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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32579
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I bought a used car from Texas in 2012. When I bought they

Customer Question

Customer: I bought a used car from Texas in 2012. When I bought they advertised like free of accident. The carfax and autocheck was clean. Now when I checked carfax is saying that was total loss since 2011 but was reported to carfax in 2013.
JA: Thanks. Can you give me any more details about your issue?
Customer: was a Honda odissey 2006
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Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
I bought it from the dealer located in TX.
I bought on ebay. I live in Oregon
Customer: replied 1 year ago.
12/10/2011 Texas
Damage Report TOTAL LOSS VEHICLE
Vehicle declared a total loss
by an insurance company
Collision damage reported
CARFAX began reporting this information on 01/08/2013.
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is there a specific question with which I could assist?

Customer: replied 1 year ago.
Can I sue the dealer for that?
Expert:  Dwayne B. replied 1 year ago.

If the dealer advertised that a vehicle had not been in a wreck or was "accident free" and you later find out that the statement is incorrect then it would form the basis for a breach of contract and false advertising lawsuit. In Texas, it would also be sufficient to sue for a breach of the Texas Deceptive Trade Practice Act (DTPA).

This would allow you to sue for a variety of damages, up to and including a rescission of the contract where you give the vehicle back to them and they give you back your money, plus attorney's fees and costs.

One issue that you are going to face, and a reason to move quickly, is that the statute of limitations is 4 years on a breach of contract case and 2 years on a DTPA case. Obviously, you are either outside those time limits or else almost outside of them but there are ways around that through what is known as the "Discovery Rule" which states that the statute of limitations can be extended if you discovered the breach later.

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