Legal Question in Consumer Law in Texas

Car Title

In 2005, My wife bought a car off a small car lot. Basically they were selling a bad car. We paid them $2500 down and had a in house vank work out payments. After a month of hassling with this dealer about problems..Car wouldn't stay running, etc.. The bank voided the deal and sent back all paperwork to the dealer. We were going to get a different vehicle or just get our money back, but they wouldn't do anything. We have now had the car for 2 years although we have had to fix a lot of things; and after a drunk driver ran into it a few weeks ago and totalled it.. WE can't get the title for it. When we contact the bank they say, the dealer has the title. When we contact the dealer.. They only said that we still owed them for the car yet ; we have had it for more than 2 years and they have never claimed ti repo it or say it was stolen. We need the title to close the insurance claim through the other driver but now don't know how hard that this may be. Texas has a statue of limitations of 2 years so I feel legally that the car is ours being posession in texas is 2/3 law and being they didn't come get this car.. We are entitled to the title. How do we get this? Can we sue the small dealer for holding a title that has my wifes name on i


Asked on 8/15/07, 11:14 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Car Title

I always thought possession was 9/10 of the law. Anyway, that is no more true than what you said. If you didn't pay for it, you don't own it, so you can't get the title.

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Answered on 8/16/07, 3:40 am
TC Langford Langford Law Office

Re: Car Title

I agree with James Grissom, however, since your question was complicated and a little confusing, wanted to add that if you DID pay for the car, and the dealer would not release the title, you can go to DPS and apply for a bonded title. It costs more, and you have to establish your claim that you are entitled to it (under oath), but it is an option (only if you paid for the car).

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Answered on 8/17/07, 4:40 pm


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