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Does a signed bill of sale bind me to a private car sale if the seller did not fulfill his end of the bargain?

Athens, NY |

I tried purchasing a car out of state. I flew to Chicago from NY with 2 checks, 1 for the sellers bank & 1 for the seller as the balance. We both signed the bill of sale. The seller did not deposit the check correctly and now 3 weeks later is requesting another check from my bank. My bank canceled the 2 checks because they felt it was fraudulent. I never received a title. Now i am telling the seller to come get his car and he refuses. I am going to put his car in the inpound until he decides to pick it up. He is now threatining to sue me. Not sure what he can sue me for. Who is ultimately responsible?

Attorney Answers 2


  1. You would be well-served to discuss your dilemma with a New York contracts attorney in a confidential forum as soon as possible.


  2. How were the checks deposited incorrectly? What was your agreement regarding the title? When were you supposed to receive it? At the time of sale? From the bank? Once checks cleared?

    You currently have possession of a car you did not pay. You would be well served by contacting an attorney and discussing the situation.

    This answer is not legal advice. You should act or refrain from acting based on this answer. This does not form an attorney client relationship between you and Regina Gordon, Esq. Such a relationship is only formed after you sign an engagement agreement.

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