Legal Question in Criminal Law in Illinois
My wife and I owned an old RV she has been storring it and cant pay the storage fee any more, we are currently seperated but do still talk too each other fine. She asked me if she could sell it and sign my name on title I told her yes go ahead, she did and the guy who purchased it is mad since it broke on his way home, he is telling her that he is pressing charges on her for fraudulently signing my name on title and she will be going too jail is this true or no. We live in Antioch,IL.
1 Answer from Attorneys
The "permission" should have been in the form of a statutory power of attorney that should have been given to the buyer and the assignment of title properly executed. In addition if there is a separation agrement then this may be an issue. However, if the buyer took possession of the vehicle with an assignment of title that can be properly supported by documentation, the sale "closed" when money was paid, the assignment of title was given with a bill of sale, and unless there was some other kind of "warranty" given, the law presumes a used vehicle is sold "AS IS". You may have to produce documentation supporting the assignment of title but otherwise the buyer is obligated to proceed with the transfer of title and pay any used vehicle taxes (usually based on the bill of sale amount). The bigger issue is that if you did not accompany the buyer to a currency exchange to handle the transfer of title and payment of taxes the vehicle may wind up still being in your name and if it is involved in any accident your continued ownership could be an issue, so until this is worked through I would recommend that whatever insurance you had on it (hopefully at least liability) is not cancelled.
Related Questions & Answers
-
Can a victim of an armed robbery use deadly force, or force likely to cause great... Asked 1/28/13, 10:14 am in United States Illinois Criminal Law