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Thank you for your question.
Please permit me to assist you with your concerns.
Did the dealer assure her in writing that the vehicle would pass inspections?
I ask because that could arguably create an implied warranty against the dealer.
I sent Betsy a text asking this question although I don't think so. Will get right back to you.
Otherwise, by buying 'as is', she can only legitimately claim a potential violation if she can prove that the dealer was aware of the defects and failed to disclose (which would be misrepresentation) or if he knew the vehicle would not pass inspection, as that arguably would be a breach of warranty of being fit for a particular purpose.
In essence that argument is that since he is selling a car that he claims can be used on the roads, if the car cannot pass inspection it is no longer fit and his assurances are void.
Sure thing, I will wait.
She got nothing in writing. She got verbal assurance that the car would pass inspection, however, they would not inspect it in their own shop, so she had to take the car on his word that it would pass. By the way, she paid ~$9000 for it (for accuracy)
Was she given an opportunity to take the car to a different mechanic prior to the sale taking place?
This was not offered/discussed. She is obviously an inexperience 20 year old buyer. It appears she was taken advantage of.
I understand and it sure looks like that may be an issue. But I am trying to understand if they broke the law or provided some options, or if they acted within the bounds of obligation.
The fact a dealer failed to inspect and failed to evaluate the car is likely sufficient to claim misrepresentation.
OK I see. Any other information or advice? Thanks.
One option that this buyer may have is to contact the Texas Attorney General's Office and speak with their consumer protection division.
They can investigate and potentially seek recourse on her behalf.
Before she does so, she also contact the dealer, threaten to go to the Ag's office or else demand they fix the vehicle or provide a refund
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