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Questions and Professional Answers

Questions and Professional Answers

  • Title verses Bill of Sale

    Which is most legally binding, a Tile or a Bill of Sale? We bough a horse trailer in 04 and only received a bill of sale because we didn't even know horse trailers had titles. Then in 05 the guy that had the trailer before the guy we bought it from who had the title borrowed money from a bank on it. He has defaulted on the loan and they can't find him. Now the bank says they are coming to take the trailer back from us. What are our leagal rights? Thanks :)
    • Re: Title verses Bill of Sale

      The title dictates who owns it.

      Glen Ashman
      Ashman Law Office
      2791 Main Street
      East Point (metro Atlanta), GA 30344
    • Re: Title verses Bill of Sale

      It is likely not a question of "most legally binding." Both can be fully legally binding. If the bank's security interest in the trailer is valid, they probably have the right to get the trailer no matter who you bought it from or for how much. If your contract is valid, you might have a right to seek your money back from the seller, who might not have had the ability to sell what he was selling. Conversely, depending on the facts, you may be deemed to have bought whatever limited interest the seller had (ie, you took with the lien) because you did not make a good faith investigation into the title and lien.

      Scott Riddle
      Scott B. Riddle, Attorney
      Suite 3250 One Atlantic Center, 1201 West Peachtree St., NW
      Atlanta, GA 30309
  • I bought travel Trailer Bill Of sale only

    I bought an old Travel Trailer from an elderly man, Who only had a bill of sale only.He had it parked on a campground for years. So, Now I only have a bill of sale.Vin# ran back ten years & no title came up.How can I get a title for this now. I fixed It up really nice & now want to sell It.Thank You, Joetta
    • Re: I bought travel Trailer Bill Of sale only

      There is a process whereby you can file an affidavit that is available at the title bureau. Call them. If they don't have the affidavit you may call me and I will help you. There is a process though.

      Joseph J. Jacobs Jr.
      The Jacobs Legal Group
      15614 Detroit Avenue
      Cleveland, OH 44107
  • Bought a used trailer

    We just paid for a used trailer and the previous owner did not disclose damage the the travel trailer. They covered it up with a sticker. The bill of sale does not say as is and when we called him to let him know we were unhappy and wanter our money back he said no. Do we have a case if we sue him? Do you know if we have any options?
    • Re: Bought a used trailer

      It sounds like you have a case. Sue him.

      Alvin Lundgren
      Alvin R. Lundgren, L.C.
      5015 W. Old Hwy 30 Ste 200
      Mt. Green, UT 84050-9752
  • Signed registration and trailer taken away by sherrif.

    Purchased a trailer from my employer by working for it in overtime. Trailer was given to me by my employer which was the owner with a signed registration. I have had the trailer for four months and sold it to a freind after paying it off. I had given notice one week after paying off the trailer and finding out my employer was not doing business legally. He then stole my daytimer and fired me a week later. then called the sherrif and told them I had stole his trailer. Even though I had no bill of sale after he stole it I still had a signed off registration and the sherrif had taken it back anyway. His best friend is the undersherrif by the way! What can I do?
    • Re: Signed registration and trailer taken away by sherrif.

      Sue your employer. Bill Stern

      William Stern
      William Stern, P.C.
      24750 Lahser Road
      Southfield, MI 48033
  • Fifth wheel trailer sale (Over weight

    I recently purchased a new fifth wheel trailer from a dealer who informed me my current truck was adequate to handle this trailer. Turns out it will not. The trailer has not been used but has been picked up and in my possesion for 6 weeks. Is there any legal recourse to be able to down size this trailer and not loose a small fortune?
    • Re: Fifth wheel trailer sale (Over weight

      Contact the BBB, but I don't think the lemon law arbitration rules apply to trailers.What doesn't make sense is why it has been in your possession for 6 weeks if it has not been used. It has probably been rained on, possibly even snowed on, etc., which means it's not really new anymore. At any rate, let's assume that the dealer won't take it back. You can put it up for sale on Craig's List or some other list, you can keep it, offer to trade...at the end of the day, though, it was YOUR responsibility to ensure that what you bought would work with your truck.After all, the dealer was just happy to sell you something, as far as he knew/cared, you could always buy a new truck that *would* handle it.BUT, if you live in a small town and the dealer relies upon word of mouth, you miiiight just get somewhere by trying to mediate the dispute to figure out how both of you can win from the problem.

      Regina Mullen
      Legal Data Services, PLC

      Redmond, WA 48103
  • Debt collection

    My husband sold his deceased mothers trailer. Hubby and the buyer signed a bill of sale(We made it) in front of a notary. The buyer agreed to pay on the 28th of the month starting in January 2005. This is in the bill of sale. He has yet to make a payment. My husband contacted the buyer in February. The buyer said that he would make a payment as soon as he got paid. We still have recieved nothing. I now find out that my husband already signed the title to the trailer and gave it to the buyer. I know I am already screwed. But is there some recourse in this matter?
    • Re: Debt collection

      Depending on what the note says, you can still collect on the debt. If the amount is less than $3,000, then go to small claims court. If it's more than that, you'll need to get an attorney, most likely.Giving up the title doesn't mean you are "screwed" so much as it prevents you from repossessing the trailer. If you had maintained a lien on the trailer, you could have taken it when he didn't pay. As it is, you need to sue, and ask for the trailer back if the guy can't pay you.Good luck.

