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Sold car that doesn't pass inspection

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by Ashlee Richards, Oct 5, 2020.

  1. Ashlee Richards

    Ashlee Richards Law Topic Starter New Member

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    Jurisdiction:
    Texas
    In July I purchased a vehicle from a used car dealership and he had inspected and everything for me. A few days later i noticed some issues with my car so i had it looked at and my mechanic said there was no way it passed inspection.
    I looked on the DPS website and got the inspection report and on that report it claims to have a testeda car same yr make model as mine but the one on the report is a V6 automatic transmission and my vehicle that he sold me is 4 cylinder manuel transmission..
    So it's obvious there is deception going on, right?
     
  2. mightymoose

    mightymoose Moderator

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    Have you brought this issue to the dealer?
     
  3. zddoodah

    zddoodah Well-Known Member

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    Huh?

    No. Among other things, it's entirely possible that one or more people (including you) made mistakes.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Wouldn't surprise me. Car dealers are often dishonest.

    In your case, however, I suggest starting by confronting the dealer with your evidence and see how that goes.

    If you get stonewalled, file a complaint with the Texas DMV:

    TxDMV.GOV - Contact

    If that doesn't work, you are probably going to have to sue the dealer for the cost of complying with the inspection requirements.
     
  5. army judge

    army judge Super Moderator

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    The Texas Deceptive Trade Practices Act (DTPA) protects Texans against false, deceptive and misleading business practices. The Act, enacted in 1973, defends consumers against false or misleading business practices that would otherwise harm or defraud them. The DTPA provides consumers victimized by bad actors the legal means to get justice and compensation.

    If you suspect you have been lied to about your used car, it is best to:
    1) Review your purchase contact: Read the contract carefully.
    2) Contact the dealer: The used car dealer may not have intentionally lied.
    3) Get Legal Advice: Seek the opinion of a licensed legal professional (as in attorney) ASAP.
    4) In many cases, your attorney can recover legal fees from the dealer who harmed you, assuming your case has merit.

    Texas consumers can use both the Federal Odometer Act and the Texas Deceptive Trade Practices Act to sue dealers in cases of odometer fraud. Other forms of auto fraud include spot delivery scams, incorrect credit scoring, and failing to disclose a new vehicle's damage history.

    The government and private citizens can both use the DTPA’s groundwork. The Texas Attorney General Liberty and Justice for Texas | Office of the Attorney General can seek court orders prohibiting businesses from further deceptive practices, while private citizens can seek redress for damages caused by specific acts listed in the DTPA. Those acts include:

    Taking advantage of a consumer’s lack of knowledge, ability, experience or capacity;

    Passing off goods or services as another’s;

    Advertising goods or services with the intent not to sell them as advertised;

    Representing goods as original or new if they are actually used or otherwise depreciated;

    Knowingly making false or misleading statements of fact concerns the need for parts, replacement or service;
    and many other false, misleading, deceptive or unconscionable acts.

    The DTPA is very broad, protecting consumers from “false, misleading or deceptive acts or practices in the conduct of any trade or commerce.” The Act defines trade and commerce as “the advertising, offering for sale, lease, or distribution of any good or service, or any property, tangible or intangible, real, personal, or mixed, any other article, commodity, or thing of value wherever situated, and shall include any trade or commerce directly or indirectly affecting” Texans.

    Texas consumers can also sue under the DTPA for breaches of expressed or implied warranty, an unconscionable action or certain violations of the Texas Insurance Code https://www.tdi.texas.gov/commissioner/code.html .

    Consumers can recover economic damages after prevailing in a DTPA case. A jury may award up to three times the economic damages if they find the business committed the violation knowingly, in addition to mental anguish damages. The Act specifically states prevailing consumers “shall be awarded court costs and reasonable and necessary attorney fees.”

    The Act requires a consumer to file their lawsuit “within two years after the date on which the false, misleading, or deceptive act or practice occurred.” If the deceptive act took place over a period of time, consumers should begin their suit from the action’s first date. Given that some deceptions by their nature can be concealed or difficult to detect, the DTPA allows consumers victimized by those acts to have two years after they “discover, or in the exercise of reasonable diligence should have discovered” the deceptive act or practice.

    Texas Auto Dealer Fraud Laws - FindLaw
     
  6. Ashlee Richards

    Ashlee Richards Law Topic Starter New Member

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    Yes. I asked him for a copy of the inspection and said they didn’t keep it on file and refused to tell me where he got it inspected .. and once I found out and got the report I tried contacting him 2 more times with no response back...

    And when I asked for the inspection report he asked me why I needed it cause he already got the car registered
     
  7. adjusterjack

    adjusterjack Super Moderator

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    File a complaint with the appropriate state agency.
     

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