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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110557
Experience:  Attorney experienced in commercial litigation.
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I bought a used pick up truck from Car Max used car dealer

Customer Question

I bought a used pick up truck from Car Max used car dealer and it had a recall on the transmission do I have any legal recourse as far as them selling me a vehicle that had a recall for the trans
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under Texas law, the purchase of a used vehicle is deemed as is, meaning the risk of defect is on the buyer in general and not the seller. However, even in a as is sale, there are some implied warranties, such as the implied warranty of merchantability, which says that if you can show the seller knew or should have known at the time of the sale the transmission was defective then you can sue to rescind the sale or for costs of repair. Also, the implied warranty of good faith, which holds that if the seller knew or should have known of the defect and concealed or failed to disclose the fact to the buyer, then the buyer can seek refund or damages.
However, simply because the transmission had a recall on it, if your vehicle transmission was not actually broken, would not make them liable other than you should be able to bring it in for repair under the recall, but again the seller is not liable unless they actually knew of the defect prior to the sale.

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