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Question
A buyer gives a seller a fake cashier's check and falsely states, "The bank issued this check this morning." Relying on that statement, the seller signs over the certificate of title to a car and gives the buyer the keys. What is the buyer's most appropriate common-law theft offense?
False pretenses, because the seller transferred title in reliance on a false statement of present fact.
Larceny by trick only, because all fraudulently induced transfers are possession transfers.
Embezzlement, because the buyer lawfully possessed the car after receiving the keys.
No theft offense unless the buyer made a promise about future payment.