What are my options if I bought a car from a friend that had no title?

My friend had bought it from another party who lost the original title. I was not informed of the missing title. After I got the new car my friend took paperwork to the DMV to get it registered in her name, so should could apply for duplicate title and then transfer it to me. She has yet to do so. I have not received any paperwork and it has been 4 months since I bought the car. Can I take any action against her?

Asked on July 8, 2014 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should have grounds for legal action. You could potentially rescind (undo) the transaction, on the basis of fraud (if she knew she did not have title, but lied to you about it) and/or impossibility (if it's impossible for her to transfer title to you, since she does not have it) or seek monetary commpensation (e.g. an amout of money equal to what you paid) for her breach of contract (not honoring her end of the agreement, by not providing you the title you paid for). If she will not voluntarily rescind the transaction (take the car back; give you your money), you would have to file a lawsuit against her to get a court order or judgment in your favor.


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