Dealer & curbstoning

[vivasmyangel]

What is the name of your state? PA What is the name of your state?PA This is pretty long but I'm going to give it a try here. In late 2003 I approached an aquintance of mine whom I've known for atleast 15-20 yrs. I always bought my personal automobiles from him who had been in business for atleast 25 yrs & had a good reputation. In late 2003 I had approached him if I could sell cars..he agreed. Our agreement was this..For every car I bought with my OWN money thru his dealership at the auction I would give him $200. plus ALL the title/transfer work will go thru him once I sold the car. (So remember I gave him $ plus all the proper paper work was done legal & thru his dealership.) The titles went straight to him from the auction so they went into his dealerships name not mine...I thought everything was ligit..I had an auction card that you can ONLY get when the dealer calls it in for you & by the way from what I understand you can't even get this auction card unless you have a salesperson's license, who knew the dealer DIDN"T spend the $24. to get me a Sales persons license???? I did'nt know I needed a sales persons license since I "thought" the dealer was handling all the paper work & that dang auction card was handed to me by the auction place??? I assumed everything was legal. The problem is this now, last March 2004 I got busted by the police, they raided my home & place of business where I was renovating to open my own lot...which by the way..when they were searching my home, they did'nt want my wife present with them going thru our things? you would have thought I was a mass murderer..they tore both places apart as if it was a scene on one of those tv shows looking for drugs or something...tore paneling out from the business's bathroom *Below* the sink?? which for the record I don't do drugs...made my family & I feel as if we were criminals & invaded our privacy...they are charging me with curbstoning...I sold 120 autos UNDER this dealer whom by the way made $24K totally from me...each car was $200 bucks in his pocket ..they are holding 4 cars at the police pound of mine still, that I bought under the dealer with my own money. I swear they are treating me as if I'm a piece of garbage, & are fining me 400,000. but still awaiting for my hearing to find out what it REALLY going on & what they really are going to do with me from the local DA office...MY attorney seems to be sitting on it but I feel this dealer was & IS at fault here...My attorney claims that if the dealer would have spent the little $24. on a salesperson's license that NONE of this would have happend? I feel the dealer is the Professional, he has been in business for 25 yrs. not me, he knew better. I gave $200. per car now why didn't he just advice me to give him the 24 bucks to get a salesperson license?? RIGHT? Okay I now find out anyone can file a claim against a dealers bond? I feel Professional Liability & Neglience on the dealers part? Posed by error & omission. *His error for not sending in 24 bucks for a license for me* Does anyone out there know of any advice for me? Compensatory Damages are financial loses that you have suffered as a direct result of this (defendent)dealers actions. I am financially straped. It has been a yr. almost since this whole mess has started & I still havent been able to open my business. My attorney says just pay the fine & be done with it, but I feel this dealer is at fault for my hardship now. Remember now the police is still holding 4 autos of mine thats 40k I NEED for working capital...(That is 40k wholesale price if taken to auto auction) I am struggling everyday, my wife as well as myself have slowly been going into depression from all of this...I take sole responsiblity for being ignorant to the law, but I swear I didn't know I was doing anything wrong? Should I file a claim against his bond as well as go to court & ask for compensatory damages or punitive damages? AND If so how do I go about doing this? And they say it isn't personal but I swear these police are working with several well off auto dealers in town here...small town...? For the record...it was some of these certain dealers who called the police on me...and the police admitted that??? Thanks so much?

 

[Fat Tony]

Dude, what you were doing was illegal, plain and simple, regardless of any arrangement you had worked out with the dealer. This is like if I hired you to kill someone and you run off with the money. I would have no recourse. That is a risk you took in a path you chose. Chalk it up, and good luck getting a dealers license now.

 

[vivasmyangel]

How can u say my situation is the same as killing somemone?if you hired a person to literally murder another person or even abuse an animal for that matter..this person*KNOWS* how wrong it is..in my opinion very immoral & disgusting to take another persons life as well as be abusive to another or animals..In that situation you *KNEW* what you were doing was wrong let alone take money for it?
That doesnt even come close to my situation...
Everyone knows killing a person is illegal, without a doubt but when this happened to me everyone around was taken by surprise...when I mention this situation to people they know of atleast one person who also does what I did & not getting in trouble??? Its that common no matter where you live?

 

[mrcheerful]

ignorance of a law is no excuse. thats something you should have looked into and asked around about before you started your little captal gains trade. also just because others do it and haven't been caught doesn't mean its ok for you to break the law. sorry if this sounds harsh but thats reality. believe me i known plenty of people that were sitting in prison because they didn't know what they did was against a law. after spending two years in the state pen because of someone cleaning up and rearranging a crime scene before calling the police and paying an alcoholic a case of beer to say he saw me take the stuff. which btw i didn't know it was illegal for him to clean the room the stuff was taken from, and hiding the rest of the stuff that was left, he made it look like you had to have known where he had the things taken, and he stated that i was the only one that he told where the stuff was before it was taken.i accepted that it was the way it was and then took steps to make sure everything i do from here out is abiding by the law. did you know swerving around pot holes is considered reckless driving? or how about tying your cow up to the court house on a sunday is a felony? or cussing within the hearing of women and children is also a high misdomeaner? i read up on laws dealing with business practices and discovered a few laws that were still in effect from the 1700's and 1800's. even though people break these every day doesn't mean someone can't be picked up on them. well i'm sure tying your cow in frount of the court on sunday isn't going to happen, unless a truck load escapes in the middle of town.

