Legal Question in Real Estate Law in West Virginia

Sale of personal property

I recently sold some personal property.( Mobile Home) It is located on a rented lot. The buyer paid a deposit and issued a check for the remaining balance and issued a receipt. The buyer was aware that the keys and the title would not be handed over until the check cleared. It did. On Monday I was to hand over the keys. The title is in transit from the WV Department of Motor Vehicle. My orginal was destoyed by accident. Here is the problem. When the buyer came to pick up the keys, after some coercion from one of their family members is now trying to back out of the deal. What are my legal rights?


Asked on 3/26/03, 9:35 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Sale of personal property

Any information provided in a reply cannot be considered legal advice. Generally speaking, however, title to the mobile home passed when the parties intended for it to pass. The fact that there is a certificate of title from the DMV that may be endorced at a later time does not change the timing of transfer of ownership. Generally speaking, in the absence of fraud, or incapacity or some other cause which would negate the contract, the agreement would be binding on both parties.

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Answered on 3/27/03, 7:52 am


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