QUESTION
Does a bill of sale used in a private vehicle transaction hold up in court?
Asked on Aug 27th, 2012 on Criminal Law - New York
More details to this question:
I sold a car to a person and created a bill of sale myself. The buyer, a witness and myself signed the bill of sale (2 copies: one for both parties) which indicated that no returns were to be accepted, that the car carried no warranty, and that I as the seller was no longer responsible for the car after the transaction was complete. The following day, the buyer wants a refund and claims that the car is not working. Would this bill of sale hold up in court, or do I stand a chance at losing if I do not refund the amount paid to me? I allowed for a test drive and for the buyer to examine the car without me present before they agreed to purchase the vehicle. The bill of sale included the VIN# and clearly stated the terms listed above.
14 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds like a sale to me.
Answered on Sep 05th, 2012 at 9:44 PM
1 Award
This a contract case and not a criminal law case. Without seeing the contract, it's hard to judge if it will hold up in court, but what you described has the potential to be upheld.
Answered on Sep 05th, 2012 at 4:31 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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If there was no right of rescission, then your case sounds strong.
Answered on Sep 05th, 2012 at 12:34 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes. As is means what it says. Tell the buyer sorry, no thanks.
Answered on Sep 05th, 2012 at 12:06 PM
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You should be fine, but you might want to get an attorney if there was some fraudulent misrepresentation, it might void the deal.
Answered on Sep 05th, 2012 at 12:01 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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This is not a criminal issue, but unless you knew of a major problem which would cause the car not to work and you did not disclose the problem, you should be ok.
Answered on Sep 05th, 2012 at 10:13 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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From what you say, your bill of sale is good and should hold up in court.
Answered on Sep 04th, 2012 at 10:04 PM
Leonard A. Kaanta
It should hold up.
Answered on Sep 04th, 2012 at 2:27 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This is not a criminal law question. The bill of sale should hold up in court.
Answered on Sep 04th, 2012 at 2:01 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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If you sold the car as is it will be a valid sale.
Answered on Sep 04th, 2012 at 12:39 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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That would certainly hold up unless the buyer alleges you hid a defect, which is fraud. Otherwise, yes, it was an as is transaction and you handled the paperwork correctly.
Answered on Sep 04th, 2012 at 12:34 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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The rule of a sale is caveat emptor (Buyer Beware). How did the buyer drive it away if it was not working? The bill of sale should stand up in court.
Answered on Aug 31st, 2012 at 3:52 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes it would.
Answered on Aug 31st, 2012 at 3:47 PM