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I'm in Texas. I bought a used car..no warranty. The sticker on the window had no info about the car on it, it only said As-Is. I test drove it and the dealer accepted $1,000 down and held the car until I could pay pay the balance the following month. (balance was $2,163.48). He waited to take the sticker off the windshield until after I paid for it (via check) revealing a LARGE crack. (He had placed the sticker to HIDE the crack) Though denied it. Right after taking the car home, the transmission failed. I stopped payment on my check and called the guy. I reminded him that he already had my $1,000 deposit, and the car was coming back. He wouldn't return my calls, so after a few weeks I towed it back and followed up with a certifed letter. I don't have the title or registration. I was just served papers that he is suing. Small Claims court, so I will go w/o attorney. He does have $1,000 dep, title & registration, and the car. Will I lose to breach of contract? Do I have a chance??
State/Country relating to Question: Texas Already Tried: I had proposed that he use my deposit to repair the car & re-sell it. I had to purchase another car, so I have nothing to give him if he wins the judgement. I am afraid he will levy my bank account since he has my account info. If my wife opens a seperate account in a differnt bank to deposit our money, can he levy her account too? (Her name is XXX XX the contract).
Unfortunately when you purchase a car "As is", you accept the car with any and all defects. There is not warranty and if there is some problem that you fail to discover or locate then the problem rests upon you as the customer. It sounds like this person is a shady manipulative dealer but his actions from what you have shared do not appear to be illegal. I can not predict what will happen, but you may lose the case for breach of contract and be required to either pay the balance and take the car or let him resale the car and you pay the difference.
If I lose I doubt he will take payments from me, and will likely attach my bank account. Just that kind of guy. Can I safely keep my money in my wifes seperate account that only has her name? She is not on the contract, but being in Texas I wasn't sure if he could levy her account or not.
No he will not accept payments. You will have to pay the full balance amount. The amount owed on the car or the difference after the sale of the car to another person. He may attach your bank account but not your wife's account if it is her account alone and you're not on the account.
Lawyer (JD)
Practing General Attorney, Professor and Lecturer of law for two decades