San Antonio, TX asked in Civil Litigation and Civil Rights for Texas

Q: I purchased a 2007 truck from a relative in 2021 for 9000 dollars. It is now 2024 and he claims that I owe him $2000.

He said the truck was worth 11000, but at the time of purchase he agreed to the sale price of $9000. He cashed the check for this amount.

2 Lawyer Answers

A: Texas has a four-year statute of limitations on a suit for collection of a debt, so it is likely too late for him to even pursue such a claim at this time.

I note that the purchase of a motor vehicle is a relatively simply transaction that most people can handle without an attorney. You agree on a price. The Buyer gives the money to the Seller. The Seller signs the certificate of title and gives it along with the vehicle to the Buyer. The Buyer takes the certificate to the county office to change the registration of the motor vehicle into the Buyer's name. Pretty much everyone understands the process and can accomplish it without legal assistance. But, from time to time, I still encounter a few people who manage to screw it up.

Assuming you are not one of those people, you should easily be able to defend the relative's claim that you owe an additional $2,000 based upon the statute of limitations.

James L. Arrasmith
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Answered

A: When you purchased the truck in 2021, the agreement was for $9,000, and your relative accepted this by cashing the check. Once both parties agree on a price and the transaction is completed, that amount becomes the final sale price.

The value of the truck at the time is irrelevant if an agreement was made and followed through. Your relative has no grounds to claim additional money after the fact, especially if there was no prior agreement or written contract indicating a deferred payment.

It’s important to stand by the original agreement. You fulfilled your end of the deal when you paid the agreed-upon price. If your relative continues to press the issue, you might consider seeking advice to protect yourself from any unjust claims.

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