Lemon Laws in Texas

[SensualLadyD]

If anyone knows an attorney in the DFW area that handles Lemon Car laws in Texas please send me a pm. Looking to hire someone that does these kind of cases. and not sure if anyone if the area does this kind.
Thanks
D

[icansmile]

Good luck. There is no money in pursuing even a valid case. Texas law only applies to New Vehicles, and about the best you can achieve is to only owe a few thousand towards another new car from the same manufacturer. And THAT is if you haven't put any miles on the "lemon".

[SaytownFinest]

^^^ Additionally, the courts have continued to hold that the "AS-IS NO WARRANTY" language that is on damn-near every single used car on damn-near every single lot is the magic liability-erasing phrase that shifts the assumed risk of the transaction squarely on the shoulders of the buyer. Get a mechanic to check out a car before buying it...and see if you can work with the car lot after the fact. Often, a well-written letter will open doors that a lawyer can't pry open. Good customer service--even after terrible customer service--matters in today's Youtube and Facebook, socially connected world. Good luck!

[SensualLadyD]

Thanks for the comments, sometimes being a single lady has it sgood and its bad, dont have anyone else to fight those battles with you so that is why i appreciate the knowledge of the guys on here. Never can learn enough

[SensualLadyD]

So much for Car Fax, it said it have never been wrecked but it has and been told that by several shops. That is where all the problems are coming from.

[skirtchaser79411]

where did you buy the car if you can pm me the dealer i can lead you in the right direction

[gee_a_cee]

PM ShysterJon and tell him the story. He can at least point you in the right direction, if there is one.

[acp5762]

Originally Posted by SensualLadyD

So much for Car Fax, it said it have never been wrecked but it has and been told that by several shops. That is where all the problems are coming from.

Maybe a Police Report was never filed, thats why Car Fax noted it had never been wrecked. Possibly a single car accident and the driver/owner handled all body repairs without any insurance claim ect.

[Guest120113]

Originally Posted by gee_a_cee

PM ShysterJon and tell him the story. He can at least point you in the right direction, if there is one.

Or google it first...pretty cut and dry..." ONCE I SIGN, IT'S ALL MINE."

If you have an actual bank leinholder, you may be able to discuss the issues directly with them. If the car was sold in Tx without the proper salvage title the finance company may have cause for concern. Doubtful... but maybe.

[SensualLadyD]

Thanks for everyones comments, i thought if i could get an attorney maybe the attention from someone else than just myself would make them more "willing " to talk. It was bought from an Arkansas car aution and the registration office said every state has different laws, that they might not have to report it if it was a salvaged title . Of course the car dealer said they do not buy salvage cars but nothing they have said has been true yet. If they would give me my down payment back i would bite the other loss of the other expense i have put in it, but of course it seems that once we buy things we are stuck with them. If i take it back to them and say here i am not paying for a car with all this problems i would lose, they turn it in on your credit. The car is only a 2011 and should not be having all this problem, BUT i guess i loose....Life can be a Bitch sometimes,,,,, You can not win.

[ShysterJon]

I can't think of a product purchase that should warrant more investigation than buying a used car. In Texas, the used car dealers are a powerful lobby and, as a result, the laws protecting buyers are weaker than my Aunt Lydia's chamomile tea. As noted by incansmile, the Texas Lemon Law only applies to purchases of new vehicles. In other words, the Texas Lemon Law affords no remedy for used car buyers.

Let’s make the following assumptions about SensualLadyD’s purchase of a used car:

1. She bought it from a dealer as opposed to a private seller.
2. The car she bought had some signifcant damage from being in a wreck, such as a bent frame.
3. The damage wasn’t latent – that is, it wasn’t hidden to a degree that a reasonable inspection couldn’t have uncovered it.
4. The CarFax she read didn't list any collision because CarFax, Inc. had no information about a collision.
5. The vehicle had a Buyer's Guide on the window like this:

FTC Buyers Guide 1.jpg

...with the "AS IS - NO WARRANTY" box checked.

(All used car dealers are required by federal law to tell buyers whether a used car is being sold with or without a warranty. Dealers must clearly display this information on a side window of each used car. The buyer's guide, or window form, should state either: (1) "AS IS" -- the vehicle does not have a warranty and the seller is under no obligation for repairs; or (2) "WARRANTY" -- the vehicle has a warranty, and the window form must list exactly what parts and services are covered and for how long.)

6. The seller made no statement to SensualLadyD denying that the vehicle had been damaged in a wreck.
7. The seller knew the vehicle had been in a wreck.

