Benefits of Using an Attorney as an Escrow Agent to Protect Yourself in a Collector Car Sale or Transaction
Benefits of using an attorney as an escrow agent to protect yourself in a collector car transaction
By: Bryan W. Shook, Esquire
Email: bshook@shooklegal.com
Using an attorney to act as an escrow agent is one of the most effective ways to safeguard yourself from the pitfalls of buying vehicles sight unseen from far away locations. In a perfect world collector car transactions would all be “above board” and transparent however as we all know this, unfortunately is not always the case. That screaming deal on eBay or Craigslist may be a great deal, but it may also be the biggest mistake you make this year. There are many hazards upon which a prospective buyer may happen, although most happen with the consummation of the sale, especially if the vehicle is not viewed, in person, by the buyer.
How can using an attorney as an escrow agent help protect you in a collector car transaction?
An attorney as an escrow agent has more inherent safeties as opposed to using a broker. Attorneys are regulated by their state’s bar association or their state’s supreme court. Brokers are usually not regulated at all and only subject to their state’s vehicle board, if regulated at all. Money placed into an attorney’s escrow account is subject to strict accounting oversight and may only be paid out with the client’s consent and agreement.
As an attorney familiar with the nuances and pitfalls of collector car transactions I can offer many safeguarding services, professionally, discreetly and unobtrusively to preserve the transaction and yet protect you the client throughout the sale.
I offer the following services:
- Pre-Purchase Inspection Review
- In-person auction assistance to both bidders and sellers
- Escrow Agent
- Sales Contract Drafting/Review
- Private Treaty Sales (start to finish)
- Independent evaluation of title documents prior to consummation of sale
- Vehicle research, including verification of provenance and pedigree
- Forensic investigatory services (number & stamp investigation, make and model investigation, production anomalies, etc.)
- Powers of Attorney
- Import/Export
- Competing Claims of Ownership
- Title Defense
- Help safeguard against misrepresentations and fraud
By utilizing my services, you are not only protecting yourself in the transaction, but you are also making a further investment in the value of your purchase.
Bid with knowledge. Buy with confidence.
Attorney Bryan W. Shook is not only a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market and protect their automotive investments. Attorney Bryan W. Shook is a seasoned automotive collector and restorer and as such brings real world experience and firsthand knowledge to the table for his clients throughout the world. Although Bryan Shook is headquartered in central Pennsylvania (close proximity to Carlisle and Hershey), Attorney Bryan Shook is available anywhere for consultation, advice, and information, most times, on as short as a day’s notice. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at BShook@shooklegal.com or by phone at 717-884-9010 More information can be found at Http://www.vintagecarlaw.com.
Rebodied Cars … what to do …
Rebodies:
What’s the big deal???
(By: Bryan W. Shook, Esquire)
717-884-9010
I’ve been getting quite a few calls lately seeking information on re-bodied vehicles. The term “rebody” is a term of art used throughout our hobby to denote a vehicle whose original factory body has been replaced with another “donor” body. The donor body is then given the original body’s VIN, serial number, data card, trim tag, cowl tag, etc. and then usually and most unfortunately sold to an unsuspecting buyer as the original, real deal automobile. This problem is complicated when the rebodied car is an “air car” which did not exist prior to the rebody. Specifically what happens is someone dreams up a car or has the paperwork from a desirable car and makes it from “thin air” using the donor body as the starting point. All of a sudden, the car has pedigree, provenance and history if the builder can dream up a good enough story. This is problematic as you can plainly see.
There are several legal issues when it comes to a rebodied automobile. The most important issue is whether or not the rebody was disclosed to you when you purchased the vehicle. If the rebody was not disclosed to you how can it be said you negotiated with the seller on equal footing. Another issue comes from the fact that rarely are rebodys done properly. Were the police notified of the body replacement as required under some state laws? Did the seller give you two Certificates of Titles? (Remember the best bodies come from good cars and in today’s day and age, good cars get restored … was the body stolen and the subject vehicle the product of a “chop shop”) Did the seller give you photographs of the original body to evidence the condition of the original body? Do you have confirmation that the original body has been destroyed? (This is usually where the State Police come in as this is where the stories start about two cars registered under the same VIN)
Without the safeguards outlined above, you can never been shore that the vehicle you purchased truly belongs to you. Under the law you would have a breach of the warranty of title claim if any third party were to ever come after you claiming you own the body to their car. The problem is that if you know the car has been rebodied and you can’t provide the above information to a new purchaser you could be just as liable as the seller who sold the car to you should you not disclose what you know to a prospective purchaser.
