Fraud, Embezzlement, Bad Checks Larceny also?

[Mathias Conleigh]

Jurisdiction

Maine

My son and his girlfriend recently bought a mobile home from an acquaintance of theirs. They sort of jumped into things and bought the mobile home with cash and were given a sales receipt. No purchase agreement was signed.

As it turns out, the acquaintance did not own the mobile home after all. It was owned by one of her parents and now they are trying to evict my son. I'm pretty sure that this person is guilty of fraud but, are they also guilty of larceny since money was accepted? Any help is appreciated.

 

[flyingron]

Mobile homes are vehicles not real estate. While there may have been crimes committed here, that doesn't do your son any good. What he needs to do is a civil case against the person who sold him something he didn't owe. Unfortunately, the chances of recovery aren't great. If it was less than $6000, he can try small claims.

 

[Disabled Vet]

Was the sales receipt signed by the seller? Unless the owners of the property report it stolen it's not illegal. They would have to go after the seller of the property not your son. Your son will have to prove the purchase was legal. Which it sounds like that isn't going to work either. So, he will have to sue the acquaintance for the funds paid. It would be best to get him ready to move quickly to avoid any charges for staying there without the owner's permission.

 

[adjusterjack]

My son and his girlfriend recently bought a mobile home from an acquaintance of theirs. They sort of jumped into things and bought the mobile home with cash and were given a sales receipt. No purchase agreement was signed.

How much did they pay for it?

they are trying to evict my son.

What does that mean?

Was he served court papers?
Just given written notice to leave?
Just told to leave?
Something else?

A possible defense to eviction is that the son was acting on behalf of his parents.

They are going to need a lawyer.

 

[Zigner]

The OP says "evict", I say "remove squatters".

 

[zddoodah]

I'm pretty sure that this person is guilty of fraud but, are they also guilty of larceny since money was accepted?

The person isn't "guilty of" anything until a judge or jury says so.

Your son and his girlfriend should, of course, report the matter to the police, but the specific criminal charges that might be pursued don't really matter to them.

That said, what basis in fact did your son and his girlfriend have for believing that the seller actually owned the mobile home? I'm assuming no certificate of title was ever delivered. Correct? Did they just give this person money based on his representation that the mobile home belonged to him? If so, why would they do that?

A possible defense to eviction is that the son was acting on behalf of his parents.

Possible? Sure. However, without and signed and notarized power of attorney and delivery of a properly executed certificate of title, there's no way any reasonable person would believe the son was acting as an agent of his parents -- especially when the representation was that the son owned and was selling the mobile home.

 

[Zigner]

The person isn't "guilty of" anything until a judge or jury says so.

No, that is not correct. One can be guilty of a crime without such guilt having been adjudicated. They cannot be PUNISHED through the legal/court system without guilt having been adjudicated, but that's a different question.

For example, I saw a neighbor fire his gun at a 4th of July celebration a number of years back. He is guilty of violating the law against discharging a firearm within city limits, but he was never caught or tried for it, so he can't be punished for it at this point.

 

[flyingron]

No, that is not correct. One can be guilty of a crime without such guilt having been adjudicated.