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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 37618
Experience:  Run my own practice.
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sir/Maam, I am not sure if this falls within the "Lemon Law", nor am I

Resolved Question:

sir/Ma'am,

I am not sure if this falls within the "Lemon Law", nor am I sure if there really is anything governing this situation, but it seems worth asking. My sister bought a 2002 VW Jetta from a dealership located there in TX. It is a used car, and test drove just fine; however, withing 2 hours of purchase, the car now has severe transmission issues. While I understand that buying an older used cars come with the risk of mechanical issues, a problem so severe should have been disclosed prior to purchase. I am not sure if there is any law that can assist in this situation, but we are both looking into anyway that we can confront the seller on such poor salesmanship. If there is anything that can be done from a legal stand point, I can be contacted atXXX@XXXXXX.XXX. I am currently located in Japan (military), so my hours of contact are inconvenient, and e-mail may be the best way for communication.

Very respectfully,
XXXXX XXXXX

Very respectfully,
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Dimitry Esquire :

Thank you for your question, Christopher.

Dimitry Esquire :

Please permit me to assist you directly with your concerns.

Dimitry Esquire :

To answer your question directly, a vehicle that is a 2002 is not something that is governed under "Lemon Law"

Dimitry Esquire :

Texas does not cover used vehicles under their lemon law rules.

Dimitry Esquire :

The vehicle must be new and must have under 12,000 miles to be eligible for lemon law protection.

Dimitry Esquire :

What you are describing is not a lemon law issue but a potential claim for fraud and misprepreentation, as well as for breach of warranty.

Dimitry Esquire :

*misrepresentation

Customer:

Thank you, XXXXX XXXXX aware of any other laws that his might fall under? I was thinking that a Lemon Law was not quite the route to go.

Dimitry Esquire :

I am assuming that your sister purchased the vehicle without a warranty. Even so, a dealer has a duty to disclose all known defects with the vehicle.

Dimitry Esquire :

If she can show that they were aware of this defect but failed to disclose, then it becomes a situation where they breached their obligations. Then your sister has a couple of potential optons.

Dimitry Esquire :

*options

Dimitry Esquire :

She could demand that they perform repairs based on their failure to disclose. Or she can request that they take back the vehicle. Or she can contact the Texas Attorney General's office of consumer protection and request that they assist her by filing a grievance with them, along with the Better Business Bureau.

Dimitry Esquire :

As an aside please be aware that we cannot contact you off-site, we can only communicate here. I do not even see your information as it is automatically crossed out.

Customer:

Okay, that is better. This has just happened today, but I'm not sure of how to go about proving they had prior knowledge of the issue. What kind of proof would be sufficient?

Dimitry Esquire :

Hope that helps, and hope your sister attempts to first contact the seller and if that fails, then she can escalate it further.

Dimitry Esquire :

Good proof may be taking the car to a third party mechanic

Dimitry Esquire :

He can evaluate the car and see if they knew of the defect or if this was a spontaneous failure (for which they would not be liable).

Dimitry Esquire :

Hope that helps.

Customer:

Alright, thank you, XXXXX XXXXX us a direction to go in. It has been helpful.

Dimitry Esquire :

Excellent, I am happy to hear it. Best of luck to your sister.

Dimitry Esquire :

If you found my information to be useful, please do not forget to positively rate my answer so that I can obtain credit for my work.

Dimitry Esquire :

Thank you!

Dimitry Esquire :

Sincerely,

Dimitry Esquire :

Dimitry, Esq.

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 37618
Experience: Run my own practice.
Dimitry K., Esq. and 2 other Traffic Law Specialists are ready to help you
Expert:  Dimitry K., Esq. replied 1 year ago.
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