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  1. #1

    Default Paid Cash for Car - Can't Take Delivery Due to Incarceration

    My question involves a consumer law issue in the State of: PA

    Long story short - I'm the trustee for a family member. Family member bought a car, trust paid for it. Family member gets arrested day they were supposed to pick up car. Car has not been officially registered to anyone yet (per dealer). Dealer says delivery must occur within 1 week, or he is sending money back and putting car back on lot. Dealer will not allow me to have the vehicle towed (at trust's expense) to said family member's legal address.

    Any other options besides getting refunded the money? Thanks

  2. #2

    Default Re: Paid Cash for Car - Can't Take Delivery Due to Incarceration

    Quote Quoting Mr.Fix_It
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    My question involves a consumer law issue in the State of: PA

    Long story short - I'm the trustee for a family member. Family member bought a car, trust paid for it. Family member gets arrested day they were supposed to pick up car. Car has not been officially registered to anyone yet (per dealer). Dealer says delivery must occur within 1 week, or he is sending money back and putting car back on lot. Dealer will not allow me to have the vehicle towed (at trust's expense) to said family member's legal address.

    Any other options besides getting refunded the money? Thanks
    When is the buyer getting out of prison?

  3. #3
    Join Date
    May 2014
    Posts
    205

    Default Re: Paid Cash for Car - Can't Take Delivery Due to Incarceration

    Huh?

    Why worry about it. Take the money back and wait until the family member gets released and buy him/her the car then.

    As far as options - why doesn't trust own the car? For whatever reason since the trust doesn't own the car, have the person sign a POW to give someone else the rights to pick up the car.

  4. #4

    Default Re: Paid Cash for Car - Can't Take Delivery Due to Incarceration

    Quote Quoting Guybrush
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    As far as options - why doesn't trust own the car? For whatever reason since the trust doesn't own the car, have the person sign a POW to give someone else the rights to pick up the car?
    They will be in jail until at least Jun 1. can the car even be owned by the trust? Isnt it better (liability wise) to have the car in family member's name? How can someone sign docs in jail? Dealer said that would be acceptable but has to be motorized. Can that be done while in jail?

  5. #5
    Join Date
    Oct 2006
    Posts
    15,519

    Default Re: Paid Cash for Car - Can't Take Delivery Due to Incarceration

    Quote Quoting Mr.Fix_It
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    They will be in jail until at least Jun 1. can the car even be owned by the trust? Isnt it better (liability wise) to have the car in family member's name? How can someone sign docs in jail? Dealer said that would be acceptable but has to be motorized. Can that be done while in jail?
    Again, why not just let the sale fall through and the money be returned to the estate? Why not buy another car after the person gets out of jail?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,726

    Default Re: Paid Cash for Car - Can't Take Delivery Due to Incarceration

    Quote Quoting Mr.Fix_It
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    Long story short - I'm the trustee for a family member.
    actually you aren’t the trustee for a family member. You can be the trustee of a trust that the family member is a beneficiary but you represent the trust and not the beneficiary.

    If the purchase documents have not been completed, either the buyer or a person given a poa will have to sign the documents. If the sale is complete, it isn’t the dealers car anymore. He can’t determine how the car leaves. He can hold it until a person with proper authority retrieves it.

    Yes inmates can sign documents while in jail and they can be notarized as well. He would have to speak to the people in charge at the jail to figure out the logistics of it.

    Unless there is something special about this car why not just accept the refund and let the guy buy a car when he gets out of jail?

  7. #7

    Default Re: Paid Cash for Car - Can't Take Delivery Due to Incarceration

    Hey all sorry for the delay and thanks for the responses. I was out of country and not checking this.

    In PA, can the trust fund take ownership of the car and then transfer to family member? The title will be made out to the trust?

  8. #8
    Join Date
    Jan 2019
    Location
    Pugetopolis
    Posts
    65

    Default Re: Paid Cash for Car - Can't Take Delivery Due to Incarceration

    Quote Quoting Mr.Fix_It
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    Hey all sorry for the delay and thanks for the responses. I was out of country and not checking this.

    In PA, can the trust fund take ownership of the car and then transfer to family member? The title will be made out to the trust?
    Why would the trust want to do that? As the trustee, your duty is to the trust, not the jailbird.

  9. #9
    Join Date
    May 2014
    Posts
    205

    Default Re: Paid Cash for Car - Can't Take Delivery Due to Incarceration

    Quote Quoting Mr.Fix_It
    View Post
    Hey all sorry for the delay and thanks for the responses. I was out of country and not checking this.

    In PA, can the trust fund take ownership of the car and then transfer to family member? The title will be made out to the trust?
    Why won't you answer the question that has been asked a few times already? Why not let the dealer refund the money and take the car back like they are offering?

    Until you answer questions, why should people answer your questions?

  10. #10
    Join Date
    Jul 2018
    Posts
    1,544

    Default Re: Paid Cash for Car - Can't Take Delivery Due to Incarceration

    Quote Quoting Mr.Fix_It
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    In PA, can the trust fund take ownership of the car and then transfer to family member?
    Generally, a trust can take ownership of a car and can transfer it to whomever the trustee wants. Whether any particular trust allows for these things obviously depends on the terms of the trust instrument.
    Quote Quoting MaltbyMark
    View Post
    As the trustee, your duty is to the trust, not the jailbird.
    The trustee's duties are owed to the beneficiaries of the trust (not "to the trust" itself), and it appears that the family member in question is a beneficiary or the beneficiary.

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