Legal Question in Civil Litigation in Texas

Purchased Car, previous owner did not register in his name.

I have just purchased a vehicle but the previous owner failed to register the car in his name. I attempted to register the car but could not due to the fact that the title was not actually in his name. The previous owner of the vehicle is deceased, and the previous owner does not want to pay to have it transferred since i bought it. I do have the title transfer TAX form that we both signed as a mutual agreement/bill of sale. Is this sufficient?

My concern is A: how can i obtain a title? b: Is he able to take the car from me, or report it stolen?

Is there anything i can do about this.


Asked on 10/20/05, 8:29 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Purchased Car, previous owner did not register in his name.

The seller is supposed to give clear title. Unfortunately, there isn't much you can do with an individual. The estate of the deceased owner will have to be probated, if it hasn't been done already, in order to (hopefully) give clear title to the seller. He can then give you clear title.

The problem comes if the seller can't get clear title. The seller can't sell you more than he has, so if he didn't own the vehicle, you don't own the vehicle. Then you'll have to try and get your money back from the seller. Or file criminal charges.

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Answered on 10/21/05, 9:48 am


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