      Anthony DeWitt
      Bartimus, Frickleton Robertson & Gorny, PC
      715 Swifts Highway
      Jefferson City, MO 65109
  • Sale of a trailer which has a lein on it

    I wish to purchase this travel trailer from a private party. The trailer has a lein on it. How do we handle this sale in order to get a clear title from the seller?
    • Re: Sale of a trailer which has a lein on it

      The lien must be paid off and a release recorded with the County Recorder of Deeds.

      Mary McDonagh
      McDonagh-Faherty Law Offices
      3310 North Harlem Avenue, Ste. 101
      Chicago, IL 60634
  • Breach of contract

    Someone sold my travel trailer and refused me my bill of sale for 2 years. I had to get a subpoena to get it. He or his agent let someone forge my name and put 100 dollars as sold not 3300 .He sent three different bills of sale to the atty,generals office selling for 3300.I have his signed and dated admission that he knew what to sell the trailer for.For 4000 not 3300. on three different dates he wrote that he installed air conditioners(it now has 3 a/c).He said he didnt know who forged my bill of sale. he dont know who wrote the 100 figure in instead of 3300.Cheating the State,the Irs and me. When he took the trailer to sell for me i was told I would not survive my bone cancer.He said Maybe i should sign the title then .I thought that was a good idea.So i did.He told the Judge that i signed the title when he gave me the 25 oo dollar check.I asked him why did I forge my own name on the bill of sale at the notary and come to his place to sign the title.I guess you must think I'm pretty stupid.My attorney and his atty.both had the same paper I have shows he lied about the selling price.his atty. told the judge it was a reply to my attys.new matter.Judge says I had no breach of contract.He won. Is being part of forgery breach.
    • Re: Breach of contract

      I think that you may want to appeal the decision but this time with a lawyer.

      John Gibson
      John W. Gibson, Esquire
      912 Fifth Avenue
      Pittsburgh, PA 15219
  • Travel Trailer Private Sale gone bad

    First of all, after doing my research, I know I am an idiot by not having the trailer inspected before paying it. Based some facts of my situation, I am hoping your Law Gurus can give me advise if I have a case or not.Sincerely, 1. Agree to buy the trailer for $4500 holding $1000 for title.Was advertised 'Like New' condition. 10 year old.2. Seller delivered the trailer, signed Bill of Sale (no ''as is'' add on)3. Find out many structure problems the seller didn't tell me about. e.g leaking in the back and front top of trailer, water damage to the wood frame from leaking. Refrig not working. Dead battery.Repair could way above $1000. Pending esitmate.4. Title mailed from seller a week later, not signed by seller.5. Called seller explained the problems. It turns out he knows them all along, as matter of fact he was attempting to make some repairs to the trailer and removed antenna from roof. ( a hole on top)6. Visited seller , shown him the footage of damages. Made oral agreement that seller take back Trailer relist for sale. Returned the pink slip7. Trying to call seller next 10days, no phone call answering, no reply voice message and email.8. 10 days later Seller called said he will sue me for the $1000
    • Re: Travel Trailer Private Sale gone bad

      You could sue him for fraud. He advertised taht the trailer was "like new." Turns out it's not like new but has serious deficiencies. You could rescind the contract, which is what you have attempted to do. Did you get your money back? Is the only problem that he is threatening to sue you for the $1000? Did he keep your money of $3,500? If so, you should sue im for rescission based on fraud.

      Anne Marie Healy
      Law Offices of Anne Marie Healy
      1209 North Broadway
      Santa Ana, CA 92701
    • Re: Travel Trailer Private Sale gone bad

      If he sues, tell your facts to the small claims judge, that is where you'll be. I doubt he'll sue. If he owes you money, you file in small claims.

      Terry A. Nelson
      Nelson & Lawless
      2134 Main St., #130
      Huntington Beach, CA 92648
  • Bill of Sale

    I am selling a park model mobile trailer located in Arizona to a Canadian. It is titled through Az DMV as a motor vehicle. My residence shown on title is in Illinois, where I live full time. ?1. What Bill of Sale form do I use, Mobile Home or Automobile and ?2. Should I use Az or IL form?
    • Re: Bill of Sale

      You should list this question in Az., also.Bill of Sale should be in conformance with Arizona law.

      Burton Padove
      Indiana and Illinois Lawyer, Burton A. Padove
      533 W. Ridge Road, Suite C
      Munster, IN 46321