I went with my son yesterday to buy a 2006 dodge diesel 4x4 truck.. He paid 21600.00 for it ( 2000.00 down financed 19600.00 at C.U. ) we bought it from a used car lot in houston. We live in Orange tx. about 120 miles away.. about 50 miles away on the way home the motor started to smoke .. not black smoke ( normal ) but blue smoke ( worn motor ) The motor was not smokeing when we left.. Can we bring this truck back?? My son is 18 yrs old and this is his 1st car to buy on his on and I feel so bad for him.. I sure hope we can do something I have not contacted the seller yet..Thanks
Country relating to Question: United States
State (if USA): Texas
Nothing this happend last night.. We drove off at 510pm when they were closing the doors at the car lot.
I am sorry to hear this has happened and it is going to be a difficult case here. Under Texas law, there is no protection on a used car sale without a written warranty. However, there is some protection under the Texas Deceptive Trade Practices - Consumer Protection Act if your son can show that the seller concealed the engine problem so it would not smoke when he tested it, which is what it sounds like happened. Your son needs to first demand repairs from the dealer. if the dealer refuses, you would need to file a complaint with the Texas Attorney General and the DMV against the dealer. Finally, if they cannot resolve the issue, I am afraid you will need to get an attorney to sue the dealer for the breach of the implied warranty of merchantability and deceptive practices.
I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer OR the HAPPY SMILEY FACE. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
Attorney experienced in commercial litigation.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).