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Question

We sold a horse trailer to a lady in Irving, TX for use with their horse rescue in Arlington, TX. We provided the SIGNED TITLE (from Colorado where the trailer was until this year), the TX TITLE TRANSFER FORM from the tax office, and a BILL OF SALE (as directed by the tax office.) We delivered the trailer to her (170 mi from here) a week ago after she paid for it online with her credit card through PayPal. She's now saying that she is going to put a hold on her payment because she doesn't have a way to pull it to get it inspected (it's almost new so it'll pass easily)so she can get it registered at her tax office. She says that the person she was going to have pull it won't be back in town for 2 wks & that his truck has a different plug on it anyway so he can't pull it.   We offered to just pick it up & resale it but she wants to keep it & just put a "hold" on our money until she gets around to getting it registered. What do we do to keep her from having both the trailer & our money?

Submitted: 340 days and 13 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Bell Co & Dallas Co , Texas

Already Tried:
We just learned of the problem last night when she emailed to say that she was going to put a "hold" on the payment until she could get it legally transferred into her name at the tax office. We immediately called her & she gave us the long story about not having anyone to pull it to get inspected, etc. and said she was going to stop the payment until she got it all taken care of. We fulfilled everything on our end and provided everything she needed for the private sale we made. The trailer will pass inspection, no problem. It's like new. It was inspected just before pulling it here from Colorado (relocating). We offered to just pick it up & resale it. We had dozens of people wanting to buy it but she won't agree. She wants to keep the trailer & cancel the payment until she gets around to it. Here in Bell Co we don't have to get trailers inspected we just have to take the paperwork to the tax office & they transfer it to us & give us the liscense plates, etc. Please let us know what rights we have to make sure she doesn't get both the trailer & our money back. Thanks very much, Kim

Accepted Answer

You can approach the DAs office about it and try to file theft charges or argue that what she is doing is equivalent to putting a stop payment on a check. You can also sue her for return of the trailer.

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Expert: JD 1992
Pos. Feedback: 98.8 %
Accepts: 1813
Answered: 12/2/2008

Attorney

Active attorney since 1992

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