN is missing, loose or appears tampered with in any way, contact a marque specialist and attempt to locate the hidden or confidential VIN for the vehicle to ensure the public VIN is the proper VIN.
What if the Confidential VIN and the Public VIN do not match?
If the confidential VIN and the public VIN do not match, you have a major problem which needs to be addressed professionally and legally. In short, if the public and confidential VINs contradict one another, you have an unsalable vehicle with a title defect; specifically you have a vehicle which purports to have two identities. Common reasons for the two not to match are that the vehicle itself is stolen or was stolen or salvaged in the past and another VIN (a good clean VIN) was affixed in the public location to make the vehicle appear as though it was “clean” when in reality it was not. Another reason for the two VINs not to match is that the vehicle was rebuilt from several other vehicles. If a vehicle has been rebuilt and bears two VINs that can be a problem as this is the usual excuse that is given when a vehicle has been “re-tagged” to disguise a title problem or a former theft; much scrutiny must be employed in this instance. When the Confidential VIN and the Public VIN do not match it may also be an instance of a “rebody”. A “rebody” is a vehicle which has had the body replaced and the VIN of the original vehicle affixed to the “donor” body. The legal issues surrounding rebodied vehicles are explored in another article.
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 P.S. § 1.4(a) 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. Further, and most concerning is that pursuant to 18 P.S. § 1.4(b) 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.
In laymen’s terms the VIN of a vehicle must be preserved and protected and if you are in possession of a vehicle with a VIN or VIN tag or VIN plate which has been altered, removed and replaced or otherwise tampered with you could face serious civil and criminal offenses. The best advice is to contact an attorney at once who can analyze your situation and assist you with identifying your legal options.
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.
The Status of Vehicle Titles in Pennsylvania
The Status of Vehicle Titles in Pennsylvania
By: Bryan W. Shook, Esquire
bshook@shooklegal.com
BUYING A VEHICLE WITHOUT A TITLE
In the realm of car collecting, one thing can cloud a bargain more than anything else, a vehicle with no title. The statement “no title” or “sold on bill of sale only” is usually enough to make most potential purchasers turn and run, FAST. But should it really scare us away? Perhaps, but not without good reason.
A vehicle sold without a certificate of title is a vehicle sold with questions.
Before you purchase any vehicle without a title, you must ask yourself the following.
- Why doesn’t the seller have a title to transfer to me?
- Is the vehicle listed in either the NMVTIS or the NICB VinCheckSM?
- How am I going to get a certificate of title in my name?
Why doesn’t the seller have a title to transfer to me?
The most obvious question is why does the seller not have a title to the vehicle? There are many potential answers to this question that should be asked prior to negotiating for the purchase of this vehicle.
For instance, the vehicle could be missing its title because it was previously salvaged and somehow escaped destruction (i.e. crushing); or worse yet, the vehicle could be stolen. These are reasons to RUN, FAST!!!
Often the case, however, is that the vehicle was abandoned, so to speak, by the last owner who held a certificate of title. This usually happened when the vehicle had fallen into such a state of disrepair that the condition and its value at the time made the title and registration of the vehicle a moot point. Accordingly, whoever acquired the vehicle from the last person may not have requested a transfer of the title for these, or similar reasons.
The answer to this first question often tells you 90% of what you need to know. Trust your instinct. If the story sounds fishy or otherwise unbelievable; it probably is.
Is the vehicle listed in either the NMVTIS or the NICB VinCheckSM?
Before you purchase a vehicle without a title you should run the VIN through two sources. The first is an initiative of the United States Department of Justice located at http://www.vehiclehistory.gov/ and known as the National Motor Vehicle Title Information System (NMVTIS). The NMVTIS is designed to thwart the registration of stolen vehicles and prevent title fraud. An important note, however, when researching the NMVTIS for collector cars, is that the system is still in its infancy and relies upon information uploaded from individual states. Results of the NMVTIS include where the vehicle was previously registered and if it has ever been reported stolen or had any other title issues in the past. With respect to antique and other older collectible vehicles, it is possible that some “older” thefts may have slipped through the cracks. So, don’t rely too heavily on the results of the NMVTIS search if it comes back with no record found. This is why it is important to also check the second source.
