I recently bought a car and it turned out to be a lemon so I stopped payment on the check. I have talked to the previous owner of the car and let him know and he is willing to re-sell the car. I want to be as fair to them as possible and I don’t know how to go about the title. If I let him sell the car and I make the title out to the new owner am I still legally bound to the car. For instance it was the transmission in the car that is bad if the previous owner sells the car and doesn’t tell the new owner that is is going to come back and bite me in the butt? Or am I clear as long as the bill of sale says “as is”?
If you haven’t gone through the title change with the State, just give it back to him and have the former owner sign the bill of sale (to you) acknowledging that the contract/sale is void and there is no legal recourse. If you already did the title change, then I’d suggest transferring title back to him, and let him sell the car. You do not want your name on the title at time of sale, as the buyer will be able to come back to you looking for a resolution to their problems. The last option is what you propose. Good luck.
David Marchese
Marchese Injury Law, P.A.
477 Congress Street, Suite 1104
Portland, ME 04101