this post was submitted on 20 Aug 2023
64 points (91.0% liked)
RealTesla
476 readers
1 users here now
- Posts must be about Tesla, EV, or AV
- Meta Posts must be pre-approved.
- Shitposts are limited
- No Elon Worship
- All Links must include the original title of the Content
- Sites behind Paywalls must have text included.
- Don't be an asshole
- No Image Posts
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Businesses should not be losing track of $50,000 Cashier's checks.
That's, for all practical purposes, the same error as losing a $50,000 briefcase full of cash. You don't mess with Cashier checks unless you're a competent business.
A million things could have happened to the check: burned in a fire, accidentally thrown away, stolen by an employee.
As long as it wasn't a fraudulent check, the law considers it payment.
On a similar note, a landlord agency demanded second payment after an employee stole the rent money. The courts laughed them out.
Should not happen either way, I agree.
I would say $50k is $50k no matter its form, it deserves due care and attention just based on the dollar amount. A cashier's check is an order to pay the seller by name, signed by the issuer's bank. It's way more secure than a briefcase full of cash and thus requires less of a duty of care than something as fungible and transferable as cash, just based on the foreseeability and likelyhood of harm.
The owner took possession without the paper title. I'm not sure how the transaction was set up, if there was a note issued or an escrow. I would think either way when the owner gets back from vacation and finds the title is not there waiting in the mailbox, that's notice the transaction hasn't closed, in addition to the emails and phone calls. From the seller's perspective, of course it repo'd the car.
I wonder if Tesla's contract specifies the method of notice.