The second source that should be checked is the National Crime Insurance Bureau’s (NCIB) VinCheckSM. This database includes information regarding whether a vehicle has been reported stolen. The link to search the NCIB database is https://www.nicb.org/theft_and_fraud_awareness/vincheck .
Importance of an Adequate Bill of Sale
If you choose to go ahead with the purchase and buy the vehicle, it is highly recommended that you have the seller give you a bill of sale for the vehicle. It is important that the bill of sale identify the vehicle by year, make, model and VIN. The seller should state something to the effect that they are delivering you the absolute rights of possession and ownership of the vehicle. The seller should also state that to the best of his/her knowledge the vehicle is not stolen and how they acquired the vehicle and from whom. Of course the bill of sale should also indicate the date of the transaction and full contact information for both you and the seller. This will ensure compliance with 13 Pa. C.S.A. § 2401 and will assist you in the acquisition of a certificate of title down the road.
How am I going to get a certificate of title in my name?
The current laws in Pennsylvania contemplate only scenarios in which certificates of title are transferred with every vehicle transaction. Therefore, by extension, the law fails to contemplate a scenario in which a person or entity would acquire a vehicle or vehicles for which no owner can produce and accordingly transfer a certificate of title.
Similarly there appears to be no law, regulation or procedure, formally in place, for the motioning of the Court for a declaration of ownership of a motor vehicle so as to permit Penndot to issue a new certificate of title to memorialize the current owner and allow for registration of the automobile. Further it is important to note that Penndot has unfortunately purged many of their old motor vehicle records, including ownership and registration records. As a result, Penndot openly states that “[v]ehicle record information is available for the past 10 years only.” Penndot Form DL-135 (Rev. 9-10). Obviously this practice of record retention leaves open many scenarios whereby an owner cannot acquire a certificate title because Penndot has no record of ever issuing one.
What can be done to acquire a title? One solution is to Petition the Court of Common Pleas in Pennsylvania. Attorney Bryan Shook can assist you with this. He can be reached at BShook@shooklegal.com.
Legal History Lesson:
Vehicle titles in Pennsylvania are often the most misunderstood aspect of vehicle ownership. This is because of historically misinterpreted and misunderstood notions of what exactly constitutes “ownership” of a motor vehicle in Pennsylvania.
Under the Pennsylvania Motor Vehicle Code, an “owner” is defined as:
A person, other than a lienholder, having the property right in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
75 Pa. C.S.A. § 102.
The Superior Court has described titles and ownership this way;
[i]n Braham & Co. v. Steinard-Hannon Motor Co., 97 Pa.Super. 19, 23 (Pa. Super. Ct. 1929), though it involved the interpretation of earlier legislation concerning motor vehicles, the following language of Judge, later President Judge, Keller is nonetheless pertinent and applicable to The Vehicle Code of the present day: ‘It is clear that the primary purpose of the Act of 1923, supra, was to protect the public against the theft of automobiles and their resale by the thief, and to facilitate the recovery of stolen automobiles. It was a police measure, and was not designed to establish the ownership or proprietorship of the car, * * *.’ And at page 25, of 97 Pa.Super. Judge Keller said: ‘It follows that the act does not provide nor intends to provide that the ‘certificate of title’ shall determine the absolute ownership of the car, or alter or affect in any manner the actual ownership of the vehicle and the relations of the persons interested in it. It only requires registration by the person entitled to its possession and in control of its operation. The certificate is not a warrant of ownership or muniment of title as usually understood in the law. It may be relevant evidence in establishing such title.
