Legal Question in Business Law in Texas

This is in Texas FYI.

My brother wanted to trade his 1989 pick up straight across for some car (cant remember details). My brother handed him his title and keys, They handed him the keys and no title, told him they would give it to him later, after they "check" his title to see if its any good. So my brother drives his car home with no title or bill of sale. They refused to give him a title. A week later they come to his house with the police saying he stole their car, and took it. Now he has neither.

If we take them to a small claims court, will our claim hold up with no Bill of Sale, surely the Judge can use "Common Sense" and be able to tell my brother got the bad end of the stick, and clearly didn't give him his truck. Do we have to have a lawyer? The truck is worth $1500, so an expensive lawyer isnt worth it.


Asked on 10/28/10, 9:11 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any business or franchise attorney will say you are pursuing about the best avenue possible. Small claims court is a cost-effective way to sort out disputes. It may be a judge or, more likely, an attorney (acting as a judge) who decides the case. From what you've said, you have good facts on your side. Use them and best of luck. If things don't work out and you want to pursue the matter, consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/03/10, 7:29 am


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