What's the law regarding someone selling something that belongs to someone else, without their knowledge?
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GrayTax (
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July 22nd, 2010
My mother’s ex is selling his house, along with a static caravan that she paid for and which is in her name (it is included in both the house listing and photographs). She didn’t know he was doing so until she happened to see the listing in an estate agent’s window. Before she moved out he said he would pay her for the caravan as he wished to rent it out, but she has received no money for it. He now is asking her to pay to remove the caravan, and wants to bill her for both this removal and “fair rent for looking after it for best part of year” at £50 per week.
Is he allowed to have included the caravan in the listing?
And is he allowed to demand what he is for it?
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6 Answers
First the easy question. He can’t sell the caravan because it isn’t his. To do so would amount to theft. As for charging rent, I don’t think he has much of a case, since he never informed your mother about the rental price beforehand. From a legal point of view, though not a moral one, you may have trouble talking about the fact that he promised to buy it, since he will probably deny it and it then becomes a mater of his word against your mother’s.
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Unfortunately I think your mother should consult a solicitor. An Order can be entered to stop the sale of the property until this matter of the caravan is resolved. If your mom’s ex claims there is an agreement in place for your mother to pay him for storing the caravan, your solicitor can demand he produce such an agreement. I think your mother will definitely get the worst of this unless she engages a solicitor.
You’re in England, so I think the term for selling a vehicle that isn’t his is called ‘Conversion.’
I’m not sure about any of the other stuff.
If it isn’t in his name, the sale won’t be legal. How would the new owner get a title?
In the USA the question can’t be answered exactly without more information. Basically you can only transfer property in which you hold title. That’s not to say forgeries don’t happen and property can be lost by the rightful owner due to a buyer being a bona fide buyer without notice. No legal advice offered here. Tell mom to hire an attorney.
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