Legal Question in Criminal Law in Pennsylvania

Car Theft

Someone buys a car from from a man and this man had bought the car with a bad check(with a check from a checking account he had closed doen) from another lady. Who would legally get the car and what will happen to the same that bought and sold the car?


Asked on 11/10/04, 3:13 pm

2 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Car Theft

I agree w/Attorney Johns. You didn't say which one of the 3 people you are. If you would like to talk with someone about this, feel free to email me.

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Answered on 11/11/04, 4:54 pm
Mark Johns Mark Johns, Esquire

Re: Car Theft

The purchaser of the vehicle from the person who acquired title by the bad check is the title owner to the car (as long as they are a good faith purchaser. See 13 Pa.C.S. � 2403 which states "Power to transfer; good faith purchase of goods; "entrusting."

(a) Transfer of title.-- A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though:

the transferor was deceived as to the identity of the purchaser;

the delivery was in exchange for a check which is later dishonored;

it was agreed that the transaction was to be a "cash sale", or

the delivery was procured through fraud punishable as larcenous under the criminal law."

The person who purchased with bad check owes the first person the value of the check that was bad or may face criminal charges. I offer free consultations.

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Answered on 11/10/04, 5:55 pm


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