Can I retrieve my property back even if was sold

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I retrieve my property back even if was sold

I signed the title of my truck over to a
friend in order to retrieve it from
impound I have proof of our
agreement He took my truck by
wrecker from my yard and sold it to his
co worker Can I get my truck back?

Asked on September 6, 2016 under Business Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't get it back from the coworker if 1) the coworker believed (such as based on the title) that your friend owned the truck and therefore could sell it; and 2) the coworker paid, in good faith, something more or less like the fair market value. The law does not let you recover property purchased by innocent third parties in good faith. Only if you can show that the coworker knew that this was not your friend's truck or that your friend did not have authority to sell it would you have a reasonable chance of getting the truck back in lawsuit.
However, you can certainly sue your "friend" for the value of the truck or the amount he was paid for it (whichever is greater) for selling it when he did not have authority to do so, or had agreed to not sell but rather return it to you. Just because the buyer may be an innocent third party or just because you may not be able to get the truck itself back does not mean that your friend is immune from lawsuit.
In the future, *never* give someone title to your property because you invite this sort of thing: once you give someone title, you make it too easy for them to dispose of it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption