Is it illegal to collect money from someone for a home that you do not hold the title to?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it illegal to collect money from someone for a home that you do not hold the title to?
Under the assumption we were purchasing a home over the last 10 years my family has been paying a lady and her husband for a home. The lady selling the home drew up her own “contract” about 6 months into us paying which stated the bare minimum,such as after paying a particular amount we would be done in ten years. Now, 10 years to the date that we started paying, the amount asked for has been fulfilled and now she wants us to continue paying for another 6 months. We found out she did not hold the title to the home until a year ago.
Asked on August 28, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, it is illegal to "sell" something which one does not own. If she did not own the home when she started to "sell" it to you, the contract was void and you could recover your money from her. She also would have committed fraud, by misrepresenting (lying about) a material (important or critical) fact to get you to enter into the transaction--and fraud also provides grounds to recover monetary compensation You should consult with an attorney about the situation--from what you write, you likely have a substantial legal claim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.