If buyer dies during car sale If a buyer dies during a car sale, and the car was already reproted sold to the DMV but not registered, what happens? Does The car registration get unfrozen back to the seller after you inform the dmv? Or Does the car go to the buyers estate and is picked up by whoever gets the inheritance? 2 sounds more legal but 1 sounds easier for the dmv.
You can’t die “during” a sale The formation of a contract is instantaneous, if the buyer dies they have to die before there was a contract in which case the seller keeps the car or after there was one in which case the buyer’s executor and the seller must do everything necessary to complete the sale (or breach the contract and get sued). This has nothing to do with any administrative obligations that either party owes to a third party like the DMV. Failing to properly transfer title may lead to complications and disputes latter on but it doesn’t directly affect the contract.
The section you quote as clearly saying a thing is not clearly saying the thing. However: you cannot pass on or resell any license keys seems to say a thing clearly. However, one could argue that it's the sharer of the account who is in the wrong, and not the person receiving and passing on the account. I'd say that that piece of the agreement, combined with this: must not... let other people get access to anything we've made in a way that is unfair or unreasonable says that, yes, they are out of bounds.
Unlikely, but specific facts may change this. The fact a vehicle gets the approval of the NHTSA and/or other safety regulatory bodies will probably mean that it already passed a certain level of safety testing, and any reasons for a recall will only surface after orders of magnitude greater sample and/or testing time. Therefore, the probability of causing endangering participants in traffic and others are negligible. The duty of notice will most likely be on the manufacturer under a product liability theory. Driving continuously and/or repeatedly after notice may be a different matter if it actually results in harming one — theoretically even oneself.
Of course it doesn't work. You haven't discovered an end-around to property ownership I gave someone a car and want it back (they refuse) You no longer own this car. It is now titled in their name. Your interest in the car is now exactly zero whether or not they paid for it. I use a shell company to buy my own debt Okay. This has nothing to do with the car. You're now out of the cash it took you to set up this new entity. How are you doing this? I assume it means paying off your creditors with money you already have. You will also have to come up with some type of bogus documents that explain to the future court why this was even done. If you have the money, why do you have debt? My shell company sues me for conveying the car to conceal it from creditors Um, Ok. Now you're also out filing fees. Let's assume you know how to do this without paying an attorney to do it for you. I settle Makes sense, since you're suing yourself. The shell company now gets a court order to seize the car Seize the car how? This is a stretch. A judgement would be against you for the value of the car. You can't settle a lawsuit using assets you do not own. A court won't order something repossessed because of an unrelated squirrelly lawsuit. An exception would be a bankruptcy court that rules the item was sold or disposed of outside the court's orders. I would expect an astute court to hit you with contempt or sanctions for trying to use it to further your interests with some sort of end-around to property ownership. Expect more fees for this use of the court's time. The shell seizes the car No. Now I have the car back No.
What you are describing may be the crime of insurance fraud: to avoid that, you would have to admit to the insurance company that you put a "Please steal me" sign in an unlocked car with the keys in the ignition, in a high-crime area. If we remove some of the elements of the scenario and reduce this to "leaving the keys in the ignition", this would probably be be considered contributory negligence, meaning that you failed to act prudently to protect your property. This can reduce the amount that the insurance company has to pay you. At this point, it depends on what state you're in, since sometimes a little bit of negligence (in Alabama, Maryland, North Carolina, and Virginia) means that you may get nothing. However, negligence hinges on an assessment of the actions and intentions of a party, and what you describe isn't "neglect", there is the direct intent that the car be stolen. Insurance policies exclude coverage for intentional loss. So the bottom line would be that the person would be out a car, and could be in prison for fraud if they did not reveal what they actually did. One should assume that the thieves took a lulz video of the sign before they stole the car, and posted it on FaceTube where it entered the viral hall of fame and was used against you in a court of law, so fraud is the worst choice. An alternative if you have a car is to donate it to charity, and take a tax write-off.
Threatening to report the uninsured driver to avoid payment would be blackmail and illegal / criminal. As a result, they are not going to do this. Reporting the uninsured driver on the other hand is their civic duty. So they can get your friend into trouble, but they can't get around paying. Is your friend insured now? If not, tell him to get insured IMMEDIATELY. And if they are very lucky, the other company doesn't figure out your friend was uninsured, and they get away with it when they make a claim. Alternatively, tell them to figure out how much the damage is, how much the repair will cost, and whether it is worth taking the risk.
Powers of Attorney die with the principal Once the subject dies, they are null and void. For a person who dies intestate, the next of kin can apply to the court for an Administrator (not an Executor) to be appointed. This may be a person all the beneficiaries agree on or it may be a government public trustee.
There's a good answer in this thread by Trap_Door_Spiders Assuming the car was really stolen, not &quot;stolen&quot; in the sense my friend borrowed it and never gave it back, you could absolutely recover the car. The reason you could, is because you can't steal your own property. Theft is very specifically the taking of ANOTHER's property. Here the property and the title to it has remained with you, because it was stolen. A thief never gets title in stolen property--it's called a void title. A void title is no rights at all as compared to a voidable title which has no rights against the true owner, unless you are subsequent transferee for value without notice (Bona Fide Purchaser). Now we can even take this slightly further. Imagine our thief stole your car and now sold it to Hapless John and all the remaining facts are the same, can you still take the car? Yes, because title in property tracks from the seller of the property. You can only over transfer as good a title as you have in the property. So thief has a void title. When he sold Hapless John the car he transferred a void title, which is no interest at all. So when you see the car and take it back, Hapless John calls the police and reports it stolen too. As long as you could demonstrate it was stolen first, that's the end of the issue. Hapless John has to go find the thief and get his money from thief. Now obviously this all assumes you see the car on say a street or whatever. If you saw it saw it in a driveway, you could end up being charged with trespass unless your state privileges the recovery of stolen property by peaceable means. You still wouldn't be liable for theft, because of the void title, but you can get the other charges. All that said, you are better off having the police come and assist you. If you are even slightly wrong you get hit with the full force of the consequences. It's better just to have a police officer come and assist from a criminal liability stand point.