BALLARD V. WETZEL1997 WL 650878 (CT. APP. Tenn. 1997)

FACTS FAITH Ballard’s Corvette was substantially damaged in an accident and was

being restored in her garage. Her son, Tyrone Ballard, told her that he would take the vehicle and have it restored. Instead her son sold it to Lambert Auto parts.

Jonny Wetzel purchased the Corvette “hull” for $900 from Lambert, whose regular business is selling parts.

Wetzel obtained a receipt documenting the purchase of the parts. He also checked the Vin numbers through the county's clerk’s office to make sure the parts were not stolen.

Wetzel spent approximately $5000 and 100 hours of labor restoring the vehicle. When completed, the restored vehicle had a market value of $7950.

George Martin, an employee at Lambert, testified that he only purchased a “hull” of a vehicle and not the whole vehicle from Tyrone Ballard.

Martin also testified that he usually received a title when he bought a “whole” vehicle but had not received one in this case, where he had only part of one.

Under Tennessee Law, a certificate of title is not required to pass ownership of a motor vehicle, but any owner dismantling a registered vehicle is to send the certificate of title back to the state.

Faith brought suit against Wetzel to recover possession of the Corvette. Wetzel contended that he was a good faith purchaser for value and had become the owner of the restored auto hull through accession.

ISSUE

DID Wetzel become the owner of the Corvette by accession???

DECISION

YES. THE SALE OF THE VECHICLE BY Tyrone constituted theft and normally a buyer from a theft gets only the title which the thief has, which is a void title. However, the courts have held that title may pass to an innocent purchase where there is a great disparity in the value between the original article and the new product resulting from the purchaser’s labor and /or materials. Here, Wetzel acquired title to the Corvette by accession because his labor significantly increased the value of the vehicle.