Legal Question in Personal Injury in Texas

What are my rights in regard to buying land on the internet?

I need to know if anything can be done about my situation. I won an online auction for 40 acres of land and a house. The seller contacted me and we exchanged information. Before I sent the check, my husband and I decided to go look at the land. We drove 9 hours to look for a house that didn't exist. When we arrived and couldn't find the house, I called the seller and he gave me more directions-and exit that didn't even exist! We came home and the next day, Monday, I called the County Appraisal office to make sure the data was correct. It turns out, he didn't even own the land and the land had no house on it! I submitted a claim with the auction service. My husband and I incurred about $150 out of pocket expenses driving for 18 hours and staying in a hotel. Can anything be done? What laws, if any, did he break? On the auction sight, it states that by placing an item for sale and bidding on an item, you are entering into a legal contract. I am not interested in the money but I am interested in preventing this guy from scamming someone else. Thank god I didn't the check! (But someone else may not know better....) Any help would be appreciated. Thanks.


Asked on 9/22/03, 5:19 pm

1 Answer from Attorneys
Erin Corley Fibich, Hampton, Leebron & Garth, L.L.P.

Re: What are my rights in regard to buying land on the internet?

My thought would be that this is a Deceptive Trade Practices case. Fraud is also another possibility. Given that you didn't really lose the money you were supposed to pay for the land (had you not checked it out), there doesn't seem to be too much damages. Nevertheless, you should be entitled to your out-of-pocket, possible treble damages, and attorney's fees.

There could also be other possible claims based on usage of the Internet. Talk with an attorney to discuss full range of claims and possible criminal charges.

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Answered on 9/22/03, 5:40 pm


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