Weigelt v. Factors Credit Corp., 174 Pa.Super. 400, 404, 101 A.2d 404, 406 (Pa. Super. Ct. 1954)
The idea that a vehicle may have both a legal and an equitable owner was recognized by the Commonwealth Court in Dept. of Trans. v. Walker, 136 Pa.Cmwlth. 704, 584 A.2d 1080 (1990). The Court in Walker stated that “[i]t follows that Section 102 of the [Vehicle] Code does not provide nor intend to provide that title to a motor vehicle shall determine absolute ownership of such. In fact, our research reveals that in Pennsylvania, the certificate of title constitutes no more than some evidence of ownership.” Id., 584 A.2d at 1082, citing Semple v. State Farm Mutual Automobile Insurance Co., 215 F.Supp. 645 (E.D.Pa.1963). See also Aetna Casualty & Surety Co. v. Duncan, 972 F.2d 523 (3d Cir.1992) (under Pennsylvania law, a state-issued certificate of title is in no way controlling on the question of ownership).
The courts of Pennsylvania look to see who it is that in fact possesses the attributes commonly associated with ownership. Aetna Casualty & Surety Co., at 526. The elements of ownership that Pennsylvania looks at are the elements of use, benefit, possession, control, responsibility for, and disposition of the automobile. Wasilko v. Home Mut. Cas. Co., 210 Pa.Super. 322, 326, 232 A.2d 60, 62 (Pa. Super. Ct. 1967).
Conclusion
In summation, although you may not have received an actual certificate of title when you purchased your vehicle, you still most likely own the vehicle. This is barring any type of theft in the vehicle’s past or another “owner” stepping in and challenging your interest while asserting that their interest is legally better than yours.
With this in mind, the motioning of the Courts for a declaration that you are the owner of the vehicle, and therefore entitled to a certificate of title from Penndot is often your best bet in getting the vehicle properly titled and on the road. The declaration of ownership is possible if you have actual legal ownership of the vehicle. The court will, to the extent that it is able, extinguish the rights and interests of all others, whom you are able to find and notify of the proceedings, in the vehicle. This will ultimately allow you to register and enjoy your vehicle without having the issue of not having a title hanging over your head and clouding your “ownership” of the vehicle.
Finally, always remember that a vehicle sold without a certificate of title is a vehicle sold with questions. This, however, does not absolutely mean that the vehicle can never again be titled. It does however underscore the need for the exercising of enhanced due diligence throughout the transaction.
The above information is in no way meant to be construed as anything more than general information. The above information is not legal advice. The author encourages you to seek the help of an attorney any time you are contemplating the purchase of a vehicle without a certificate of title. Further THE AUTHOR ASSUMES NO RESPONSIBILITY AND ACCEPTS NO LIABILITY FOR ACTIONS TAKEN BY USERS OR READERS OF THIS DOCUMENT, INCLUDING RELIANCE ON ITS CONTENTS. It is strongly encouraged that you seek legal counsel for all matters related to a collector or antique vehicle purchase given the amount of money involved and the rarity of the vehicles. This information is not intended nor does it create an attorney-client relationship.
This page includes links for your assistance only. This page is in no way associated with the NCIB page or the NMVTIS.
Bryan W. Shook, Esquire is a devoted automobile enthusiast. Attorney Shook would be glad to help you with any vehicle title issues you may have including lost titles, no titles, bill of sale transactions, etc. Attorney Shook is a collector and as a collector knows the ins and outs of the hobby, let Attorney Shook’s legal knowledge of the collector car hobby work for you. Attorney Bryan Shook can be reached at 717-884-9010 or by email at BShook@shooklegal.com. For more information – http://www.vintagecarlaw.com.
Estate Sale of Important Cars Nets Nearly $500,000.00
30+ Antique Cars Sell for $494,400.00 at Rural
Pennsylvania Sale
By: Bryan W. Shook, Esquire
Email: bshook@shooklegal.com
Estate Sale – Allen Shaffer, Esquire
April 24, 2010 – Millersburg, Pennsylvania
Allen Shaffer, a well respected local attorney recently passed away and this past Saturday the majority of his car collection came to sale. Over thirty lots were offered with no reserve, no bidder registration charges and with no buyers premium.
By the mid afternoon, all of the vehicles had been sold and the proceeds realized were just about $500,000.00 from the sale of the vehicles.