If you have a rebodied car or think you do, this is a serious matter. Rebodied cars can be nearly unsaleable and always have questions. There was way to rectify the situation and there are ways to unwind the transaction which unknowingly left you with the rebody. In any event, please call me and we can discuss your options and to what extent your car may have been rebodied.
Attorney Bryan W. Shook is not only a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market and protect their automotive investments. Attorney Bryan W. Shook is a seasoned automotive collector and restorer and as such brings real world experience and firsthand knowledge to the table for his clients throughout the world. Although Bryan Shook is headquartered in Camp Hill, Pennsylvania (close proximity to Carlisle and Hershey), Attorney Bryan Shook is available anywhere for consultation, advice, and information, most times, on as short as a day’s notice. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at bshook@shooklegal.com or by phone at 717-884-9010. More information can be found at Http://www.vintagecarlaw.com.
Bid with Knowledge; Buy with Confidence – Vintage Car Law
Collector Car Market Stands to Gain from Latest Economic Meltdown
Monterey and Beyond:
A Prediction for the Collector Car Market
(By: Bryan W. Shook, Esquire)
717-884-9010
With the Monterey Auctions only two weeks away, the eyes of the Collector Car Market are on Wall Street and other world markets.
Gold has surpassed Platinum, S&P has downgraded the United States credit rating from AAA to AA and the stock market is plummeting. How could this possibly be beneficial to the collector car market, you ask … it’s simple. The stock market, the bond market, the futures and other typical investment arenas are subject to the debt crisis. While the Collector Car Market is, in a sense subject to the debt crisis, but not nearly to the extent that the traditional markets are.
This economy is somewhat of a double-edged sword. On one hand, the current debt crisis has undoubtedly caused more than a few cars to come to market, but on the other hand as investors seek safe havens from the latest market crash the world of collector cars looks like a better and safer investment market every day. Collectors invest in automobiles because of emotion, artistic adoration and quite simply, memories. A tangible investment is much easier to quantify than a stock certificate and the same is not as susceptible to the tumultuous economic climate we live in today.
Last year’s $172,000,000.00 in sales will likely be eclipsed this year as investors clamor for the many of the blue chip collectible automobiles that the several major auction houses are going to parade across the block.
Don’t be surprised to see a plethora of domestic and foreign collectors alike flock to Monterey, cash in hand to buy up the consigned cars. Monterey has, for years been THE PLACE to sell your high-dollar, blue chip car … this year the money will be there more than ever.
Thank you to Standard and Poor and all of the world’s economies responsible for this latest turmoil.
Attorney Bryan W. Shook is a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market. Attorney Bryan Shook is available throughout the United States for consultation, advice, and information. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at bshook@shooklegal.com.
Bid with Knowledge; Buy with Confidence – Vintage Car Law
Economics of Car Valuations
The Economics of Vehicle Values
The value of an antique car or a collector vehicle is driven by three key factors: desirability, pedigree/provenance and condition. These three factors fit into an equation which eventually leads to the value of the vehicle. The weight to be assigned to any of the factors is subjectively based upon the influence any one factor has over another.
Let’s take a look at these three factors:
Desirability: Although this is a subjective measure, it is fairly easy to quantify. A desirable vehicle is one that nearly anyone would love to own. Also vehicles that were produced in limited quantities or with attributes or options not commonly found on contemporaneous models are desirable. Exotic vehicles are usually desirable on their name alone. Finally, some vehicles are desirable simply because they are cool. While every vehicle is desirable to a collector on some level (yes, even the Yugo is desirable if you can find a complete and somewhat running example), it is the level of desirability which drives the value. The more people who like the vehicle; the more desirable the vehicle is. Specific years, specific models, or specific options can make an otherwise undesirable or not so desirable vehicle desirable for the purpose of valuation. Keep in mind however, that although desirability drives just one aspect of the pricing structure it can sway the equation completely. A fitting example is a Duesenberg. In any condition, and even without any pedigree or provenance, a Duesenberg will ALWAYS command a relatively high value based purely upon its highly regarded desirability and relatively low production figures. The weight to assign to desirability can also be dependent upon the year, model, options or scarcity of a model.
