How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 37077
Experience:  Run my own practice.
Type Your Traffic Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I just bought a car on August 1st of this year. It was from a used dealer. And the very ne

Resolved Question:

I just bought a car on August 1st of this year. It was from a used dealer. And the very next day the car stalled and left me on the side of the road and did not want to turn on. I called the dealer and reluctantly the car was taken back to the lot, and now I got a menacing call stating that "Its too bad" and "it was AS IS" and that I cannot have anything done about it.
So I am out of $1200 and no car, because the car is still at the lot... how can they rob people like this???
Submitted: 12 months ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 12 months ago.

Dimitry Esquire :

Thank you for your question.

Dimitry Esquire :

Please permit me to assist you with your concerns.

Dimitry Esquire :

If I may ask, what state are you located in>?

Customer:

San antonio TX

Dimitry Esquire :

I am very sorry that you are in this situation.

Dimitry Esquire :

Please do not worry as I do see some options for you.

Dimitry Esquire :

What do you wish to accomplish more, do you want the car back or do you want the money back?

Dimitry Esquire :

You cannot get both, so which would you prefer?

Customer:

The car does not turn on. I rather have the money back, I would not trust another car from this person

Dimitry Esquire :

Not a problem. This is a certified dealer, correct?

Customer:

yes

Customer:

SA Preowned Autos

Dimitry Esquire :

Okay, great, that makes it simpler.

Customer:

6818 S Flores Ave, in San ANtonio TX 78221

Dimitry Esquire :

Here is what you can consider as a means of getting this resolved: (I do not need their address, as the information would work anywhere in Texas)

Customer:

I have the Dealer number on the contract

Dimitry Esquire :

1. Contact them in writing, specifically certified mail, and state that since the vehicle is undriveable, the dealer is in violation of the implied warranty of being fit for a particular purpose. This means that since he sold you a car claiming that it could be inspected and used on the road, and it currently cannot be inspected or used on the road, even if it is 'as is', that is a violation of the warranty

Dimitry Esquire :

2. State that if they fail to return the money, or make full repairs, you will consider legal options.

Dimitry Esquire :

3. Contact the Texas Attorney General's office and speak with their consumer protection division.

Dimitry Esquire :

This is the division that is in charge of investigating fraudulent advertisements, deceptive sales practices, and also has the ability to fine or even take away their license.

Dimitry Esquire :

If you pursue such an option, or threaten to do so, the dealer will very likely relent and simply give you back your money because the headache and the costs associated with having them be investigated by the state would outweigh whatever profit they would hope to make on this car.

Dimitry Esquire :

Does that make sense?

Customer:

yes. But this guy seems very unreasonable and feels untouchable. I do not think he will relent. He is ignorant in thinking he is not obligated to proper business practices. HE even said, go ahead, do whatever, and never call here again!

Dimitry Esquire :

Please notice that their 'as is' claim is valid--you generally do purchase a vehicle at your own risk and are responsible for the repairs. But the vehicle has to be able to be used on the roads when you purchase it--that is something you can still demand as a legitimate condition of purchase.

Dimitry Esquire :

Well, if he does not relent, you escalate it as I suggested. It ends up costing him far more than what you paid for the car.

Dimitry Esquire :

You can also take him to small claims court for the value of the vehicle if he is refusing to return it to you--that is likewise a valid cause of action.

Customer:

ok. especially because I just purchased it on the first, and did not even get to drive it until yesterday, and after only 40miles it stalled and would not turn on anymore.

Customer:

so it is two separate actions, the atty gen and the small claims right? the small claims is more civil court?

Dimitry Esquire :

Correct, those are two separate actions

Dimitry Esquire :

you can pursue them concurrently.

Customer:

what about BBB? can I report him there too as a thief?

Dimitry Esquire :

You can also report them to the BBB, but that is not a state agency so while they can pursue this for you, the dealer is under no obligation to work with the BB

Dimitry Esquire :

*BBB

Customer:

I freelance for the local newspaper, can I report his bad business practices? or wil he have a claim against me for liable?

Dimitry Esquire :

That may expose you to potential threats for defamation.

Customer:

so how can I make sure people stay away from this sheisty man?

Dimitry Esquire :

You can report it, and you can write an expose about it if you wish, but there is always a risk for a defamation claim.

Dimitry Esquire :

You can report him to the agencies that I suggested. the BBB is open record.

Dimitry Esquire :

You can go on other third party sites such as Yelp!.com and do the same

Customer:

so in your opinion I do have recourse... and I should not feel helpless? because he did a good job at making me feel like I was robbed

Dimitry Esquire :

I do believe you have recourse specifically based on timing. Since this vehicle shut down on you the next day AND he is refusing to return it, it turns into a potential cause of action.

Customer:

are these actions something I can pursue myself? or do I need legal counsel?

Dimitry Esquire :

You can do all of that on your own. Small claims permits you to self represent. Similarly you can contact the AG's office on your own, and the same with the BBB

Customer:

Thanks so much for giving me hope. I consider myself an savvy individual and I am appalled that a business would do this to its customers. I can only imagine other people that do not know they have recourse! How many other victims are there out there??? Oh... it is scary!

Dimitry Esquire :

It is shameful sometimes, it truly is

Dimitry Esquire :

but that is why certain options exist, such as the AG's office, and small claims.

Dimitry Esquire :

luckily this is not a high value purchase, so small claims can cover it.

Dimitry Esquire :

Good luck to you and please let me know if I can assist you in any other way

Dimitry Esquire :

If not, then kindly do not forget to positively rate my answers so I may obtain credit for my work. Thank you!

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 37077
Experience: Run my own practice.
Dimitry K., Esq. and 6 other Traffic Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    304
    Run my own practice.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    251
    Licensed Attorney with 27 yrs. exp. with Traffic Law issues
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    188
    I have more than 25 years experience in the practice of law, including representation of clients in Traffic Court.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    181
    JD, 16 year experience including traffic law.
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Counselor at Law

    Satisfied Customers:

    157
    Licensed Attorney
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    155
    20 years practicing traffic law.