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October 11, 2006

Colorado Supreme Court Splits on UCC v. Stolen Property Statutes

Thanks to a reader for this one!  In West v. Roberts (Colo. Oct. 10, 2006), a third party obtained property through theft by fraud from the owner, and then sold the property to a good faith purchaser.  Under the Stolen Property statute, the defrauded seller is supposed to get the property back; under the UCC the good-faith purchaser gets to keep it. 

Over a dissent, a majority held that the UCC controlled in the conflict because the UCC was later and more specific.  As a result, the court held that a subsequent good faith purchaser of a car obtains good title under the UCC even though the car had been acquired through an earlier fraud because the original owner of the car voluntarily parted with it.  The dissent argued that the UCC was not "more specific" than the stolen property statute. It's an interesting conflicting statutes case.

Thank you for sending it along!

October 11, 2006 in Current Affairs | Permalink

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