Pedigree/Provenance: This is where most vehicles are lacking. Time has a way of erasing memories. By and large, information about a vehicle’s origins was not something that was discussed when the vehicles were sold, “back in the day.” Most vehicle owners do not have much information about the vehicle before they acquired it. Therefore, when you come across a vehicle with paperwork or history, dating from new, you are looking at a vehicle with pedigree. Merriam-Webster defines “pedigree” as the origin or history of something. Items that add pedigree are copies of old titles, registration paperwork, original sales forms, window stickers, build sheets, factory documentation, certification, etc.
Provenance is the history of ownership of the vehicle. Vehicles that were once owned by movie stars or other public figures tend to be worth more than other similar vehicles. These same vehicles also tend to have more options or unique features which make them more desirable (see above). Vehicles that have a known, uninterrupted chain of ownership, from new can also be said to have provenance. Nevertheless, the weight assigned to this form of provenance is obviously not the same as the weight assigned to a chain of celebrity ownership or ownership within a large nationally recognized vehicle collection or museum. For provenance to be given appropriate weight, it must be substantiated with documentation.
A vehicle with either pedigree or provenance is worth more than a similar vehicle without. A vehicle with these attributes is sometimes referred to as a “no stories” vehicle.
Condition: This third and final factor is the “make it or break it” for most vehicles. Even if a vehicle has good desirability and pedigree and/or provenance, it likely won’t influence the value of the vehicle as much as condition. A vehicle with in superb original condition (i.e. extremely well-kept since new) or a vehicle which has been restored or built/rebuilt to an extremely high level is worth more than a similar vehicle needing restoration or a similar vehicle in a deteriorated condition. In recent years we have seen a push for original vehicles. As the appreciation for these examples has risen, so has the weight assigned to originality with respect to valuation. (Note: An overwhelming public appreciation for a particular vehicle or vehicle trait tends to also weigh heavily on desirability). The more original a vehicle or the better the restoration of the vehicle, the more the vehicle is worth; period.
Although the equation into which these three areas are plugged is somewhat objective on its face, the weight assigned to any one area is subjectively based upon the knowledge, expertise, and experience of the person assigning the value.
Any attempt to confidently assign a fixed weight to any of these three areas would be illogical. There are far too many vehicles with far too many options, characteristics, stories, and degrees of condition to allow for such a rigid valuation method. Each vehicle must be evaluated first on its own merits and then against similar vehicles with known sales to find a comparable sale. Then the comparable sales must be evaluated to see how closely they match the subject vehicle. The closer the comparable sale, the closer your estimate of value will be to the actual value of the subject vehicle. You must however, keep in mind some principles of economics such as, market saturation versus scarcity, preferences, and rationality (i.e. marginal cost versus marginal benefit).
This theoretical approach to the economics of car valuation should provide you with an understanding of why one vehicle is worth so much more than another. The equation described here should be view as a template which along with the expertise of a seasoned professional will likely allow you to confidently arrive at a value for your particular automobile given the economics discussed herein.
Attorney Bryan W. Shook is a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market. Attorney Bryan Shook is available throughout the United States for consultation, advice, and information. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at BShook@shooklegal.com
Bid with Knowledge; Buy with Confidence – Vintage Automotive, LLC
Fall Auctions – What Lies Ahead?
So now that Monterey is over, what lies ahead?
By all accounts Monterey was a success; collectors once again proved that no-nonsense cars still bring big money. The collector car market is alive and well. There were 14 cars alone that sold for more than $1,000,000.00 during RM’s Saturday night sale in Monterey. Similarly other auctions around the peninsula reported big numbers and record bidders.
So, what lies ahead? The fall is packed with great auctions which plan to offer something for everyone. Here is a sampling:
- September 2nd through 5th, 2010 – Auburn Collector Car Auction – Auctions America by RM
- September 16th through 19th, 2010 – Mecum’s St. Charles Illinois sale
- September 23rd through 25th, 2010 – Barrett Jackson – Las Vegas
- September 30th through October 1st, 2010 – Carlisle, Pennsyvlanaia – Carlisle Auctions held in conjuctionw ith Fall Carlisle Swap Meet
- October 7th through 8th, 2010 – RM Auctions – Vintage Motorcars of Hershey
- November 5th through 6th, 2010 – The Bob McDorman Collection (featuring one of the world’s most complete collection of Corvettes) – Mecum Auctions
Attorney Bryan W. Shook is a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market. Attorney Bryan Shook is available throughout the United States for consultation, advice, and information. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at BShook@shooklegal.com
Bid with Knowledge; Buy with Confidence – Vintage Car Law
2009 Barrett-Jackson – Palm Beach Auction – Cars to Watch “The Sleepers”
Barrett-Jackson – Palm Beach 2009 Auction
By: Bryan W. Shook, Esquire
Email: bshook@shooklegal.com
It’s that time again in sunny south Florida.The trucks are arriving as I type this delivering one gorgeous car after another. All told, over 700 cars will be sold this week at the “lifestyle” event that is Barrett-Jackson’s 7th annual Palm Beach collector car auction. As has been the norm for Barrett-Jackson auctions over the past five years or so, this will be a “No-Reserve” auction which means all cars will sell to the highest bidder regardless of price
Speed TV will be broadcasting 22hrs of live high-definition coverage of the event.
