Dual ownership | FerrariChat

Dual ownership

Discussion in 'Ferrari Discussion (not model specific)' started by VicJano, Oct 3, 2020.

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  1. VicJano

    VicJano Karting

    Dec 17, 2011
    233
    Kingston upon Thames
    Full Name:
    Chris O'Connor
    Hi, can anyone offer advice on the sale of a classic car (Dino GTS) owned by two people.
    I owned about 46% and the co-owner the rest - about 54% - this was set out in an agreement of ownship between us. The co-owner put his daughter as the registered keeper, as we felt it was the most convenient option at the time.
    Unfortunately he died, so his portion really came to be owned by the daughter. At the end of 2019 I decided I wanted to sell my portion and the co-owner turned down the opportunity to buy me out. The car was put up for sale with a well known Ferrari, and specifically Dino, specialist near Tonbridge, Kent in February/March this year.
    A couple of years before, when the original co-owner was alive, I had taken the car to the same dealer to get a valuation for sale. We didn't go ahead at the time.
    I had come to know the dealer quite well and they were very well aware that I was a co-owner. I kept the Dino at my garage and used it 90-95% of the time. The co-owner had a few others classics that kept him busy. I had organised the carrying out of £16k worth of work on the Dino with them, as well as other maintenace and repairs over my 14 year co-ownership.
    This time the my co-owner took the Dino to the dealer for valuation and their suggestion of asking price was communicated to me through her. We both agreed to it. This was back in February this year, just as Covid reared its ugly head. As I'm sure most of you know the market in classics screeched to a halt.
    I would ask the dealer about any interest in the car quite a few times over the next 5 months. The point I'm making here is that the dealer was very aware of my part ownership and that I had almost exclsuive use of it.
    In July, out of the blue I get an email from the other co-owner telling me the Dino had been sold. Adding insult to injury she had agreed to a sale price of £20k less than the lowest offer we had agreed we would sell it for.
    Obviously I'm in complete shock. I questioned the dealer as to why he had not informed me about the offer that had come in and its subsequent sale. He answer was that he only had to deal with the person who's name is on the V5. I asked him if he knew that the co-owner had not told me about the offer and of her acceptance of it - he declined to give me an answer.
    What are peoples' thoughts on this please?
    Does the dealer only have to commincate with the register keeper even though he was very well aware of my co-ownership. I think its worth mentioning here that the daughter 'inherited' a number of other cars, two of which the dealer held in storage and may have maintained them. He may have sold one of them for her also.
    Vic Jano.
     
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  2. energy88

    energy88 Two Time F1 World Champ
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    Jan 21, 2012
    27,157
    West of Fredericksburg, VA
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    John
    My thoughts as an impartial layman in another country:

    Hopefully the Dual Ownership Agreement (DOA) is documented on paper and signed by both parties and also covers the shared maintenance expenses. Raises the question of whether the sale can possibly be rescinded under the DOA if that issue was addressed. Also sounds like the daughter still needs to settle up with you over the maintenance expenses since the two parties are out of balance. This is probably a case for someone familiar with British Law. Good luck to you in your pursuit of this matter.
     
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  3. GrigioGuy

    GrigioGuy Splenda Daddy
    Lifetime Rossa Owner

    Nov 26, 2001
    29,546
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    Our opinion does not matter. What matters is what is in your contract, and what your local courts have to say. What do you want in compensation? Would it cost you more to get that in attorney and court fees?
     
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  4. miurasv

    miurasv F1 World Champ

    Nov 19, 2008
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    Steven Robertson
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  5. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
    7,376
    Weston, MA
    Full Name:
    Paul
    Well I have no idea of the applicable laws in the UK. So my immediate thought is for you to consult a local attorney to see if you have any recourse.

    From reading your post my gut feeling is the dealer took advantage of your friend's daughter. And he may have taken advantage on the other car you believe he sold.
     
  6. tres55

    tres55 F1 Rookie
    Rossa Subscribed

    Sep 18, 2012
    3,496
    Canada
    Yeah I think the dealer played you.

    Personally...chalk it up to a learning experience and walk away knowing you were the primary enjoyer of the car (as you said 90-95% of the time) for half the upfront cost of buying it.

    It is what it is. Sorry to hear your friend you shared the car with isn't around anymore as I'm sure it would've went smoother with him.
     
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  7. greyboxer

    greyboxer F1 World Champ

    Dec 8, 2004
    12,314
    South East
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    Jimmie
    Can I offer a different perspective: your car is sold and you have the money in the bank albeit maybe a bit less than you hoped for

    Right now selling classics is very difficult - maybe they took the first offer maybe they took the only offer

    This feels like an emotional issue rather than a financial one - how realistic was your minimum figure and yes you should have been consulted but no the law won't help you feel better or decide if the extra ten grand each was ever possible
     
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  8. arizonaitalian

    arizonaitalian F1 World Champ
    Owner Silver Subscribed

    Oct 29, 2010
    19,999
    Wyoming
    stating the obvious, I don't know the UK law and we are missing large chunks of needed information from you in any event if this were to be a legal response. But, of course, it is a query on a car enthusiast website, was not asked as a legal advice request...said simply, this is plainly not a legal advice request. So not sure why everyone is so focused on disclaiming their legal knowledge. Anyways...

