Is there anything else we should do regarding a car sales scam?

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Is there anything else we should do regarding a car sales scam?

My sister purchased a car from eBay. We meet the seller in person to finish the transaction. He had all the right forms. Unfortunately when verifying the forms after the fact, we learned of a possible lien on the car. So, we contact the seller with this information, he than stated he recently just paid off the lien and would send us the papers of lien release. He sends her a picture of the lien release form. We contact the person who signed off on the forms and found that this man forged the documents and the dealer has never received a dime from him. So, now we get the car towed to send back to the dealer who actually owns the car. We contacted the local police and they told us to file a complaint since it was an online purchase. We also contacted eBay. Is there any further action we can or should take?

Asked on June 23, 2012 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your sister can also sue him to recover your money: from what you write, he committed one or both of:

1) Fraud--he misrepresented his ability to convey title to your sister, to get you to enter into the transaction.

2) Breach of contract--he violated the terms under which your sister puchased the case, by not being able to provide title.

You can potentially recover the money paid for the car as well as other costs (e.g. if you had to pay for the towing).


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