Questions and Professional Answers

• Sold As-Is clause in a Bill of Sale

  I believe I am being wrongfully taken to court over an auto sale. The buyer brought with him a bill of sale that states by signing this bill of sale he inspected the car and approves the condition it is in. He now wants to return the car one week later saying it does not pass inspection and that the car is a lemon. I was wondering by him says he accepts the car ''as-is'' am i obligated to return his money and take back the vehicle

  • Re: Sold As-Is clause in a Bill of Sale

    I do not know what the basis.Are you an individual selling the car, or are you in business to sell?

    henry lebensbaum
    Law Offices of Henry Lebensbaum (978-749-3606)
    300 Brickstone Square, Suite 201
    Andover, MA 01810

• Does the Defendent have the right to take my horse away?

  The defendent (my ex-horse trainer) believes that without a bill of sale, she still has rights over my horse. I am a minor and my dad and I have been paying the bills for the last 1.5 years. I have proof that he is mine and owned by me, but she believes that I am ''leasing'' him without a bill of sale.We had a bill of sale, but out of anger & fustration, I ripped it up. From what I know, anything said or done out of anger, is not valid.We had an agreement that I would help her on the farm, in exchange for my horse. In the bill of sale, it was listed as ''for the price of $1''. Nothing ever was in writing about me working or how much I would have to work.

  • Re: Does the Defendent have the right to take my horse away?

    If you can prove that you had an agreement of sale and that you've performed or are performing your end of the deal, then you have a legal right to the horse. Obviously you shouldn't have destroyed your bill of sale, but if your doing so was not an attempt to void the sale, you still have a valid claim.

    Robert Sher
    Wagshal and Sher
    4824 Edgemoor Lane
    Bethesda, MD 20814

• Bill of sale for a boat

  I purchased a boat and never received a bill of sale. The guy who sold it to me from a consinement shop...sent me a bill of sale but it was not good because it had his name on it and not the actual seller. I contacted to Seller myself and requested it. When he found out how much I paid, De decided to contact an attorney because the man lied about how much he sold the boat for and pocketed the extra money. He will not relwease the bill of sale until her gets his money from the man. Can I cancel the loan and return the boat because I can not register it in my state? What are the laws when you finance with a bank?

  • Re: Bill of sale for a boat

    You need to hire an attorney because you were sold something that the seller had no right to sell. If he had had the right to sell it, he would have given you the required paperwork. So, you need to take both of them to court to clear your title, if you can't negotiate it.The seller has no right to dictate the terms of the sale, and you shot yourself in the foot by telling him what you paid. That's why the consignment shop owner is justifiably annoyed with you.Try to mediate it at a local center [to keep the sale, maybe the other two will agree to amicably split the "excess"], but chances are you're going to end up in court.

    Regina Mullen
    Legal Data Services, PLC
    
    Redmond, WA 48103

• bill of sale

  I just bought a new 08 motorcycle for cash so there are no liens and I have the mso but not the title.The bike was never registered and has been bought to sell to a company in Europe,I would like to know how to transfer ownership without the title,I also have the original bill of sale.The bill of sale as well as mso are in my name.Thank you

  • Re: bill of sale

    I would never buy any vehicle without a certificate of title. I would inquire at your local DMV for a copy of the vehicle's titling history. It would not surprise me to learn that the vehicle is already titled (and liened), and the story the seller gave you is BS. Maybe next week you will get a call from the bank's repo man.

    Michael Stone
    Law Offices of Michael B. Stone 310-776-7500
    3020 Old Ranch Parkway, Suite 300
    Seal Beach, CA 90740

• Bill of Sale as opposed to a Contract

  The lawyer representing an inventor provided a bill of sale rather than a contract between the inventor and investor. The investor is to receive 10% of the income from the sale of the invention. This seems strange, and the investor wonders if a bill of sale protects his investment as well as a contract would have done. As a layperson with some background in finance, there is also the same question in my mind.

  • Re: Bill of Sale as opposed to a Contract

    It certainly sounds unusual, but there are too many gaps in information to even reach a tentative conclusion.

    Peter Bradie
    Bradie, Bradie & Bradie
    6606 FM 1488, Suite 148-363
    Magnolia, TX 77354-2544

• Bill of Sale Contested

  If a purchaser provides a bill of sale and the seller signs it, but the title of the item is never transferred over. Is the seller liable if he decides to not sell the item? What if the item was at no cost, free, so no money was ever traded? Does this cancel out the bill of sale?

  • Re: Bill of Sale Contested

    You don't have a sale if nothing is given in return for the item; that you instead be a gift. You may have a basis for not following through on a gift, but I'd have to know more.

    David W. Nance
    DWNance.com founding member of NanceGroup.com
    5700 Magazine Street
    New Orleans, LA 70115

• Is the car mine?