    Legally did they need to clear a sale with you? Sounds highly unlikely based on the little we know here.

    As a matter or courtesy should the dealer have checked with you? Meh. Not really imho (they should not have to "herd the cats" to sell the car, they should have had one person as a point-of-contact/responsible party, and it sounds like they did. How that person deals with any "co-owners" is not their responsibility.

    As a matter of courtesy (at min) should the co-owner have checked with you? Damn right.

    I gather there is no legal contract documenting the co-ownership? You should have mentioned it if so.

    20,000 GBP? Sounds like you got within 10% of what you deemed the lowest acceptable amount? If so, that's not all bad in these strange times.
     
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  9. VicJano

    VicJano Karting

    Dec 17, 2011
    233
    Kingston upon Thames
    Full Name:
    Chris O'Connor
    Thanks for all your replies, very helpfull.
    Enery88. Luckily any expenses had been settled.
    GrigioGuy. In the UK you can seek compensation at The Small Claims Court for a fee of about £500 and you can represnt yourself - so can be done quite cheaply.
    I have written evidence of all the points I've made.
    Nospinzone. Yes I agree Barkaways, the dealer, could have taken advantage of her. Shortly after the sale I was down at Barkaways picking up a Lancia they had done work on, and Ian Barkaway told me that the buyer was a good one for him as he was a new customer and would probably be wanting to have some work done on the Dino with him! Never assume because you're a long term customer that you won't be scarificed for a higher spender.
    Tres55. Yes I should walk away but it wasn't the first time she'd done me over. I arranged to do a regularity rally in the Dino having told her my intentions 3 months before its start date and paying over £1k entry fees. About 3 weeks before the event she told me she wouldn't be letting me have the car for the event. It was at the time in her mother's garage, so I would have had to break in to get it.
    Greyboxer. There was no rush to sell the Dino as neither of us needed the money and there wasn't a time limit in the ownership agreement. I would have been happy to wait for the market to settle down and realise a realistic price. GTS Dinos in similar condition have come onto market and gone at £50k-£75k more than our agreed acceptance price, so it was very fairly priced - there just wasn't someone out there who wanted our spec Dino over the 5 months it was on the market.
    Thanks
    Vic Jano
     
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  10. VicJano

    VicJano Karting

    Dec 17, 2011
    233
    Kingston upon Thames
    Full Name:
    Chris O'Connor
    Arizonaitalian. Yes there was a legal document setting out the basis of the co-ownership.
    I suppose what I want to do by posting my experience, is to flag up to fellow FerrariChat members, that all co-owners of a car should be fully involved in all aspects of its sale. In fact you should get written agreement on any thing you jointly agree to do. Its amazing how people change when money is involved.
    VicJano
     
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  11. henryr

    henryr Two Time F1 World Champ
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    Nov 10, 2003
    21,696
    Atlanta
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    Juan Sánchez Villa-L
    an LP gets screwed? nah.

    your not in the US so all bets are off but i would say the dealer has no responsibility towards anyone that is not on the docs / authorized signor.


    i believe you would have a valid claim against your co owner but that also depends on the wording in any docs
     
  12. tritone

    tritone F1 Veteran
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    Dec 8, 2003
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    Oh how true! And sometimes not for the better.......:cool:
     
  13. RossoCorsaItaly

    RossoCorsaItaly F1 Rookie
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    Jun 9, 2004
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    Kevin
    As you said you got more use out of it despite having less equity ( per your words, you used it 95% of the time despite having 46% equity )

    Also if your relationship with the owner was a personal one or a good one, how would he feel about you splitting hairs with his daughter ?

    you took a risk, someone died, at least you got most your money. Life’s too short for these battles.
     
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  14. jjtjr

    jjtjr Formula Junior

    Aug 29, 2016
    680
    Vermont
    Full Name:
    john truskowski
    I have known several dual ownerships from real estate to cars to farm equipment. Never ends well. Many times the two parties will not speak to each other afterwards. It would be better for each party to purchase their own car and just let their friend take it for a spin.
     
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  15. Jack-the-lad

    Jack-the-lad Six Time F1 World Champ
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    Jun 22, 2004
    69,435
    Moot Pointe
    With regard to her not letting you have the car for the rally event, that sounds like downright obstinance and mean-spiritedness. Did you have any kind of relationship with her before her father’s death, or some reason for her to have a grudge?
     
  16. INRange

    INRange F1 World Champ
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    Jan 27, 2014
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    JD
    You don't mention if you tried to buy her majority share. I would think that would be the easier option for all involved. Then you would have owned the car outright....she probably would have taken less just to sell it since it no longer had any emotional value to her.
     
  17. willcrook

    willcrook Formula 3

    Feb 3, 2009
    2,142
    UK
    which dealer was it? they clearly took advantage of the situation to gain £20k+ extra profit.

    if you had relationship with them then it's more understandable than if you've bought other cars etc in which case it's disgusting.
     
