Legal Question in Real Estate Law in Texas

my niece sold me a car-it actually belonged to her mother in law. i gave my niece $2500. for the car. now i can not get the title because my niece spent the money and did not give her mother in law the money. is this not a criminal activity on her part and is there some way i can file charges on her or is there another way that i can keep this car i payed for. i have a signed agreement from her along with receipts. i would love for her to go to jail!


Asked on 6/02/10, 7:59 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If YOU knew that she was selling a car that she didn't have the title to, then it isn't fraud from THAT standpoint.

To the extent that she took money and didn't deliver what she promised, that is certainly breach of contract. The police probably wouldn't help you with any kind of fraud charges.

Sue her in small claims court. Here's a link to some folks you might want to call for more information:

http://www.co.wharton.tx.us/ips/cms/countyoffices/justiceOfThePeace.html

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Answered on 6/02/10, 11:46 am


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