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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41220
Experience:  Run my own practice.
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I just bought a car on August 1st of this year. It was from a used dealer. And the very ne

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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???

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!

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