I purchased a vehicle with my money for a business and now the business owner is claiming it is his There are two titles because the original owner thought he lost the title in the past and requested a duplicate title and didn't realized he gave me the original. Using the original title I obtained insurance under the company name (not my company) but on the policy my name is under financial responsibility and driver. The business owner found the title on my desk and signed the back of the title to his name and forged a bill of sale. He then gave it to a third party company, when they tried to register the vehicle it was kicked back because the title was not valid because there is a duplicate title. Now I have the valid duplicate title and the vehicle and the valid bill of sale in my name. The company owner is threatening to call the police and report the vehicle stolen. What do I do? Can I actually be arrested?
What do I do? Contact the police, and henceforth make sure that all your interactions with the business owner are in writing. That evidence will facilitate the police investigation in this fact-intensive matter. Can I actually be arrested? Yes, you are at risk of getting arrested regardless of whether you eventually prove the business owner is the one who broke the law. Hence the importance of contacting the police before it proceeds on the basis of his fraudulent accusations. The business owner has committed crimes including --but not limited to-- forgery, larceny, and attempted extortion (People v. Ramos, 34 Misc.3d 914, 920 (2012) and Matter of Spargo, 68 A.D.3d 1242 (2009) reflect that also the attempt of extortion leads to being charges and convicted, respectively). The timing of events could be indicative of the extent to which the business owner's criminal conduct was premeditated. For instance, it is unclear whose idea was keep the vehicle in his company's name notwithstanding that you had not acquired the company yet. If it was his idea, this will tend to weaken his denials of mens rea (given his subsequent course of action). Likewise, it is unclear what dissuaded you from purchasing the business. You need to assess whether he lured you in order to get your money for the car, and thereafter cause you to change your mind about the business.
Each of the 50 states plus non-states has their own laws, but there is nothing general about contract or other law in the US that forces a rental facility to accept customers who don't have / won't get the insurance that they require. It is a reasonable requirement, because it protects their interest insofar as angry customers might sue the facility because their car was broken into, and many of them would mistakenly believe that their car insurance covers theft or destruction of contents (thus leading to a desire to sue, to cover the property loss). It may be just too much hassle and too risky for them to assume the correctness of a customer's claim that they already have adequate coverage and will maintain said coverage, with no practical means to verify the claim.
The legal line has to do with title requirements for vehicles. There is no specific law that requires you to do anything in connection with the VIN when replacing parts, and you can swap VIN plates on vehicles, or destroy the plate – but that limits your rights with respect to the car. You need a certificate of title to operate or transfer (but not simply to own) a vehicle, per RCW 46.12.520. According to RCW 46.12.520, when applying for title, you have to include “A description of the vehicle, including make, model, vehicle identification number, type of body, and the odometer reading at the time of delivery of the vehicle”. This is trivially doable with an unmodified vehicle. Once you have that Washington certificate of title, then apparently (based on a reading of RCW 46.16a), you simply have to keep registering it. There is normally no need for a further certificate of title, unless you try to transfer it. If a new certificate of title is required, you may be in trouble for crossing a line. In case you need to apply for title (RCW 46.12.560) on a modified vehicle, the State Patrol may (probably will) perform a VIN inspection, since there would be a discrepancy in the description of the vehicle. The full list of inspection requirements is here and this document seems most relevant, being about “homemade vehicles”, as defined in WAC 308-56A-455. The core features of a homemade vehicle is that it is: (a) A vehicle that has been structurally modified so that it does not have the same appearance as a similar vehicle from the same manufacturer; (b) A vehicle that has been constructed entirely from homemade parts and materials not obtained from other vehicles; or (c) A vehicle that has been constructed by using major component parts from one or more manufactured vehicles and cannot be identified as a specific make and model. In that case, you need notarized bills of sale or certificates of title for all of the major components – by RCW 46.80.010 this includes at least each of the following vehicle parts: (a) Engines and short blocks; (b) frame; (c) transmission and/or transfer case; (d) cab; (e) door; (f) front or rear differential; (g) front or rear clip; (h) quarter panel; (i) truck bed or box; (j) seat; (k) hood; (l) bumper; (m) fender; and (n) airbag. So replacing the seat may trigger the requirement for a VIN inspection by WSP. Of course there is the question of how they would know, but I'm only talking about the law. There are various rules about the documentation that has to be provided, depending on the supplier: for example, if parts come from a private individual, the documentation requires everybody’s name, address, phone, description of parts, price, and the VIN of the original vehicle. If you can't do this, you can apply for ownership-in-doubt registration (no title) and 3 years later you can apply for title. So, an oil change is okay, changing seats is mildly risky. While exchanging parts on a same make-and-model basis is unlikely to cause any problem, real problems could arise if there is ever a comparison between your license plate and vehicle description (if the police run your plates). If you truncate your Explorer into a Mini-Cooper, the mismatch between description and license will be noticeable, and they would have reason to think the vehicle was stolen.
The person getting the item by fraud didn't get any ownership. Therefore when you bought it, you didn't get ownership either. It's still the company's property, and they can do with it what they like (within reason, they wouldn't be allowed to make it blow up in your face). If you sent back the item, good on you, because the item is now with its rightful owner. If you don't like it, you can sue the person who sold the item to you.