  I have a car that my boy friend left my son in his will i have a title and a BILL OF SALE THAT STATES HE GAVE 500 CASH FOR IT AND THE PERSON ON THE TITLE SIGNED THE BILL OF SALE. and the will he got sick and never transfered the title to his name so I contacted the person on the title and bill of sale by mail and his mother has called me saying that the car was not paid for and that she will file charges on me if i do not give it back to them. what can i do

  • Re: Is the car mine?

    OH!! well in that case, you could file criminal charges on the the person for failing to transfer title. The only alternative would be to seek a judgment with a TRO and injunction to prevent them from exercising any efforts to possess the car. I wonder if the car is worth the trouble and expense. Good Luck.

    James Grissom
    Law Office of James P. Grissom
    3507 West Alberta Rd.
    Edinburg,, TX 78539

• Bill of sale falsely provided

  I was in agreement to rent to purchase (1) mobilehome to which I am maintaining the lien against. The document provided to me was a ''bill of sale''. My husband and I both signed. The purchaser is subletting the home to her brother. I want ownership of my property back or her to provide me with full payment for payoff. Our agreeement was for a rental to purchase but I overlooked that she provided me with a ''bill of sale'' and we both signed. How/ Or can I be held responsible for a sale of property that I do not own?

  • Re: Bill of sale falsely provided

    From your question it appears to me that you did not have the benefit of legal advice in attempting to conduct your transaction regarding the mobile home. In order to provide you with competent legal advice at this stage of the proceedings, I would need to interview you and also review any documents you have signed. Generally speaking, if you intended to enter into a binding,legally enforceable, contract, such as a lease with an option to buy, and did not effectively do so, then I am not sure what you have done. Obviously, you cannot sell what you do not own. Depending upon where you are located, I may be able to provide legal services to you in an effort to straighten this situation out or at least advise you regarding your legal rights and duties, if any, as pertaining to the mobile home. You may call me for a free telephone consultation at 314-727-2822.

    Michael R. Nack
    Michael R. Nack, Attorney at Law
    200 South Bemiston (307)
    St. Louis, MO 63105

• promissory note and bill of sale

  If I have a promissory note that specifies an amount due of $50,000 but equal payments in the amount of $500.00 due on a specific day of the month with 0% interest for one year until the note is paid in full a year from the date of the document, and does not specify a balloon payment, is the promissory note valid for $50,000? Or $6000.00 as the payments would total? Also if the promissory note is in connection with a bill of sale for an automobile and the bill of sale states that the property is free of all claims and offsets of any and all kinds, fee from all encumbrances whatsoever, but there is an outstanding loan against the vehicle that is not assumable, is the bill of sale valid? as title can not be transfered?

  • Re: promissory note and bill of sale

    Looks like you bought a vehicle but didn't receive title because it was encumbered by a loan. Right? If so, and if receiving title free and clear of all liens was part of the deal, you may have grounds for rescission (to unwind the deal). Otherwise, you may have a right to damages against the seller for the amount of the loan. Or, you have a right to offset the amount which you owe the seller for the amount of the loan. The promissory note is likely for $50k. What was it supposed to be? If there is any ambiguity, the intent of the parties will prevail.

    Daniel Harrison
    Berger Harrison, APC
    2700 Pacific Coast Hwy., Suite 200
    Newport Beach, CA 92663

• Contract Protection

  One year ago I bought a horse from a friend at work. He first approached me and said he was giving away his horse to cut costs at home. I told him I would pay 1.00 for the horse and make it a legal sale. I drafted a bill of sale in which we signed and I had a witness sign it as well. I told him that I would have the option to sell the horse back only to him to assure him that I would not turn around and it the horse for a profit and in the event the horse was unmanageable, I would first offer him back to the original owner. This period was for one year from the date of sale. Now, one year later, he has said that he wants to sell the horse!? I advised him that I already bought the horse for 1.00. He said that he didn't read the bill of sale and did not understand that it was a permanent sale. How can I resolve this? Shall I have him take me to court? The bill of sale is very clear. Where do I go from here?

  • Re: Contract Protection

    Assuming he is of ordinary intelligence and can read/write English, he is bound by his contract. A Bill of Sale is in fact a type of contract if it contains all the terms necessary to tell who does what to whom and for how much.He is running a bluff, legally, if it has been more than one year since the sale and he did not exercise his first right of repurchase within the year period.If you are sure of your facts there is really nothing for you to do except wait and see if he follows through.If you sell the horse you might consider giving him part of the sale proceeds, although you are not legally bound to do this based on the information contained in your post.

    Charles Aspinwall
    Charles S. Aspinwall, J.D., LLC
    PO Bx 984
    Los Lunas, NM 87031-0984