Good morning. It appears that your question was just now posted to our service. I'm sorry for the delay, but in a way it doesn't matter because your instinct is correct: you need much better documentation of the seller's ownership of the machines than just something that he hand-writes for you in the middle of the night. You should require the seller/owner to obtain a copy of the invoice (or bill of sale
) that he received when he bought each machine. If he doesn't have this document for any machine, then he must contact the party that sold him the machine and get that party to issue a duplicate to him. In addition, you should check the online UCC search page on the Texas Secretary of State's website to make sure that the seller has not given any lender a security interest (lien) on any of these machines. Run the search with the seller's name and also with any DBA
name he might have used. If the seller insists on closing the deal immediately, without all this documentation, then you could consider a deal in which he puts up collateral
with a third party whom you both trust, in order to indemnify you against any third-party claim of ownership or security interest rights in the machines that you are buying. Such collateral might consist of a car or truck (although, again, you would have to verify his ownership of the vehicle before proceeding). One thing I've learned in 33 years of law practice
is that it is rarely wise to allow yourself to be rushed into a deal. Take the time you need to feel comfortable. If this has satisfactorily answered your question, then please click on Accept and provide any appropriate Feedback; if not, let me know. Best of luck to you.