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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26098
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I bought a car from a guy who said he got it from his mother

Customer Question

I bought a car from a guy who said he got it from his mother for graduation. I did not look at the title closely but when I got home it was signed with a j only for the ladys' name. It looked very similar to his handwriting on my receipt. Is this criminal fraud and can I have him arrested and/or recover my money? That was just a small amount of the fraud he perpetuated but this seems to be my only recourse since lemon laws in Texas do not cover sales from individuals.
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Roger replied 4 years ago.
It would be considered fraud if the person sold something that he did not own. You can seek restitution - a return of your money - due to the fraud committed against you.
Customer: replied 4 years ago.
Is it criminal fraud? In other words, should I take this matter to the police? As for restitution, do you mean personally sueing him? That unfortunately does not guarantee restitution even if I win if it is civil.
Expert:  Roger replied 4 years ago.

It can be criminal and civil fraud. If it doesn't involve guns or drugs, the police lose interest in going after the person; also, there is no repayment of the property - only restitution.

 

My gues

Customer: replied 4 years ago.
I appreciate your help. Would the DMV be the next logical place to find out what steps to begin with. I just need a direction to go.
Expert:  Roger replied 4 years ago.
If the title to the vehicle is not in his name, my suggestion is to contact the District Attorneys office about bringing criminal charges. If they seem less than interested in helping, you should go to the small claims court and file suit against the seller for breach of contract.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26098
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 7 other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you!:)
Expert:  Roger replied 4 years ago.
No problem and good luck!

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