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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I bought a used vehicle yesterday and when driving it today

Resolved Question:

I bought a used vehicle yesterday and when driving it today I noticed a noise coming from the engine that sounds like a bad lifter knocking. I checked the oil to discover it was four quarts low. What are my options? I live in Texas.
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

Have you replaced the oil to see if the knocking stopped? Prior to purchase, did you inspect the vehicle? Was the vehicle sold to you with a warranty, or was it sold "as is"?
Customer: replied 5 years ago.
yes i replaced the 4 quarts of oil no it didn't stop knocking no it was not inspected that i'm aware of and it was sold as is
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

Texas law permits a dealer to sell the vehicle without a warranty, or sell it "as is". Under such conditions the buyer agrees to accept the risk and make all repairs on the vehicle if there is an issue with the car. The best defense here that you may have is to claim both fraud (that the vehicle was not described as it was), and breach of warranty of fitness (essentially an argument that says that if a vehicle is advertised that it is in drivable shape, it has to be in that shape for it to be legally sold). Those are not strong claims since the dealer can claim that this is now your problem, but it is the stronger position that you have available for you at this time.

Good luck.
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