NYC vehicle towed from previous owner's parking tickets- towing fee liability

[hanknows]

What is the name of your state?
New York
I just purchased a pickup truck for $800 cash. The seller gave me a valid title, keys and parked it at my apartment in a legal parking spot with the agreement that in a few days I would pick it up, drive it to NJ and immediately send him back the registration and licence plate so he can cancel his insurance.

When I arrived to collect it I found that it had been immediately towed away because it had over $700 in unpaid parking ticket debt. It is currently in an impound yard. I was able to reach the seller who is planning to temporarily leave town due to financial problems.

The seller just told me that he settled only the parking debt today and considers himself free and clear of this transaction and that I am responsible for the $400+ impound/towing fees. Currently the vehicle is still registered and insured in his name. Even if I were willing and able to pay this I would have to wait to receive the release documents which by then will accumulate to a larger amount.

In his mind the towing/impound fees should be paid by me because I technically owned the vehicle before it was found. My argument is that upon sale the seller never made any mention of any unpaid parking debt and that it was towed to the sole purpose of his dilinquency to pay parking fines.

What can/should I do?

[xylene]

So when you called the police, the NYS DMV title bureau and the Impound, what did they say?

[hanknows]

Originally Posted by xylene

So when you called the police, the NYS DMV title bureau and the Impound, what did they say?

I didnt call any of them. The impound website is pretty thorough and indicates why and when the vehicle was towed and that it will be auctioned off if not collected. Paying the impound fees are more than half the cost of the vehicle.

The truck has MI plates and title

Do I have legal recourse towards the seller? How should I mention this to him?

[You Are Guilty]

Absent a Contract of Sale that specifies otherwise, the "ownership" of a vehicle is transferred upon the conveyance of the title. The plates are irrelevant. Once you had the title, even if you didn't technically have "physical" possession (yet), it was still your truck, and thus, your responsibility.

That said, it's entirely possible some lamebrain Small Claims judge would say the seller had a responsibility to sell the truck with no liens (or at least to disclose their existance), and thus, is at least partially responsible for the tow, if not fully. Of course, to get a valid judgment, you'd probably need to file in NJ, but it doesn't hurt to try in NY. Filing fees for cases under $1,000 are only $15.

Good luck.

[xylene]

Originally Posted by You Are Guilty

Absent a Contract of Sale that specifies otherwise, the "ownership" of a vehicle is transferred upon the conveyance of the title. The plates are irrelevant. Once you had the title, even if you didn't technically have "physical" possession (yet), it was still your truck, and thus, your responsibility.

I don't buy this. In NY parking tickets attach to the vehicles registered owner, not the vehicle. I can unequivically say that in NY a simple set of unpaid parking tickets is not a lien on car. IE when you buy a car you don't buy the outstanding tickets, nor does sellering a car absolve tickets... nor is it the case the tickets are the joint and severable responsibility of the new and former owner.

Towing a car to get compliance for unpaid tickets is to force compliance from the registered owner, not to stop the car, like a nuisance business...

I am in agreement that the OP may need to sue the seller for the towing fees, however not interested in the OPs problems, since:

1 - They were too busy to deal with the vehicle immediately. (I would never do that...)
2 - They wanted to have some "scheme" with keeping the plates... never good.
3 - Last and Most importantly: The poster couldn't be bothered to make 2, perhaps 3 phone calls that could provide all the exact & required information to deal with this kind of situation, and possibly even an immediate resolution. OOPS.

[You Are Guilty]

Originally Posted by xylene

I don't buy this. In NY parking tickets attach to the vehicles registered owner, not the vehicle. I can unequivically say that in NY a simple set of unpaid parking tickets is not a lien on car. IE when you buy a car you don't buy the outstanding tickets, nor does sellering a car absolve tickets... nor is it the case the tickets are the joint and severable responsibility of the new and former owner.

I'm not sure where this came from as it appears we are in agreement. Maybe if I change my response to make it a bit clearer?
Once you had the title, even if you didn't technically have "physical" possession (yet), it was still your truck, and thus, the towing fees are your responsibility.

In simplest terms:
Anything that happens after the title transfer = new owner's problem.
Anything that happened prior = old owner's problem.

[hanknows]

Originally Posted by You Are Guilty

I'm not sure where this came from as it appears we are in agreement. Maybe if I change my response to make it a bit clearer?
Once you had the title, even if you didn't technically have "physical" possession (yet), it was still your truck, and thus, the towing fees are your responsibility.

In simplest terms:
Anything that happens after the title transfer = new owner's problem.
Anything that happened prior = old owner's problem.

the title has not been officially transferred yet. I only hold the tangible title as of now.

I suppose I should focus more on the lack of disclosure that was given to me in regards to the collected parking debt that flagged the vehicle.

[You Are Guilty]

Originally Posted by hanknows

the title has not been officially transferred yet. I only hold the tangible title as of now.

Uh, that like saying the light on my desk is officially off, but it's currently on. You can't both have the title and not have the title. If you are currently holding the title to the vehicle in your hand and the seller's signature is on the back in the proper area, then you not only have the official title, you own the truck. If, as I suspect, you're referring to the fact that the DMV records have not been updated to show the sale, then that's irrelevant to your problem - DMV records have nothing to do with the "risk of loss" (google it for an in depth discussion of owner liability).

I suppose I should focus more on the lack of disclosure that was given to me in regards to the collected parking debt that flagged the vehicle.

Like I said before, you can bring it up and hope for a sympathetic judge, but the law says it doesn't matter - a seller is not legally obligated to tell you anything about his parking ticket problems. But weird things happen in small claims, and merely not having the law on your side doesn't mean you can't win.

However, another issue you have is your failure to transfer the license plates to your name upon the transfer of the title. (NY law requires you to do so, or at least to remove the seller's plates). Had you done it, it never would have been towed. If I were the seller and you sued me, this would be the first thing I'd point out to the judge.

Good luck.