Although we are technically in a recession, I look for several of the auction lots to sell for strong money. Plenty has been written about the feature cars of the auction so I have chosen to focus this article on what I believe will be the best buys of the auction.
On Tuesday, April 07, 2009, I was fortunate enough to be able to spend some time “kicking the tires” and here is my list of vehicles to watch.
· 1920 Chevrolet Model T – 1 Ton (open cab) chassis truck (Lot # 678)
o This truck is coming out of the GM Heritage Collection and is in very nice shape. The truck shows some slight deterioration from sitting and appears to have been restored a number of years ago. Although it’s only sold on a Bill-of-Sale, I believe this will be a great buy. Where else are you going to find one?
· 1964 ½ Ford Mustang convertible (Lot #347)
o This car is extremely well presented and appears to be over restored. If you are looking for a rare color (Skylight Blue) and color keyed blue convertible top car this is the car for you. Although this is an original D-Code (289cu 4bbl) car with 4spd manual transmission, the engine has supposedly been replaced with a circa 1965 Ford 289cu engine. Bottom line is that this is a striking color combination on an extremely significant model year Mustang.
· 1972 Chevrolet C10 Cheyenne Short Bed pickup (Lot #32)
o This truck is as clean as ANY you’ll find. It supposedly features its original number’s matching 402cu big block engine and air conditioning. To say this truck is restored to a high level is an understatement. It is evident that true love went into this restoration and either this was an excellent original when the restoration was started or someone spend A LOT of money, not to mention time, during the restoration seeking out good quality original pieces.
· 1976 Chevrolet C10 Silverado Long Bed pickup (Lot #330.1)
o This is allegedly a 17,000 mile truck. The truck features a 454cu engine, air conditioning, power steering, power brakes and the optional gauge package. The cons on this particular truck are that it is a long bed model and it is painted, assumedly original, light saddle over neutral.
· 1994 Pontiac Trans Am 25th Anniversary Edition Convertible (Lot #58)
o This is an extremely rare 1 of 250 convertible 25th Anniversary Edition Trans Ams that is in very good, original condition. This car is officially 15 years old and looks great. The TA is powered by the corporate 5.7 liter (350cu) 275hp small block Chevrolet engine which is backed by a very fun 6spd manual transmission. The car is extremely clean with only minor road spray on the undercarriage and rear axle assembly. Overall, this vehicle represents an amazing opportunity to purchase a historical vehicle directly from GM. For more support please refer to my article below “‘Can’t Miss Investments, Even in this Economy’ 1982-1992 GM F-Bodys”
· 1999 Pontiac Trans Am 30th Anniversary Coupe – Daytona 500 Pace Car (Lot #616.1)
o This vehicle has it all, the LS1 engine, the signature blue anodized wheels, the white leather seats, removable roof panels (i.e. T-tops) … not to mention provenance directly from GM as an officially 1999 Daytona 500 Pace Car. Again, as stated above, this vehicle represents an amazing opportunity to purchase a historical vehicle directly from GM. For more support please refer to my article below “‘Can’t Miss Investments, Even in this Economy’ 1982-1992 GM F-Bodys” Did I mention this car is a WS6 optioned vehicle with the aggressively styled Ram Air hood and induction system?
The above list represents just a sampling of the vehicles offered at this year’s Barrett-Jackson, West Palm Beach, Florida Auction. For more information, be sure to visit their website at http://www.barrett-jackson.com.
Bid with knowledge. Buy with confidence.
Attorney Bryan W. Shook is a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market. Attorney Bryan W. Shook is a seasoned automotive collector and restorer and as such brings real world experience and firsthand knowledge to the table for his clients. Attorney Bryan Shook is available throughout the United States for consultation, advice, and information. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at BShook@shooklegal.com.
