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Good morning SIr or Madam,
I will try to make this brief and to the point. I sold a motor vehicle to a person last month with a percentage down and the remainder to be paid in 2 installements. It was a personal sale and because the buyer paid a majority of the monies, I gave the buyer the title and bill of sale on good faith. I had intially drew up a contract but the buyer had slightly altered the original terms so my husband typed up a new contract with the details. I was working at the time of the sale so my husband signed my name on the contract between the buyer and myself. Can I take this person to court based on the above information and win?
Thank you,

2006-09-01 04:38:24 · 11 answers · asked by jmortiz_22 2 in Politics & Government Law & Ethics

11 answers

Yes. If your husband signed your name with your consent, he was acting as your agent, but that seems to be irrelevant based on the facts given, since the "new" contract was not accepted by the buyer.

If the instalments are not past due, you can't do much. If the buyer has repudiated the agreement, preferably in writing, or the payments were not made when due, you can sue for either breach of contract or unjust enrichment or both.

2006-09-01 05:54:21 · answer #1 · answered by thylawyer 7 · 0 0

it fairly is a sufficiently small quantity to take them to small claims courtroom. And, that's what you may desire to tell them you will do until they supply you your a reimbursement-or they fix the matters. You made a mistake with the help of giving somebody money for a automobile which you probably did not first have inspected with the help of your mechanic. the reality they does not permit you do this would desire to have been a purple flag, and you may desire to have walked away. enable them to appreciate that they are able to make restitution or see you in courtroom. And, next time basically supply money to somebody for some thing you have had appeared at first. My spouse and that i had 6 autos appeared at in the previous we surpassed over a dime. each and every proprietor-sellers and private vendors alike-had no difficulty allowing our mechanic get admission to to the automobiles. there is not any assurances that the choose supply you all your a reimbursement. they might arise with a compromise the place they subtract what the fix value could be. That will become the recent cost for the motor vehicle. So, you may get some thing back. in case you have them served with a summons for courtroom they are going to probably backpedal and prefer to barter.

2016-11-23 17:33:35 · answer #2 · answered by ? 4 · 0 0

Yes you can take them to court, but remember at the same time, your husband is guilty of forgery and that is punishable by law. So, before you go off and do something you'll be sorry for later, think about just taking the loss and learn from your mistake(s). Experience is the best teacher.

2006-09-01 04:46:43 · answer #3 · answered by skyeblue 5 · 0 0

I think that your husband would be the one to get in trouble for forging your name on a legal document. I would ask legal advice before you try to go after the buyer.

2006-09-01 04:45:29 · answer #4 · answered by Kristie 2 · 0 0

If you have a contract that says it was to be pd on such and such day and they have not pd than yes you should win to say that your hubby signed your name not your self just makes the contract not legal so you might not want to go that route

2006-09-01 04:45:36 · answer #5 · answered by barbie89032 3 · 0 0

If your concern is over your husband's having signed your name, this is not an issue, since you are the only person who can object to the validity of the signature, and you're sure not gonna do that. ☺

2006-09-01 04:44:38 · answer #6 · answered by Jack430 6 · 0 0

I don't know the answer, but wew, you guys should have known better than giving up that title without full payment!! These days good faith is only for fools!

2006-09-01 04:43:16 · answer #7 · answered by Anonymous · 1 0

Delightfully formal.
Asking people here is like taking a broken car to a florist.
Don't take anybody's advice.

2006-09-01 04:47:24 · answer #8 · answered by Anonymous · 0 0

As long as you don't dispute him signing your name I believe you can use it as a legal document.

2006-09-01 04:46:25 · answer #9 · answered by Anonymous · 0 0

Yes, as long as the signature was done with approval....

2006-09-01 04:45:05 · answer #10 · answered by Anonymous · 0 0

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