Q: A woman is thretening to sue me for non payment on agreement for a trailer she didnt own.
Woman didnt own the trailer and broke her agreement to buy it by giving me keys and leaving state. Property owner said i should not have paid her any money. She is now threatening to sue me for rest of money. I have a conract in place to buy the trailer from rightful owner now. They say she had no right to make the agreement in the first place. Am i obligated to continue paying her? We signed a personal agreement between us but everyone says that it is null and void because she wasnt the title holder.
A: You will need to hire a lawyer to review all the documents and make a definitive statement about your situation. For Justia, I can provide general legal guidelines. As a rule, contracts for the sale/purchase of an item are conditional on the seller having title/ownership of the property and the buyer paying the agreed upon price. If the seller does not have title/ownership, the contract is void AND the seller has committed fraud (unless they were a dealer or agent of the true owner). Statements (written/signed are the best) from the true seller stating the original "seller" did not have ownership would be evidence that fraud occurred and the contract is void. If you want to make sure, check the title on the trailer prior to your sale (also be aware spouses are automatically included on title if the item was purchased during the marriage).
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