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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37488
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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In 2011, I sent my son $70,000 to buy the property adjacent

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In 2011, I sent my son $70,000 to buy the property adjacent to his girlfriends. (I was living in Australia at the time) He was to pay off the property in full, as well as do renovation work. 1 year ago, his girlfriend contacted me and said that he needed a further $20,000 to finish everything off - and I sent it, expecting to come home to a finished home. 8 months ago, I came back to California, only to find that the property was in foreclosure, but that other than a deposit of $20,000, none of the money sent had been used for it's intended purpose. Since my return, he's been extremely abusive and dismissive because I've questioned where the money has gone.
Do I have any legal recourse?

FYI.... he's an ex felon who is currently up on guns and weapons charges, and like a fool, I helped pay his bail.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

When you sent the funds, did you send them purely as a gift? Was there a contract in place? Is your name also on title of the property?
Customer: replied 1 year ago.

No, I sent the funds with the express intention of them buying the property for me... in my name. It was very clear from the outset, that it was NOT a gift The property was put in my son's girlfriends name solely, but last week, she signed a quit claim relinquishing all title to the property

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-i-up, Kathey.

That is a very different story. What you are describing is not a gift relationship at all but essentially either an agency relationship, or having that person act as your 'strawman' when purchasing this for you. Failing to invest the funds then becomes a breach of contract, as is failing to make repairs that the person was contractually obligated to perform when they accepted the funds. In this case, provided you can prove by correspondence that this was a contact rather than a gift, your recourse would be to file suit against your son for the funds and seek recourse in that manner. This is also potentially fraud if he failed to place the unit in your name when he was supposed to purchase it under it. This is also too large for small claims--you would need to retain counsel and pursue him directly via the courts for the funds owed to you.

Good luck.

Customer: replied 1 year ago.

Unfortunately, my son has no money. And since he's facing court at the end of this month for the guns and ammo charges, would I be better off contacting an attorney, or going straight to the DA?


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Kathey,

If your son has no money than I am a bit unclear as to what you wish to accomplish. You definitely would lose money pursuing him civilly, as for criminally you can contact the DA and ask if they are going to be willing to press charges. it is going to be unlikely however because you provided the funds to him directly, which may then become more of a civil matter and less of a scheme for criminal fraud. You can still contact an attorney and see if he can advise you to pursue criminal charges but my worry is that it will not really accomplish anything as the DA is likely not going to be willing to prosecute.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37488
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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