Belt Auction

Potential real estate fraud. What should I do?

I have a problem I found what I thought was a reliable landlord for a house in my area. I was interested in renting a place of his he had available. I contacted him and he said that that house was still available and he had another place available nearby that was vacant but needed work he showed me one of his places and it looked ok but it was small for my needs but I told him its still an option. I gave him a 500.00 cash deposit for either that house or for the other bigger house he had on the other side of the block. He gave me a reciept of that deposit was very detailed it was for either house. He told me that within a week they would be able to finish the other bigger house that was available and he drove me by it to see the outside of the house and the location. It looked pretty good. I told him I can move in the middle of December. I gave him the deposit the 30th of October. I called him the next week and asked if they were workinging on the bigger house and for whatever reason he said they didnt start it and to call back in a week. I called back and he had another excuse why I couldnt see the house again. I had someone look up the house up on google by the address and it said that he owed taxes on the house of 185.00 plus interest, the taxes we not payed at all. I didnt know what to think. Two weeks after I gave him the deposit he called me and asked when Iwas able to move and I told him whenever you guys have it fixed up and available for me to see I will move either the rfirst of December or the 15th, he replied that the other house I looked at that was smaller and not what I wanted was available and finished for me to move into and said I didnt want that house. I kept calling and calling leaving messages and everything and he is not calling me back at all and its been over a month later. I seen in the paper a week ago that one of his other places is on tax sale on auction because he had not payed for the taxes on another building also. I did a check and every piece of property he owned in the city was deliquent on taxes, and I know that this guy stiffed me for the 500.00 deposit I gave him. I called and left a message saying if I dont either get my money back or move in by the 15th Im taking you to the local magistrate and still no call. It seems to me he gotten in over his head with the economy and used my money to put in his pocket!!! I talked to the police about it and they said that he did nothig wrong and to wait until after the 15th to take him to court. Is this a case of true real estate fraud that I can file a criminal case to have him put in jail? Or is this a legal issue that I can just resolve in court? Or should I do both? I still have a recipt signed by him showing the payment deposit on the two houses to move to.

Public Comments

1. To have him arrested, you will have to prove he intended to steal your money when he took it. I don't think you can prove his intent. That leaves civil suit to remedy the situation. You need to file in small claims court while he still has assets to seize and sell to get your money back. Taxes in the US are allowed to fall 4 - 5 years behind (depending on individual state laws). Lots of property owners owe taxes and pay them only when the taxing authority start procedures to seize the property. So don't be concerned about the tax situation.
2. As the police have told you...this is not a criminal matter...nor is it considered real estate fraud. If you don't have a place by the 15th...take him to civil (small claims) court to recover your deposit.
3. REPLY THIS IS A CIVIL MATTER , ALSO I READ YOUR STATEMENT MAYBE I MISS UNDERSTOOD BUT FROM WHAT I GATHER YOU TOLD HIM YOU WOULD TAKE EITHER HOUSE , MAYBE YOU SHOULD TALK TO AN ATTORNEY TO GET YOUR $500 DEPOSIOT BACK .