In my opinion, all of the foregoing assumptions seem reasonable.

Under these assumptions, does the law afford SensualLadyD a remedy? I think not. The law doth say, ”Caveat Emptor!,” which is Latin for “Watch the fuck out, buyer!” When you go to a used car lot (a place that makes the halls of Congress look like a convent in terms of dishonesty), you should write "caveat emptor" on the palms of both hands to remind yourself. If you go to a car auction, you should EXPECT to get it up the ass.

The principle of caveat emptor was further expressed in the notice posted on the vehicle. The only exceptions to the rule of caveat emptor are when the seller actively concealed a latent defect or made material misrepresentations amounting to fraud. Neither was the case here.

As suggested by SaytownFinest, a prudent buyer buying a used car should take the vehicle to be inspected by a qualified mechanic. Any reputable seller will allow a prospective buyer to take a vehicle to a mechanic to be inspected. Had SensualLadyD taken the vehicle to a mechanic, the mechanic would have discovered the collision damage.

Finally, no offense to anyone here, but invoking one’s gender as an excuse for lack of prudent conduct doesn’t wash with me. It’s 2013, not 1913.

[SensualLadyD]

Thanks Shyster, YES i got fucked and this time and I DID NOT ENJOY IT> Some mistakes in life we just have to deal with and if i could go back and do it again it sure would have been different. I once was told by another car salesman that if his mouth was moving he was lying, i can say yes that is true this time.....but i am the one stuck with paying for it and they made another sell. yes sign of the times, cant believe anything we are told now a days which is a shame to me, you use to could believe what people told you but i have to learn that is not true anymore...... oh well life goes on and another fucking that was NOT enjoyable.

[SweetCougar]

one word------
K A R M A

Originally Posted by ShysterJon

I can't think of a product purchase that should warrant more investigation than buying a used car. In Texas, the used car dealers are a powerful lobby and, as a result, the laws protecting buyers are weaker than my Aunt Lydia's chamomile tea. As noted by incansmile, the Texas Lemon Law only applies to purchases of new vehicles. In other words, the Texas Lemon Law affords no remedy for used car buyers.

Let’s make the following assumptions about SensualLadyD’s purchase of a used car:

1. She bought it from a dealer as opposed to a private seller.
2. The car she bought had some signifcant damage from being in a wreck, such as a bent frame.
3. The damage wasn’t latent – that is, it wasn’t hidden to a degree that a reasonable inspection couldn’t have uncovered it.
4. The CarFax she read didn't list any collision because CarFax, Inc. had no information about a collision.
5. The vehicle had a Buyer's Guide on the window like this:

Attachment 199948

...with the "AS IS - NO WARRANTY" box checked.

(All used car dealers are required by federal law to tell buyers whether a used car is being sold with or without a warranty. Dealers must clearly display this information on a side window of each used car. The buyer's guide, or window form, should state either: (1) "AS IS" -- the vehicle does not have a warranty and the seller is under no obligation for repairs; or (2) "WARRANTY" -- the vehicle has a warranty, and the window form must list exactly what parts and services are covered and for how long.)

6. The seller made no statement to SensualLadyD denying that the vehicle had been damaged in a wreck.
7. The seller knew the vehicle had been in a wreck.

In my opinion, all of the foregoing assumptions seem reasonable.

Under these assumptions, does the law afford SensualLadyD a remedy? I think not. The law doth say, ”Caveat Emptor!,” which is Latin for “Watch the fuck out, buyer!” When you go to a used car lot (a place that makes the halls of Congress look like a convent in terms of dishonesty), you should write "caveat emptor" on the palms of both hands to remind yourself. If you go to a car auction, you should EXPECT to get it up the ass.

The principle of caveat emptor was further expressed in the notice posted on the vehicle. The only exceptions to the rule of caveat emptor are when the seller actively concealed a latent defect or made material misrepresentations amounting to fraud. Neither was the case here.

As suggested by SaytownFinest, a prudent buyer buying a used car should take the vehicle to be inspected by a qualified mechanic. Any reputable seller will allow a prospective buyer to take a vehicle to a mechanic to be inspected. Had SensualLadyD taken the vehicle to a mechanic, the mechanic would have discovered the collision damage.

Finally, no offense to anyone here, but invoking one’s gender as an excuse for lack of prudent conduct doesn’t wash with me. It’s 2013, not 1913.

[SensualLadyD]

GOOD news, they found the problem and got it fixed, so every one is Happy Happy Happy