  18. MoreGarages413

    MoreGarages413 Karting

    Jan 21, 2019
    75
    Suburban Philadelphia PA
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    Jay B
    At the end of the day, you ended up with 9k less than what you had previously agreed to accept. Should you choose to fight that out, most of that best case of 9k will disappear to a lawyer.
     
  19. INRange

    INRange F1 World Champ
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    Jan 27, 2014
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    Post#9 Barkaway

    According to the OP.....the car sold for £20k less than the agreed to price between the co-owners. There is no "extra profit" unless the other co-owner paid a higher commission without the OP's knowledge.
     
  20. VicJano

    VicJano Karting

    Dec 17, 2011
    233
    Kingston upon Thames
    Full Name:
    Chris O'Connor
    Hi, Its not all about the money. I had a really great long-term friendship with the father and original co-owner. We'd known each other for over 30 years, professionally and as really close friends. The daughter exhibits the traits of a sociopath; completetly self-obsessed, sees any diference of opinion to hers as an affront. She's 50 years old and still not in a relationship after 2 or 3 failed long ones - that says alot to me. With regards to the dealer, Barkaways, I just can't fathom how you would stitch a long term customer up for a few grand. Technically, Ian Barkaway might have being completely legal in not informing about the deal, but come on, his behaviour was amoral (lacking a moral sense; unconcerned with the rightness or wrongness of something). I could never behave like that, professionally or personally. Basically he's just a d*dg*y used car salesman, no matter how he tries to justify his behaviour - shamefull. Should you trust your prized, classic possession to him and be assured you'll get a fair deal - I'll leave that up to you to decide.
     
  21. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
    7,376
    Weston, MA
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    Paul
    Obviously it is too late now, but you and your partner should have had a written agreement about the disposition of the car. However, I'm sympathetic to the fact that who the hell thinks of such things until they happen.

    As far as used, and even new, car dealers, this forum is rife with buyer/seller beware stories. ;)
     
  22. VicJano

    VicJano Karting

    Dec 17, 2011
    233
    Kingston upon Thames
    Full Name:
    Chris O'Connor
    I didn't really have a relationship with her before her father's death. We meet only because she was at her father's house when I was there and once we were on the same rally with her father. We become better aquainted after his death as I arranged the Order of Service for his funeral and made a speech at the his memorial.
    Regards her having a grudge, about 9 months before he died, he asked me to do a rally with him in his 911RS based on the proviso that if he couldn't make it, I would do it with a mutual friend. Unfortunately he died before the event, so I did it with the friend. During the event a wheelbearing and ball joint failed and I arranged and paid for the repatriation of the car from Lisbon to the UK. I took the car to a Porsche specialist for repair. The garage said that bearings and ball joints where the original and typically have a lifespan of about 100k miles and, believe it of not, there was 100k on the clock. She told me that I should pay the whole cost in addition to trying to get the garage to say that other (body rust) repairs were down to the use on the rally. I queried the fact that the rally was only 3-4k miles and the wheel bearing and ball joint where original items, so what did she think I should contribute. I never got a response, except her behaviour not allowing access to the Dino for a rally that I had told her about 3 months before. No noral behaviuor - or am I a sociopath?
     
  23. randkin

    randkin Formula 3
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    Aug 2, 2015
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    Randy
    I think you have experienced the problems of being a minority partner. It is a lesson well learned requiring no repeat experience. While a difficult pill to swallow your psychi may be best served just putting the experience behind you. IMO
     
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  24. DIGMAN52

    DIGMAN52 F1 Rookie
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    Jan 30, 2004
    4,002
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    Philip C
    My car partner and I have know each other since high school. We hired his accounting firm to help our company in 1992 and he has been a huge plus in several business deals since then. We partnered up in 2006, when he bought into my 1995 355 Spider, and we bought a 1996 TT Porsche. Sold the Pbug a year later to buy a 2005 Ford GT, which we sold last week. We have also co-owned a 2013 California, and a 2009 ZR1 Vette.

    No shared cars until we do the Museum Delivery on a C8 Corvette in late November.

    He likes to tinker, and I like to drive them. It's been a great partnership. Here we are with Camilo Paro, who designed the 05 Ford GT, at a National GT Rally in Austin. Got to drive his girlfriend around the Circuit of the Americas doing parade laps with the GT's.
    Image Unavailable, Please Login
     
  25. randkin

    randkin Formula 3
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    Aug 2, 2015
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    I have been in probably 30+ limited and general partnerships and share holder in several small corporations. Many/most have been w/o a hitch and enjoyable. That said there have been a few the parties “lawyered up” which were frustrating and expensive. The good ones were not worth the problems of the bad ones by a long shot. IMO
    Additionally no one lives forever and while your buddy was a good guy and partner his heirs may be far less amenable and there may be a lot of them.
    If you elect to transact via a partnership have it all spelled out in a signed document particularly the terms about selling your interest. Even with well crafted documents you may have to get a couple of attorneys to negotiate their termination. Been there done that!
     

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