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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118111
Experience:  Attorney experienced in commercial litigation.
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I purchased a vehicle from this guy, not knowing he signed

Customer Question

Hello, I purchased a vehicle from this guy, not knowing he signed in the front of the title. So when I went into court to change it to my name, they told me that he signed in the wrong place and that he also needed to sign an affidavit explaining his error. At first I couldn't get in contact with him, then he eventually responded, with an unnecessary attitude, saying that he works and he doesn't have time to answer and this and that. So he finally set up a time for us to meet, but he never showed up. I went up to his house and I got that he had left someplace. I know he is doing this on purpose and I don't know if he is still willing to sign, but what can I do? Can I still change the title to my name without needing him?
JA: What state is this in? And how old is the car?
Customer: Texas, 2004
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No, not that I can think of.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he refuses to fix the title or apply for a duplicate, he is in breach of the implied warranty of merchantability and as such you can sue him for that breach in court and force him to come to court and pay you all the costs you have incurred trying to register the car with his mistake. Also, as part of your suit, you would ask the court to quiet title, meaning if he does not show in court, the court can issue a default judgment in your favor ordering DMV to issue a new title in your name.
Customer: replied 1 year ago.
Ok, another thing is that he lives in Houston and I live about an hour away from the city in another town. Would I just go to my town's court or do I have to do it in Houston?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You would have to file in the Houston court, which is where he lives.