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RONB-ESQ
RONB-ESQ, Attorney
Category: Business Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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My son wants to bu a used pick up from a used car salesman

Customer Question

Hello, My name is***** son wants to bu a used pick up from a used car salesman who is in Vermont. We are in Massachusetts. We drove up and saw the truck. We made an offer from MA and he accepted. We proposed to wire the ramp truck fee and give the ramp truck driver the balance upon delivery. the seller said he needs to be paid in full and suggested that we wire the money and he will deliver the truck with the title. This long distance transaction makes me a little nervous. What is the proper way to do such a transaction? Thanks
JA: Thanks. Can you give me any more details about your issue?
Customer: Its a used 1974 f250 with around 66,000 miles if the odometer works
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Submitted: 9 months ago.
Category: Business Law
Expert:  RONB-ESQ replied 9 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Expert:  RONB-ESQ replied 9 months ago.

Could you tell me about how much money you are paying and how much are you paying to ship vehicle and will you pay shipper or will dealer?

Expert:  RONB-ESQ replied 9 months ago.

If you have taken the proper first steps and this is you went and looked at vehicle and confirmed it was a legitimate sale and not a fraudulent online sale. You need to have a written contract and in that contract it needs to be confirmed who is responsible for vehicle after it leaves dealer. If you are arranging shipping you may be responsible at that point. If so you want to verify the record of the shipper and confirm he has valid insurance and is licensed to transport by D.O.T. since this is between states and not inside one state the Federal Department of Transportation must issue him a license. That is just another way to make sure he is legitimate. ;

If you get a written contract that covers everything including whether there is a warranty or sold as is then you might have a couple other options. You could agree to wire funds within 3 days of delivery and dealer agrees to mail you title within 3 days of receipt of payment. Then both of you have some protection in that he has not given up title and you have not given up payment?

You might also consider using a service like https://www.escrow.com/ this is a third party that holds the funds and likely title and won't release anything until certain conditions are met and you both approve. They are used more for online sales, but I am sure you can use them for an offline sale. You would likely need to pay the escrow fee as the dealer would not normally be required to pay this if someone walked in and purchased.

The dealer's point of view would likely be that if we sign a contract and at the point I hand it to your shipper it is yours other than if you want to make some claim about dealer defrauding you, etc. that is always still available as you could file suit with court. If you fully vet the shipper you should sign a written contract with him and you should make sure that in the contract he agrees to cover the full purchase price if vehicle is lost or totaled due to truck wreck, etc.

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Regards, Ron

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