lemon law

alishamarie30

New Member
Jurisdiction
Texas
Hello

On March 3 2017 I bought a certified used Nissan sentra sv from Mike Smith dealership located Address: 1515 I-10 South, Beaumont, TX 77701. The salesman "Dr Phil" told my mother and I the said car I purchased back in mach 3 2017 he claimed that car had no previous owners. He claimed there was nothing wrong with the car. He claimed that said car was used as a dealership courtesy vehicle. He claimed the car had everything replaced on it like it was brand new (anything that needed to be replaced) it wasn't until after we bought the car we found out one tire was in red. So the dealership by law was obligated to replace that 1 tire. The other 3 tires were in yellow. I needed a new battery. Brakes worked on, filter, transmission service, engine service. It started with small stuff. After hurricane Harvey. My gear shift went out. I wasn't having problems shifting before the hurricane,. It wasn't until after the hurricane my shifting gear was sticking. It came to a poi t to where I could no longer have it shift. The service dept never said anything about my gear shift being faulty before the hurricane. But amber suarez fought tooth and nail with allstate adjuster Geoffrey childress about them covering my gear shift through my insurance. She claimed my gear shift wasn't impacted by the hurricane. If my gear shift wasn't impacted by the hurricane why wasn't I having issues before the hurricane? Why didn't the service dept bring that to my attention?


I think mike smith knew what troubles that car had. Nobody wanted to buy it. They added the certified used warranty to glamour the sale. HAD I KNOWN THAT CAR CAR HAD ALL THESE ISSUES I WOULDN'T HAVE BOUGHT IT. Mike smith nor the salesman dr phil was honest about the sale. Which I feel I should be able to get BACK MY $7,000 deposit. I of course will pay the difference in my notes for the length of time I paid notes on that car. Mike smith would've still got my business. But I wouldn't have bought THAT car. Had I known.why lie? Why lie about a car even after KNOWING I was going to buy a car with $7,000 down? I traded the 2015 nissan sentra on martin luther king jr day 2018. I need that $7,000 back to put on that new car I bought for my notes.


If you go anywhere else and a salesman lie or anybody lie about a product knowing it wasn't the truth or faulty shouldn't the sale be null and void? How is my situation any different from clothing store, buying food? If something is faulty you return it. That car was faulty. They knew it. I want my down payment returned to what I feel is lemon law.

If the salesman told the truth about the car being a courtesy car for mike smith dealership as the car had those issues that means the dealership didn't take care of that car. Had the salesman told me the truth told me about the issues that car had. I would've exercised my option in either choosing a used or new. I wanted my notes to be low. I knew if I bought a new car with my credit and my interest rate my notes would be high like they are now in my new car. Fortunately my mother co signed so now my interest rate is significantly lower in my new car than in the Nissan. I only signed the papers for that Nissan I was the sole owner of that car. The new car I bought on mlk 2018 I had to have a co signer. That salesman praised the car was in excellent shape. I bought that Nissan sentra with over 35k miles on it. After I referenced what that salesman said the salesman turned around and lied again and said he didn't say that. So now im in a bind. I lost 7k. had that salesman showed me the truth about that used Nissan sentra. We all would've been happy in a sale by me buying a NEW HONDA ACCORD with MY $7k down payment.


I contacted Nissan corporate they said they wont buy back or pay me for that Nissan but they would honor my warranty. What warranty? That extended warranty was useless because I had to keep coming out of pocket.
 
Sorry to say, but you aren't owed anything and this is not a case where lemon law applies.

Most of the things you are complaining about are normal maintenance items, not defects.

Whatever the issue was with the gearshift should have been covered under warranty if it had not expired.

There was never any chance of getting your deposit back. Once you traded in the vehicle you were essentially compensated for the value of that vehicle, which included the $7000 down payment. You aren't going to get anything more and will be wasting your time trying.

It doesn't matter much what the salesman might have told you. What matters more is what is in writing on the sales contract. In the future, before buying a used car have it inspected by your own mechanic first and use information from that inspection to guide your decision to buy and negotiate a price.
 
I agree totally with mightymoose. Lemon law does not apply. When making a major purchase of a used item, always do your own due diligence. Buying a car is nothing like buying clothing or food.
 
So now im in a bind. I lost 7k. had that salesman showed me the truth about that used Nissan sentra. We all would've been happy in a sale by me buying a NEW HONDA ACCORD with MY $7k down payment.

You were told the truth, even though you refuse to acknowledge it, or fail to see it.

You claim the car had in excess of 30,000 miles when you bought it.

That alone should put you on notice that the vehicle had been used in some way by someone.

You go on to relate that you were told the vehicle had been used by the dealer as a demonstrator vehicle, again, an indicator of use.

The fact that the item could be sold as new because it wasn't titled, is meaningless, if the odometer reads 30,000 miles.

I feel for you, but I can't reach you, because you wish to discard notice by relying on sales talk or puffing to make a sale.

Even if the car had been factory new without any mileage, the hurricane that came your way over the summer would have made mischief on most cars anyway.

Sorry, but your best remedy might be found by working with your insurer, otherwise its far too late to blame anyone but yourself.
 
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