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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41220
Experience:  Licensed in PA & NJ, Experienced attorney.
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I own a car dealer in Michigan i sold cars to 3 customers

Customer Question

i own a car dealer in Michigan i sold cars to 3 customers that asked me to sign there name on the title on there behalf. they gave me verbal permission and later i got a letter drawn up giving me written permission that was notarized . the state said i
committed fraud and forgery .sing this took place i now have a letter listing the cars that they have purchased with the vin # ***** years on it and it states they gave my dealership and or me to sign there name.now the customers were people i knew and all the
cars were stated and they paid tax and all deals were in my police book. theses car were 500.00 cars they would fix up and sell or give to family . they also would stated the deal with sos when they transferred ownership too the new owner.whats you thoughts
?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Just to be clear, you signed their name, not your name, or a signature with a "F.B.O." in front of their name (For Benefit Of)? Please advise.

Customer: replied 1 year ago.
i singed there name never herd of fob before .
Customer: replied 1 year ago.
i had verbal and since got 2 written permission letter that both have been notarized
Customer: replied 1 year ago.
this was done for all most 2 years and some titles were mailed to there house .there was not intent to commit a crime but the state is playing hard ball with this i don't get it?
Expert:  Dimitry Esquire replied 1 year ago.

Hello,

Signing their name is indeed 'fraud' and 'forgery', because you are signing as someone else. That is not permitted. Even if you were given 'permission', you can only sign as you, but on their behalf, such as if you have a power of attorney. But even if you were told to sign with a name other than your own, that is legally not permitted, and happens to be a felony. It does not matter if these people were people you knew, were family, or were complete strangers, signing someone else's name onto a title is not permitted. There is no 'intent' to commit a crime required, the fact that you signed someone else's anme is sufficient to prove the violation without a power of attorney present.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
i have a power of attorney
Customer: replied 1 year ago.
its notarized .
Customer: replied 1 year ago.
are you still there?
Expert:  Dimitry Esquire replied 1 year ago.

But even with a power of attorney you have to sign as YOU, not as them, but sign on their behalf. Furthermore, you have to have had a POA for each occurrence, from that date, and so listed in the title. You have to sign "Your Name, signed for the benefit of, Their Name". You cannot sign as you. This letter cannot be draw up later, it has to have existed at the time of signing.

Please understand that I am not simply siding with the state, I am explaining why they have grounds to pursue.

Sincerely,

Dimitry, Esq.

PS. I am here, but it may take me a bit to write my answer with clarity and detail. Kindly allow me that time especially if I am not sure if you reply or how quickly. Thank you!

Customer: replied 1 year ago.
ok so now what should i do ? i had know idea that was fraud . they have not charged me with a crime yet?
Customer: replied 1 year ago.
none of us did the people will testify in court that they gave me permission.
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

Now you may want to retain counsel. This can become very serious if the state chooses to pursue charges. I do not know if they will, but they surely can do so. The parties can be called to testify, and so can you, as you can plead potential ignorance as a defense and claim that you thought that you were following the instructions of the buyer. While that is not usually a good defense, it can mitigate the position as there was no intent to defraud, as you stated.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
ok thx
Expert:  Dimitry Esquire replied 1 year ago.

You are most welcome, glad to help. Please let me know if I can ever assist you again. Otherwise, if satisfied, kindly do not forget to positively rate so that I can obtain credit for my work. Thank you.

Sincerely,

Dimitry, Esq.

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