 

[seniorjudge]

Okay, what is "curbstoning"?

 

[vivasmyangel]

define curbstoning

I had gotten this of the web because I did'nt even know?..A curbstoner is a person who is actively engaged in the business of buying & selling Products (automobiles in my case) without a license or proper permits or legal established place of business. Or people who DO hold a dealer license BUT DO NOT operate from a licensed location that is approved by the state...In my case I didn't have a sales persons license from the dealer...also most curbstoners sell junk & sit them at gas stations...I DID NOT, I had a good reputation & most of the cars where top of the line & gone thru by professionals for mechanics & such as well as professionally cleaned inside & out...not one auto left without looking brand new...but thats not the problem here..The dealer failed to get a sales persons license for me.. not to mention the police now seem to watch every move I make. Now that I'm going thru this & know what in the world curbstoning is...I've done my own little searching & have found people who have a dealer license in another a state & bring their cars here to sit at places of business's to sell right next to the state police barracks & they don't do anything about that...from what I understand now your not allowed to do that...here is this guy getting away with it...truthfully I think these police just want to see me crack...

 

[seniorjudge]

"...The dealer failed to get a sales persons license for me..."
This is really up to you. Go get a license now.


"...not to mention the police now seem to watch every move I make..."
They think you are running a chop shop. The cops watch every person involved in this kind of activity. Don't give them any reason to suspect you. Keep excellent records. (After, of course, you get your license.)

 

[vivasmyangel]

We are now working on getting the dealer license as well as sales person license for the new business, as I stated in my first post though since I have been strugglling with finances & they are holding 4 cars at the police pound of mine still. I feel this dealer was & IS at fault here...My attorney claims that if the dealer would have spent the little $24. on a salesperson's license that NONE of this would have happened? I feel the dealer is the Professional, he has been in business for 25 yrs. not me, he knew better. I gave $200. per car now why didn't he just advice me to give him the 24 bucks to get a salesperson license?? RIGHT? Okay I now find out anyone can file a claim against a dealers bond? I feel Professional Liability & Negligence on the dealers part? Posed by error & omission. *His error for not sending in 24 bucks for a license for me* Compensatory Damages are financial loses that you have suffered as a direct result of this (defendant) dealers actions. I feel this dealer is partly at fault for my hardship now. I am struggling everyday, Should I file a claim against his bond as well as go to court & ask for compensatory damages or punitive damages? AND If so how do I go about doing this? Thanks so much for giving me an educated answer as well..

 

[seniorjudge]

We are now working on getting the dealer license as well as sales person license for the new business, as I stated in my first post though since I have been strugglling with finances & they are holding 4 cars at the police pound of mine still. I feel this dealer was & IS at fault here...My attorney claims that if the dealer would have spent the little $24. on a salesperson's license that NONE of this would have happened? I feel the dealer is the Professional, he has been in business for 25 yrs. not me, he knew better. I gave $200. per car now why didn't he just advice me to give him the 24 bucks to get a salesperson license?? RIGHT? Okay I now find out anyone can file a claim against a dealers bond? I feel Professional Liability & Negligence on the dealers part? Posed by error & omission. *His error for not sending in 24 bucks for a license for me* Compensatory Damages are financial loses that you have suffered as a direct result of this (defendant) dealers actions. I feel this dealer is partly at fault for my hardship now. I am struggling everyday, Should I file a claim against his bond as well as go to court & ask for compensatory damages or punitive damages? AND If so how do I go about doing this? Thanks so much for giving me an educated answer as well..

What were your ACTUAL damages (dollar amount)?
What were the damages for?

 

[vivasmyangel]

Well the dollar amount of the damages is the 400,000. fine that the police stated to me that I will be liable for but hopefully reduced some, the 40K worth of autos sitting in the pound, & loss of income for 11 months of not being able to open business with any capital to work with because of the 40k sitting there waiting to be released but the dealer refuses to sign them over to me..

 

[seniorjudge]

Well the dollar amount of the damages is the 400,000. fine that the police stated to me that I will be liable for but hopefully reduced some, the 40K worth of autos sitting in the pound, & loss of income for 11 months of not being able to open business with any capital to work with because of the 40k sitting there waiting to be released but the dealer refuses to sign them over to me..

Get a lawyer.

 

[vivasmyangel]

I do have a lawyer, just wanted to check if or what anyone else would do in this situation...file a complaint or not against the dealer?

 

[Fat Tony]

Hi, the police raided my crackhouse, and effectively put me out of business for 3 months while I was sitting in jail. They found out because one of my old customers told on me. When I came out I had to foot the costs for a new crackhouse including location, supplies, product, and lost substantial income because my clientele had either (a) started shopping elsewhere, (2) refused to buy from me because I got arrested, or (III) died (hey, crack kills, what can I say?). Not to mention I had to move to a new location and they cant all find me. I have estimated my total losses at around $250,000. If this ex-customer hadnt told on me, this never would have happened. Can I sue him for the damages? What about the police? Can they be held liable as well?


Pretty dumb question, huh?


This is what you sound like.