Legal Question in Consumer Law in Louisiana

Illegal Sale of Used Truck?

My husband bought (cash) a used truck from an individual 5 months ago. The Seller wanted to use a Notary he knew to transfer title. The Notary asked me to call the insurance co. to get them to fax over insurance verification. The insurance is in our company name. The Notary had my husband sign an ''act of donation of movable'' which transfered title to him personally & listed the price he pd as $100.00 (no as is clause), & he attached a receipt showing my husband pd to the Notary, ''for vehicle'' $86.50 with a $15.00 ''coupon applied to this transfer''. We rcv'd no other receipt for actual cash pd ($3500) and unfortunately, he didn't demand one. Later they called saying they have to redo the sale because it was transferred to my husband instead of the Co, so we don't have clear title, can't get it registered, and the real kicker is, it has given us nothing but trouble. (BTW, the seller won't return our calls.) Do we have any options here? Especially with no receipt for what we actually pd?


Asked on 8/16/08, 2:43 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Illegal Sale of Used Truck?

First of all, a donation has to be between persons who can legally donate from one to the other. How is your husband related to the seller? Your desire to not pay tax on the sale could get you in trouble. The Notary knows this and could get into trouble also if the "donation" is not valid. To not get a receipt for cash paid goes beyond belief. You better hope the Notary is honest and will acknowledge what took place. Redhibition may be your solution to cancel the sale.

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Answered on 8/18/08, 8:17 am


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