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Thank you for your question.
Please permit me to assist you with your concerns.
If I may ask, what state are you located in>?
San antonio TX
I am very sorry that you are in this situation.
Please do not worry as I do see some options for you.
What do you wish to accomplish more, do you want the car back or do you want the money back?
You cannot get both, so which would you prefer?
The car does not turn on. I rather have the money back, I would not trust another car from this person
Not a problem. This is a certified dealer, correct?
SA Preowned Autos
Okay, great, that makes it simpler.
6818 S Flores Ave, in San ANtonio TX 78221
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)
I have the Dealer number on the contract
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
2. State that if they fail to return the money, or make full repairs, you will consider legal options.
3. Contact the Texas Attorney General's office and speak with their consumer protection division.
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.
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.
Does that make sense?
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!
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.
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.
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.
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.
so it is two separate actions, the atty gen and the small claims right? the small claims is more civil court?
Correct, those are two separate actions
you can pursue them concurrently.
what about BBB? can I report him there too as a thief?
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
I freelance for the local newspaper, can I report his bad business practices? or wil he have a claim against me for liable?
That may expose you to potential threats for defamation.
so how can I make sure people stay away from this sheisty man?
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.
You can report him to the agencies that I suggested. the BBB is open record.
You can go on other third party sites such as Yelp!.com and do the same
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
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.
are these actions something I can pursue myself? or do I need legal counsel?
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
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!
It is shameful sometimes, it truly is
but that is why certain options exist, such as the AG's office, and small claims.
luckily this is not a high value purchase, so small claims can cover it.
Good luck to you and please let me know if I can assist you in any other way
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