Legal Question in Civil Litigation in Virginia

Any worries about selling a car international

I've recently posted my car for sell on the internet. A person from Gemany wants to buy it. The person said they would send me a Cashier Check for the amount of the Van and for the Shipping. After the check clears, I would western union the remaining money to the carrier she chooses. Then the carrier would come by, pick up the van and Title. Should I be worried due to the 9/11 factor? know I will be taking names and ID's. Am I at risk of anything that could happen? Should I type a letter of release to have the carrier sign for?


Asked on 1/10/05, 9:37 am

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Any worries about selling a car international

This is a scam! The cashiers check will be fake. Contact the police or FBI immediately. Perhaps they can do a sting and catch these crooks.

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Answered on 1/10/05, 9:50 am
Jonathon Moseley Jonathon A. Moseley

Re: Any worries about selling a car international

My colleague has a genuine concern, but you specifically mentioned waiting until the check clears. There ARE reports from my own bank of the use of FORGED cashier's checks. In other words, DO make sure that the check actually clears before you either ship the car or send any money to anyone else. The danger might be that once you get the cashier's check, the "buyer" will suddenly pressure you to send the difference to the "shipper" in a great hurry, so that the shipper receives money from you BEFORE the forgery of the cashier's check is discovered. However, assuming you are not swayed and have the discipline to wait to see if the check clears, I don't see any problem with that concern.

Because you are not a regular merchant (I assume) you are not covered by the Patriot Act. Hoewever, if you were regularly in the business of PAYING OUT money to sellers, you would be obligated to take "reasonable" steps (nobody knows what that means and it is the cause of much concern) to ensure that you know the identity of people you SEND money to, keep records, and make sure they are not on the terrorist watch list. In your case, this obviously does not apply.

Frankly, the buyer has a lot more risk than you do. While this type of transaction is reasonable and normal (I have a friend getting into this type of business), it is tough to pull off the shipment of a single car if you are not familiar with it. I would think that the buyer would rather have you deliver the car to THEIR shipper, chosen by the buyer, and work directly with the shipper, for the buyer's greater protection.

I cannot imagine any other problem for you, although I can for the buyer. Perhaps just take a videotape of the car before you hand it over to the shipper, perhaps with a witness present, to document the condition that the car is in and that there is nothing "extra" in the car, in case anyone adds any contraband later. Unlikely but a videotape is easy enough.

Obviously, someone needs to pay for insurance for the ocean voyage!

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Answered on 1/10/05, 11:13 am


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