leased property sold to 3rd person

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Latest post Sat, Oct 17 2015 10:48 AM by karen2222. 8 replies.
  • Fri, Oct 16 2015 12:03 PM

    • armymedicm6
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    leased property sold to 3rd person

     Forigive me if there is another froum this post. I thought of more than one area that this may pertain to and decided this would be the best area.

     Aproximately 6 months ago, I hired a person to do some yard work. One day while clearing brush from my property he asked if I was interested in purchasing a used storage shed. Long story short we cam e to what sounded like a decent and average price of 1,000.  I then paid him to clean out the brush in another area and level the ground for the shed. 3 days later the shed was delievered in an obviously used state. It had holes cut in the floor and some insulation placed in 2 of the walls. This guy finished his work that week and I haven''t seen him since.

     Approximately, 3 months ago I look outsside and there is a person looking in my shed. I promptly went to the lwoer part of my property and told the person they were tresspasing and they needed to leave. They asked me if I was J.K. and I informed them that I wasn't and did not know who they were speaking of and they left. A few weeks later another person came to my door and aske dif I was this J.K. person when I told them I was not they basically told me I was lying and that I was a thief. When I asked them what there business was and why they were here they informed me that my shed was actually theres and had been leased by J.K. I told them of course as they could see that yes, I have a shed. I also informed them that I had purchased the shed from an individual. I told them that I do not know J.K. J.K. has never lived at this address as I have fort twenty years. I also have no way of knowing or speaking to this individual if he is indeed the one they are referencing as I picked them up from a corner store to do the work.This person left after they were told they were not allowed to take possesion of my shed at this time. This was 3 months ago.

     Since that time There have been numerous letters sent to my address to this J.K. These were all thrown in the trash as I do not know this person. Today, I received a threatening letter from an attorney telling me that the shed is theirs and to turn it over or face the consequences.

      The question or question is this,

    If this shed indeed was leased by this guy and sold to me, do I have any recourse available and against whom? Should I immediately, call them and tell them to come get it and cut my losses for the purchase price and the improvements which include building porches etc and placing it on a "permanent" foundation?

    This is the first time in my life I purchased anything from an idividual and I do belive my last.

     

     

     

     

  • Fri, Oct 16 2015 12:56 PM In reply to

    Re: leased property sold to 3rd person

    armymedicm6:
    I also have no way of knowing or speaking to this individual if he is indeed the one they are referencing

    Wait a second...you said you hired this guy to do work for you.  How are you going to make the required tax reporting without a way to contact him?

     

    armymedicm6:
    If this shed indeed was leased by this guy and sold to me, do I have any recourse available and against whom?

    Recourse for what?  While I've never heard of someone "leasing" a shed, it sounds like you bought the thing in good faith without any knowledge or reason to know that it might belong to someone else.  Google "good faith purchaser for value" and read some of the search results.

     

    armymedicm6:
    Should I immediately, call them and tell them to come get it and cut my losses for the purchase price and the improvements which include building porches etc and placing it on a "permanent" foundation?

    That's certainly an option.

  • Fri, Oct 16 2015 12:58 PM In reply to

    • Drew
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    Re: leased property sold to 3rd person

    Basically speaking a thief cannot convey good title of stolen merchandise to you......if you have a claim, it's against the thief, but good luck on that one .

    Laymans suggestion ...might be smart to get it returned to the reputed lawful owner ....me Id want some reasonable written proof of ownership for my records and a hold harmless written release for my records when some competent mover comes to pick it up...you don't want 2 morons putting 6 " ruts in your yard and trashing 50' of fence 



  • Fri, Oct 16 2015 1:41 PM In reply to

    • armymedicm6
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    Re: leased property sold to 3rd person

    Thanks for the reply. I will do the required reading and get back to this thread.

     

  • Fri, Oct 16 2015 1:52 PM In reply to

    • armymedicm6
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    Re: leased property sold to 3rd person

    Drew:

    Basically speaking a thief cannot convey good title of stolen merchandise to you......if you have a claim, it's against the thief, but good luck on that one .

    Laymans suggestion ...might be smart to get it returned to the reputed lawful owner ....me Id want some reasonable written proof of ownership for my records and a hold harmless written release for my records when some competent mover comes to pick it up...you don't want 2 morons putting 6 " ruts in your yard and trashing 50' of fence 

     When does a purchaser become a thief? I do have a tendency to feel the same way about this person. However, If my claim is against the thief, which I feel it is. Is that not the same for the company?

  • Fri, Oct 16 2015 3:27 PM In reply to

    Re: leased property sold to 3rd person

    You are obviously not a thief, but a victim.

    Unfortunately, when it comes to stolen property the victim is almost always the loser.

    The owners of the property have a claim against the person possessing the stolen item.

    You have a claim against the person who sold it to you.

    It's not a happy result but it's how stolen property recovery works.

    One option open to you is to write back to the attorney and demand documentary evidence of ownership (without admitting or explaining anything) by the people claiming ownership. Let the attorney figure out what appropriate evidence is.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Oct 16 2015 4:21 PM In reply to

    Re: leased property sold to 3rd person

    The south carolina code section 16-13-180 (A) says: "It is unlawful for a person to buy, receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property is stolen. A person is guilty of this offense whether or not anyone is convicted of the property theft."

    You now know or reasonably believe that the shed is stolen.  While I'm not in your state, I have handled cases where innocent buyers ended up on the wrong side of the justice system because they didn't return property once they were told it was stolen and belonged to someone else.  If you keep it and the other people can prove it's their shed,  you can be criminally prosecuted.   I'd suggest contacting the attorney and speaking with him and you may also consider making arrangments for them to come reclaim their shed.  Consult counsel.

  • Sat, Oct 17 2015 8:58 AM In reply to

    • Drew
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    Re: leased property sold to 3rd person

    Whether you like it or not...the only prudent steps are to make prompt arrangements for the owner of the shed to,come get it ..once there is reasonavle notice that he owns it....all the other paths have high risk or high costs or both 



  • Sat, Oct 17 2015 10:48 AM In reply to

    Re: leased property sold to 3rd person

    armymedicm6:
    If this shed indeed was leased by this guy and sold to me, do I have any recourse available and against whom?

    Your recourse would be against the guy.  Of course, it sounds like you'd be wasting your time suing him, but you could try to find out a bit more about him, from the shed's owner(s) to start.  It's not terribly likely, but maybe he does have assets that could be attached or wages that could be garnished.

    armymedicm6:
    Should I immediately, call them and tell them to come get it and cut my losses for the purchase price and the improvements which include building porches etc and placing it on a "permanent" foundation?

    I agree with adjuster jack's suggestion to first request documentary evidence that they own that shed.  For one thing, if they can't produce any evidence then it might be reasonable of you to refuse to give them the shed.  But even if they do have the evidence, you want your own copy since you will need that evidence to make your case against your guy if you do decide to sue him in small-claims court.  Their evidence will probably have his name in it, too.

    You don't have to give them the improvements that they don't own.  And if you're willing to pay for the shed again to avoid having to disassemble everything, you could try negotiating a price with the true owners to buy it from them.

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