Towing Issues: storage fees, smiths grove kentucky, storage charges


Question
Bought vehicle through ebay from Texas dealer, bad deal, ebay protection got seller to refund me 100% and he is responsible for shipping vehicle back to Texas. Took delivery 3-1-08, filed claim 1 hour after received vehicle via shipper,settled with seller 4-7-08 with ebay insurance protection people getting check, making sure it cleared and sending to me, got check 4-15-08. I told seller on 4-7-08 he had seven days to get vehicle shipped off my property and he agreed (verbally). I did not start the storage charges until after seven days from the date I actually received the check, so seller really got seven days pasted the original agreed days. The truck is still at my house! I spoke with seller on June 2,08 to let him know that it has now been 41 days past the first 14 we are not counting and that I was charging storage. He got mad, said I couldn't charge because I was just a person and not a business and any way he would have that truck shipped from here with in the next three days. Well, it is June 25,08 and I still have the truck. The seller is not answering the phone and have moved locations. Can I charge him storage and can I get a title to this truck? I offered to buy it from him "for much less than the first time" I paid 10,750 and the truck was grossly misrepresented. It is only worth, not more than $2500, I offered him $4000. I don't think I should be responsible for this vehicle for free. I have been available to meet any shipper had they contacted me. Now I am aggravated and want to be compensated for my trouble. I am willing to charge what ever the local rates are. What can I do if anything??? I live in Smiths Grove, Kentucky. The truck came from Houston Texas.

Answer
Well as to a private person charging storage, I really do not have any idea if that would work and hold up in court...

But it should be possible.

Now as to the truck, I would suggest that  you send the person who sold it to you, a certified letter with return receipt requested stating that they have XXX amount of days to remove the vehicle or you will file a  lien on the vehicle to gain ownership of the vehicle... Now you will have to check with Kentucky DMV on how to do this legally as there are a lot of laws which need to be followed to be legal...

If this works and he does not pick up the vehicle you then gain ownership of the vehicle and get a clear title to the vehicle.

Or if you really do not want the vehicle, check with DMV and see what options you have regarding having it towed away as a "illegally parked or abandoned vehicle"...

But it does sound as if the person is mad as he did not get his money and is just plain going to leave it there.  

If you have a lawyer you can talk to, see what they suggest also, as that might be helpful. Never know what will happen when you are armed with information...

As to the storage charges, well you can call a few tow companies and find out what they charge, but remember they have a bit different situation as to costs for the yards and stuff involved...

Good luck.