Legal Question in Real Estate Law in Texas

I purchased a vehicle from another person, not a dealer. I made payments on this vehicle over a 2 year span. When I thought I was done paying, I approached the seller, and he agreed. He signed the paper to transfer the title, but had not given me the physical title itself, yet. About a week later, he changed his story and said that I needed to pay 600 more dollars. After much trouble with him and my refusal to pay said money, I applied and received a bonded title for the vehicle, as well as new plates and registration. Since then, he reported the truck stolen, but I have not been pulled over or anything ( I think this is because I have the new plates). However, he recently found out that I have the new title and has said that he wants to take me to court. By the way, I'm 100 percent positive that he is not a legal citizen who doesn't have a SS card, and the title to the truck is actually in his fathers name, who is in Mexico. Furthermore, the only records of payments that he kept was month to month payments, with the amounts. No check numbers, not even exact days of receipt of payment, just the months. Do I have anything to worry about, or should I go talk to anyone, I.E. TXDPS? Please help, thanks.


Asked on 1/19/10, 4:34 pm

1 Answer from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

This question should be answered by the terms of your original sales contract for the vehicle (if the contract is in writing).

You should start with the agreed sales price and subtract each payment with a date noting when each payment was made, if the amount remaining is $0, then approach the seller with this information to try to explain your position. You could remind the buyer that filing a false report with the police is a criminal offense. (It is unethical and probably illegal to threaten the seller to turn him for his illegal status in the country in exchange his participation in dropping the charges.)

You should also protect the document that he signed to transfer title (this is great evidence that you didn't steal the truck).

If you think he reported that you stole the truck it would be a good idea to consult with a criminal defense attorney who will agree to contact the law enforcement agency to whom the vehicle was reported stolen and try to clear-up the situation.

Good Luck!

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Answered on 1/24/10, 4:55 pm


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