unknowingly purchased stolen property

[statenine]

What is the name of your state (only U.S. law)? California

Hi all,

In October of 2014 I purchased a motorcycle frame and motor from a guy on Craigslist. There was no other parts on the bike, just a stripped down frame and partially completed motor. I bought it with the intention of building it up from scratch. We checked it with the DMV and NICB to make sure it was not reported stolen, and all came up clean. So I spent the next 8 months buying the rest of the parts and building the bike. However once I was finished building the bike, I took it to the CHP to get a VIN verification done in order to get new paperwork from the DMV, and it turned out the bike was reported stolen back in the 90’s in the CHP database. The CHP was able to track down the original owner, so now I am in works with him to make a deal on either buying it from him, or if he would prefer, him taking the motor and frame back into his possession.

So here is my question. On the frame, I had the back half cut off and I added a new rear section to it. I paid $1000 to have this new rear section installed on the frame. So I am wondering, if the owner decides he wants to take the frame and motor back, is he legally required to pay me for the work I have done to it? Either that, or the other option is he has to let me remove the part that I added since I own it (I do have receipts for it)?

Upon doing some research, I found California Civil Code, Section 1025:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1025-1033

The way I understand this is that since I unknowingly purchased stolen property (in good faith), the owner must either pay me for the part I added to his frame, or let me remove it. That is, if he does decide he wants it back. I am going to have a phone call with him regarding what he wants to do, and I just want to be prepared if it comes to this.

Thanks!

 

[Just Blue]

Bump!!

****************************..

 

[quincy]

I thought this thread looked familiar. It is an older one and I assume that statenine has spoken with the owner by now.

When you purchase stolen goods, whether you knew the goods were stolen or not, you have no legal right to these goods - even if you have improved the goods.

I hope the owner has allowed you to purchase from him the motor frame and motor so that your work on the bike did not go to waste - and I hope the owner has been able to track down the thief.

 

[Just Blue]

I thought this thread looked familiar. It is an older one and I assume that statenine has spoken with the owner by now.

When you purchase stolen goods, whether you knew the goods were stolen or not, you have no legal right to these goods - even if you have improved the goods.

I hope the owner has allowed you to purchase from him the motor frame and motor so that your work on the bike did not go to waste - and I hope the owner has been able to track down the thief.

I was looking at "who's online" and saw OP lurking. So I just did a bump.

 

[quincy]

I was looking at "who's online" and saw OP lurking. So I just did a bump.

Ahh. I was wondering what the "bump" was all about.

 

[statenine]

Thanks all! I did speak with the owners daughter (the original owner is now deceased), and she is in charge of his trust. They do not seem to want the parts back, and are willing to try and deal with me, however it has been very difficult communicating with her. Myself and the CHP (who I am working with on this matter) have tried contacting her multiple times but she is not responding now. The parts are currently sitting in a temporary impound type location. Do the owners have a certain amount of time to recover the parts (or make a deal with me) before they legally give up interest in the parts? I assume the place can't store the parts forever, and at some point they would just go to auction if we don't hear back from them?

Also, would someone mind explaining to me what the California civil code I pasted a link to above pertains to? I was pretty confident I was right about that, but if not I am really curious what it pertains to.

Thanks again!

 

[quincy]

Thanks all! I did speak with the owners daughter (the original owner is now deceased), and she is in charge of his trust. They do not seem to want the parts back, and are willing to try and deal with me, however it has been very difficult communicating with her. Myself and the CHP (who I am working with on this matter) have tried contacting her multiple times but she is not responding now. The parts are currently sitting in a temporary impound type location. Do the owners have a certain amount of time to recover the parts (or make a deal with me) before they legally give up interest in the parts? I assume the place can't store the parts forever, and at some point they would just go to auction if we don't hear back from them?

Also, would someone mind explaining to me what the California civil code I pasted a link to above pertains to? I was pretty confident I was right about that, but if not I am really curious what it pertains to.

Thanks again!

You will need to continue trying to reach the owner's daughter - or wait to purchase the property at auction.

When stolen goods are sold, the thief who has no legal rights in the goods cannot pass legal rights onto the purchaser. The purchaser has no rights in the stolen goods. The rights remain with the owner/theft victim.

Any legal action you might have to recover costs would be against the thief from whom you purchased the stolen goods.

Good luck.


Here is the California Code that applies (PEN §1407-1413): http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1407-1413