What can I do if we purchased a vehicle without clear title?
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What can I do if we purchased a vehicle without clear title?
I bought a truck from a lady on-line 3 weeks ago. She signed the back of the title; we do not have a bill of sale. We went to get the title put in our name and her name is not on the front of the title. The tax people said this is not a clean title because she did not put the title in her name. The title is still in her ex-husband’s name. He will not help us and she will not give us our money back. What can we do?
Asked on March 13, 2011 under General Practice, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, as a basic rule: someone can't sell something they don't own. If the title is in her ex-husband's name, then technically, the vehicle is owned by him, not her, and so she cannot convey title.
Second, she has to then give the money back. You made an agreement with her in essence; in exchange for $XXX, she would sell you a vehicle, which means giving you title to it. It is impossible for her to do that; when a contract is impossible, it is void and the two parties get back the consideration, if any, they paid. So since she can't give you the car, she has to give you the money.
Unfortunately, to get that money back, you may need to sue her...there is no one who will enforce your rights for you but you, so you need to decide if, economically, it is worthwhile to do this.
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