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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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If there are inaccurate statements in a bill of sale is that

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If there are inaccurate statements in a 'bill of sale' is that a breach of that 'bill of sale' and could the entire transaction be negated?
Submitted: 4 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question.

I will do my best to assist you with your issue. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com as well as various state bar associations from giving specific legal advice, provide representation, or enter into an attorney-client relationship through this open and non-confidential forum. Do you understand and agree to these provisions as well as JustAnswer.com's disclaimer?

Sincerely,


Dimitry Alexander Kaplun, Esq.

Customer: replied 4 years ago.
yes
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your patience and for agreeing to terms.

Generally no, the full "bill of sale" is NOT void over inaccuracies. While in the past the law would deem the whole agreement void over mistakes, the current trend is to save the contract and the contractual terms, and modify whatever mistakes are in the bill of sale with correct information. In other words if there are 5 items , with 3 of them incorrectly posted, the 3 may be simply removed, and the bill of sale would read to only relate to the 2 accurate items. In either case the bill of sale would still be deemed valid, unless fraud and intentional errors can be proven.

Additionally it depends on what is inaccurate--if the address of the business is not correct, but both parties know the correct information, the bill of sale is valid. Similarly, if the volume of goods (states 2 units, and it should say 2,000 units) is incorrect, the courts would review terms and then use custom to modify and put in terms that are incorrect or otherwise ambiguous.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 7:58 AM EST
Customer: replied 4 years ago.
content within the bill of sale mislead the business that i purchased. I purchased a candy route. The seller wrote in the bill of sale that there were an X amount of machines in already established business locations. It turns out that after I gave the money and completed the transaction there were less machines on the route than stated in the bill of sale and 2 of the machines weren't in established businesses, I needed to pick them up and store them in my home. Lastly the seller placed stickers on the machines saying "candy for charity" which I refuse to do because that is morally wrong and misleading to the people that are purchasing the candy.
Expert:  Dimitry K., Esq. replied 4 years ago.
Oh I see. That is a fundamental difference with what you believed you purchased, and what it actually is.

This is less a "bill of sale" issue, and more a case of fraud and intentional misrepresentation. That is actionable, and something that you can pursue via the courts if he refuses to permit you get your money back, or modify the terms to better reflect exactly what you purchased.

While the law generally does treat such purchases as "caveat emptor" (let the buyer beware), in cases of fraud (the fact there were less machines than promised, and they were not at the locations where they were supposed to be) the courts do tends to assist, especially since in this case the other person is asking you to perform something that is downright reprehensible and illegal.

Good luck.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 8:28 AM EST
Customer: replied 4 years ago.
If I want to take action is this something I should see a lawyer about or something that I take to small claims court and represent myself?
Expert:  Dimitry K., Esq. replied 4 years ago.
That depends. How much did this route cost you? And what exactly do you want to accomplish--you want your money back, or you want to renegotiate? Also, how long ago did this sale take place?
Customer: replied 4 years ago.
I paid $1,995.00. I would like to get my money back because I cant operate against my morals. The bill of sale was completed in mid July, but the final transaction with me getting the keys and the exact locations of the routes happened a week ago.
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your patience.

Theoretically you should be able to take this to court yourself. Washington small claims have a limit of $5,000, which means that you can file suit for return of your investment plus court costs, and be within that cap. If you feel uncomfortable, go see an attorney and have him file on your behalf. Here are the links to small claims information, and to the Washington courts.

If you decide to file on your own, contact your local courthouse, ask to speak to the clerk on duty, explain the situation, and request small claims petitions. You should be able to fill them out and file them directly.

http://www.consumeraffairs.com/consumerism/small_wa.html

http://www.courts.wa.gov/
Good luck!

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 8:54 AM EST
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38611
Experience: Run my own successful business/contract law practice.
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