Here are the results along with the comments of Bryan W. Shook who personally attended the sale.
|
Year |
Make |
Model/Type |
Comments |
Price |
|
1931 |
Ford |
Model T – 5 -Window Coupe |
$19,000.00 |
|
|
1981 |
Delorean |
$20,000.00 |
||
|
1923 |
Buick |
Touring |
bad water pump – lower hose disconnected & pump corroded |
$18,000.00 |
|
1949 |
Studebaker |
Commander convertible |
Nicely Restored |
$25,000.00 |
|
1917 |
Maxwell |
Touring |
Restored 10yrs ago – didn’t run at time of sale |
$17,000.00 |
|
1925 |
Nash |
2dr Sedan |
Nicely Restored |
$11,000.00 |
|
1915 |
Ford |
Model T |
$13,000.00 |
|
|
1925 |
Nash |
Touring |
Great Condition, very nice car |
$20,000.00 |
|
1913 |
Buick |
Touring |
No Title – Yet |
$28,000.00 |
|
1929 |
Lincoln |
7 Passenger Phaeton |
$65,000.00 |
|
|
1910 |
Buick |
Run-a-bout Roadster |
$20,000.00 |
|
|
1908 |
International |
High-Wheeler |
Nice Original – found in barn in New Bloomfield, Perry County, Pa in mid 1940s |
$19,000.00 |
|
1953 |
Ford |
F100 |
Titled as 1954 – OHV I6 |
$15,500.00 |
|
1906 |
Cadillac |
Tulip Roadster |
$54,000.00 |
|
|
1954 |
Ford |
Crestline 4dr |
Needed work & carpeting |
$8,000.00 |
|
1917 |
Studebaker |
Touring |
Nice older restoration |
$23,500.00 |
|
1962 |
Studebaker |
Lark convertible |
$7,500.00 |
|
|
1927 |
Ford |
Coupe |
$8,000.00 |
|
|
1972 |
Chevrolet |
Impala convertible |
Shoddy Repaint – overspray evident, poorly masked |
$9,000.00 |
|
1918 |
Stanley |
Steamer Touring |
$46,000.00 |
|
|
1976 |
Lincoln |
Continental |
$1,600.00 |
|
|
1922 |
Dodge |
Touring |
3 owners from new, had side window curtains – very nice potential |
$9,000.00 |
|
1976 |
Buick |
LeSabre |
$1,300.00 |
|
|
1922 |
Whippet |
4dr sedan |
$9,000.00 |
|
|
1999 |
Ford |
F150 pickup truck |
6cyl 4wd |
$8,000.00 |
|
1951 |
Kaiser |
4dr sedan |
No Title |
$5,000.00 |
|
1965 |
Chevrolet |
Corvair |
Possible missing VIN Plate??? Total Mess |
$1,800.00 |
|
1951 |
Henry J |
Corsair Deluxe |
Cooling Issue |
$8,500.00 |
|
1969 |
AMC |
Rebel SST 4dr Sedan |
6cyl – Very Nice Original |
$1,200.00 |
|
1958 |
Mercedes |
190D – 4dr |
Project car with good parts, some trim, but hood wouldn’t open |
$500.00 |
|
1991 |
Yugo |
“Needs Fuel Pump” |
$2,000.00 |
|
Total Sales: $494,400.00
|
|
As one can surmise from the results listed above, the sales prices were fairly reflective of the market today. While the auction was largely under promoted, collectors, brokers and dealers showed up from several states including, Ohio, New York, Connecticut, Maryland and New Jersey to bid on and buy cars and automobilia from this great collection.
Most of the cars in the collection were operational and nearly all of them presented very well. The cars purchased from this collection are sure to be coveted pieces in future collections. While higher prices may have been realized had an auction house such as Carlisle Auctions, RM Auctions, Bonhams or Goodling offered the vehicles, this sale proves that not all collections must be sold through a large auction venue to achieve market value results.
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. Attorney Bryan Shook is available throughout the United States for consultation, advice, and information. If you’d like more information or would like to speak with Attorney Bryan W. Shook please email him at BShook@shooklegal.com.
Bid with knowledge. Buy with confidence. – Vintage Car Law
