Bill of Sale signed before receiving money

[eskayotic]

What is the name of your state (only U.S. law)? New Jersey

Hi,

I was trying to sell my car through a classified ad, and someone contacted me to buy the car.



The car was out for $18000, and after many emails, he said he needed a Bill of Sale to get approved for financing by his bank.



Without too much thoughts, I just filled out the Bill of Sale, (wrote my name, address, price, vin number, make, model, miles) and signed it and scanned it and emailed it back to him.



Now, he won't reply my text or email, and now I'm worried.



Can this be a scam?

Is there anything he can do to take the car or something?

Please help.

 

[xylene]

Contact a lawyer IMMEDIATELY.

 

[justalayman]

It might be a scam, maybe not. Now don't do something worse by signing the title and sending that so "his bank can register a lien" or some other BS story.


Did you show the receipt of any money in that bill of sale or was is more of a contract to sell the car?

 

[Willlyjo]

What is the name of your state (only U.S. law)? New Jersey

Hi,

I was trying to sell my car through a classified ad, and someone contacted me to buy the car.



The car was out for $18000, and after many emails, he said he needed a Bill of Sale to get approved for financing by his bank.



Without too much thoughts, I just filled out the Bill of Sale, (wrote my name, address, price, vin number, make, model, miles) and signed it and scanned it and emailed it back to him.



Now, he won't reply my text or email, and now I'm worried.



Can this be a scam?

Is there anything he can do to take the car or something?

Please help.

You have absolutely nothing to worry about. The bill of sale is moot! You have the title to the car (I presume) so there is no way it can be taken from you unless you sign the title over to someone (assuming you have no judgements against you that will enable a judgement creditor attach your assets).

 

[justalayman]

You have absolutely nothing to worry about. The bill of sale is moot! You have the title to the car (I presume) so there is no way it can be taken from you unless you sign the title over to someone (assuming you have no judgements against you that will enable a judgement creditor attach your assets).

actually, depending on what is in the "bill of sale" he could make a claim for the car or a refund of money paid. "Buyer" would have to substantiate the claim if OP refused to roll over though.

If the "bill of sale" says OP received the money already, that is prima facia proof money exchanged hands. So, "buyer" shows up and says he wants the title. OP says no way. Buyer demands money proven by receipt back. If seller refuses, it's up to the buyer to take the next step.

a title is only prima facia evidence of ownership but is rebuttable. Proof of payment is just the evidence needed to show ownership of equitable title.

 

[Willlyjo]

actually, depending on what is in the "bill of sale" he could make a claim for the car or a refund of money paid. "Buyer" would have to substantiate the claim if OP refused to roll over though.

If the "bill of sale" says OP received the money already, that is prima facia proof money exchanged hands. So, "buyer" shows up and says he wants the title. OP says no way. Buyer demands money proven by receipt back. If seller refuses, it's up to the buyer to take the next step.

a title is only prima facia evidence of ownership but is rebuttable. Proof of payment is just the evidence needed to show ownership of equitable title.

IMHO, the Op is totally safe! It is highly unlikely the perpetrator of this scam would suceed in prevailing with his bill of sale which he deceptively conned from the OP.

 

[xylene]

actually, depending on what is in the "bill of sale" he could make a claim for the car or a refund of money paid. "Buyer" would have to substantiate the claim if OP refused to roll over though.

If the "bill of sale" says OP received the money already, that is prima facia proof money exchanged hands. So, "buyer" shows up and says he wants the title. OP says no way. Buyer demands money proven by receipt back. If seller refuses, it's up to the buyer to take the next step.

a title is only prima facia evidence of ownership but is rebuttable. Proof of payment is just the evidence needed to show ownership of equitable title.

I'm inclined to agreed with you in terms of the hassle this could cause for the op, but if the seller (op) did not sign the title, that seems to trump anything else, at least in terms of NJ law.

Hence why I advised the OP to seek a lawyer immediately (given the car's value.)

 

[justalayman]

IMHO, the Op is totally safe! It is highly unlikely the perpetrator of this scam would suceed in prevailing with his bill of sale which he deceptively conned from the OP.

Ultimately it would result in the OP walking away if it got into the official channels but it could be a lot of hassle getting there. Given the fact the OP did what he did, it suggest OP is a bit naive and that is exactly what a scammer will take advantage of.

So, is he safe in regards to legal matters; most likely

is he safe from a possible scammer using what has been provided to attempt to either gain the title or money? only time will tell.

 

[OHRoadwarrior]

2 comments....

OP could refute the bill of sale claim with emails.

If scammer lives in a bill of sale state, car could be stolen and registered there.