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Abandoned property in New York State, need some advice.

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danlk2

Junior Member
I live in NY, and am looking for a little bit of help. Hopefully someone on here is able to give me some:

In november 2010 I sold a used car to a private party. I told the buyer that I would include snow tires with the purchase, he would simply have to pick them up. A couple of weekends went by where he told me he would pick them up, then didn't show. I told him that I could not store them for him forever.

Fast forward to this past weekend (november 2011, 1 year after the sale of the car), I got a text from him saying that he wants to pick them up from me. Its been one year, I had no place to store these things and sold them in September (the total worth was only about $250), am I in the wrong? What are the laws in new york state regarding abandoned property? Would they apply here?
 


racer72

Senior Member
Did you give proper notice, say a written 30 day warning, to come and pick up the tires or they would be disposed of?
 

danlk2

Junior Member
No I did not.

There was no mention of the tires in the bill of sale, it was just a verbal agreement. As I mentioned, 3 or 4 weekends went by where he said he would come and pick them up then never showed. I did tell him that I didn't have a place to store them, but did not warn him that I would be getting rid of them because I hadn't heard from him for about 7 or 8 months at that point.
 

Banned_Princess

Senior Member
No I did not.

There was no mention of the tires in the bill of sale, it was just a verbal agreement. As I mentioned, 3 or 4 weekends went by where he said he would come and pick them up then never showed. I did tell him that I didn't have a place to store them, but did not warn him that I would be getting rid of them because I hadn't heard from him for about 7 or 8 months at that point.
if theres nothing in writing about them being included in the sale, you had the right to sell them. (because technically you didn't sell him the tires.)

If he wanted them so bad he should have come to get them.
 

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