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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111525
Experience:  Attorney experienced in commercial litigation.
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Recently I had purchased a 2014 suburban, I was in the

Customer Question

recently I had purchased a 2014 suburban, I was in the market for a newer car suitable for towing a trailer, being in the market did not constitute purchasing the first thing I came across, having had severe head trauma seven years ago, I am often lost in excessive verbiage and often confused in conversation. This particular event I was told by the salesman that this particular model was what I wanted, that it had everything as my old vehicle had, every time I asked a question the salesman would disappear long enough for me to forget the question I had asked, being fed up with that, I often wanted to leave only to find my car missing so as not being able to leave. Being in a state of confusion mentally lost I was told that I had purchased the car and then found out that this car did not have what I was told. Before I drove off the lot I was told that I could not back out of the deal as it was a done deal, done automatically through electronic payment. I have since discovered the car was sold at a higher price than quoted, the vehicle was not properly registerd and that it will cost me more to make this vehicle suitable.
JA: What state is this in? And how old is the car?
Customer: Texas a 2014 suburban
JA: Have you talked to a lawyer yet?
Customer: Yes have not heard back from him
JA: What advice did they give you? Anything else you think the lawyer should know?
Customer: No advice just said he would get back and see if he would take the case
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 3 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 generally as is, unless you received a written warranty to the contrary. In an as is sale, generally any hidden defects are the liability of the buyer and not the seller and the courts use the term "caveat emptor" or "buyer beware" when dealing with as is sales.
Now, in every as is sale there are implied common law warranties that apply. First, is the warranty of merchantability, which says if the seller know or should have known the vehicle was not fit for its suited purpose (such as defective title/registration or defect they knew made the vehicle unsafe) then you can seek to rescind the sale. The second implied warranty is the implied warranty of good faith and in that instance if the seller misrepresented the qualities of the item when you relied on their expertise to do so and it does not have the qualities you agreed upon, then this is a basis legally to rescind the sale. If the dealer refuses to rescind based on them misrepresenting to you that the vehicle would do what you requested or based on the improper title/registration, then you need to inform them you will be filing a complaint with the Texas Attorney General consumer protection unit and also the Texas DMV dealer licensing unit for investigation into their unfair and deceptive practices. If they still refuse to resolve this, file your complaints. If the AG and DMV cannot resolve the matter, your sole remaining option is to sue for unfair and deceptive practices AND for breach of the implied warranties for representing the vehicle has qualities that it did not have and did not suit the purpose you told them it was intended to be used for.