This is not a place for specific legal advice, but you shouldn't be afraid of the small claims court; I'm doing that myself and it really is a low-risk and straightforward way to get money that is owed to you. Step 1: Get the boiler repaired or replaced as necessary. Keep the receipts. Don't be tempted to get an upgrade or anything else to push expenses that are legitimately yours on to the other party; find out what the cheapest thing is that you can reasonably do to fix the problem and then do that. Step 2: Write a letter to the seller in which you set out the facts of the case and demand the cost of the repairs. Also include any other expenses you have had to incur, like money for your time off work while the repair is done. End it with "If you do not agree to pay this money within one month then I will take action in the county court to recover the money". Send it by recorded delivery and include a copy of the repair receipt (NOT the original). Step 3: If you do not get your money then go here and follow the instructions. You have to pay an up-front fee to the court which gets added on to the amount you are claiming. That is the only money you are putting at risk if you lose. The whole thing is as informal and straightforward as possible, and is purposely designed so that you don't need a lawyer, nor can you or the other side claim for the cost of a lawyer if you win. This is why your lawyer is pushing you to do this by yourself: he knows that his fees would be out of proportion to the amount in question, and you wouldn't be able to get that money back even if you won. The only other wrinkle is if the other party has moved far away: in general if a hearing is needed then it will be held near them rather than near you, so you might have to travel.
The booklet from the condominium management could legally be seen as a part of the lease, and you should have been aware cars can be towed without notice, and have in fact agreed to that by living there. The fact that the tow company entered your car really isn't relevant; they are tasked with removing the car, and by law, they must do everything they can in order to tow the car while not causing damage. They will be insured and bonded for damage during the tow and liability for storage at their lot; but in order to safely tow the car, they must have access to the parking brake, the gear shifter (if manual), the steering wheel (to straighten the tires, if needed, which could be a problem if the steering wheel is locked), etc. They can legally enter the car to ensure a safe tow if the car is unlocked, or use a "slim jim" or other tool to unlock the door, disable the alarm if needed, etc. If the tow company damaged the car while towing, or you find property is missing from inside the car when the care is returned, your issue is with the two company and not the condominium management. See Virginia Code § 46.2-118. Prohibited acts by tow truck drivers and towing and recovery operators
In the vast majority of jurisdictions, unpaid property taxes give rise to a lien that runs with the land. So, the new owners have an "in rem" responsibility to pay those taxes that can be collected against them solely by foreclosing on the tax lien and seizing the property if the tax isn't paid. Whether the previous owners also have any responsibility for the unpaid property taxes depends on state law which varies and on the terms of the real estate purchase and sale contract and deed in the transaction. Where I live, the real estate buyer is protected against a surprise tax bill once the sale is done in two main ways. First, the title company provides insurance against unpaid real estate taxes and will deduct any potential unpaid real estate taxes from the funds provided to the seller at closing unless the country treasurer has verified in writing to them that there are no real estate tax arrears for that parcel of property. Second, if the property is conveyed by a warranty deed that does not exclude a warranty that there are no property tax liens in existence for the relevant years, then the buyer has a right to sue the seller for the unpaid back taxes if that warranty turns out not to be true. Almost all sales of real property for full consideration between unrelated parties are carried out by a general warranty deed of this type that doesn't exclude property tax liens except for the current calendar year. If there is no title company involved in the transaction and/or the property is not conveyed by a warranty deed (e.g. it is conveyed by a quitclaim deed), then you could still avoid this risk by checking with the county treasurer to see if any back property taxes are owed on the parcel being sold and getting a certification in writing from the county treasurer of that fact, before agreeing to close on the sale. The title insurance company, or you, if there is no title insurance company, should also check the county real estate records normally maintained by a county clerk or recorder, to confirm that the seller really owns the property sold and that it has not been sold in a tax sale which would eliminate the back tax obligation but which would also mean that the seller no longer owns the property.
The use may constitute trademark infringement if it implies sponsorship or endorsement I'm going to assume US jurisdiction for this question, because you've not provided one, and you haven't provided enough car manufacturer names to suggest that this wouldn't apply to the US. I'll also only cover Federal law (the cases were tried in state courts), so be aware that there may be additional responsibilities under state law that I don't examine here. 15 U.S. Code § 1114: (1) Any person who shall, without the consent of the registrant— (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or (b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive. 15 U.S. Code § 1125: (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. These actions - the use of the trademarked manufacturer logo within the app - is likely to constitute trademark infringement, if the trademark owner's permission is not sought prior to publication, and the use of the trademark is likely to cause confusion as to the source, sponsorship or approval of the goods. What this means, is that if the trademarks are used in such a way that a reasonable person is likely to think that: The product is an official product from the owner/brand associated with the trademark; The product is sponsored by the owner/brand associated with the trademark; or The product is approved or endorsed by the owner/brand associated with the trademark. Then an action in trademark infringement may be brought by the trademark owner. Consider the following two cases: Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir. 1961) In this case, judgement was made for the defendant, as the defendant's field was not considered close enough to the plaintiff's for there to be a likely chance of confusion. AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979) In this case the trial judge decided that the trademarks Slickcraft and Sleekcraft were unlikely to cause confusion. This ruling was overturned on appeal and an injunction was ordered by the court. Possible defenses Nominative use of a mark When a mark is used solely to identify a product, this use is privileged. A descriptive mark used for its primary purpose Descriptive marks are a subtype of trademarks, which are descriptive in nature but have acquired a secondary meaning. Here, using a descriptive mark for its primary purpose has been found not to constitute infringement. General First Amendment protection Satire and parody are generally recognized as defenses if the primary purpose of the use is not directly commercial. If the products are not similar enough to be likely to cause confusion; and The use does not imply endorsement, sponsorship or approval of the product by the trademark owner then it should be fine. It seems that the situation in the question above would not give rise to confusion (unless the car manufacturer also develops an app, for instance), the second issue - endorsement - should be avoided. Many programs will have a legal section that includes ownership information and disclaims any association with the trademark owner(s). I have not been able to locate any cases where the effect of these sections have been tested. Further reading Overview of Trademark Law