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hi my question is how long do i have to back out on a contract…

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hi my question is...
hi my question is how long do i have to back out on a contract on a used car we have had for 18 days bought a vechile took for detail they changed tire rims without asking
Submitted: 6 years ago.Category: Consumer Protection Law
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Answered in 1 minute by:
2/24/2012
Consumer Protection Lawyer: Ely, Counselor at Law replied 6 years ago
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 103,549
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

Can you please tell me what state you are in?
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Customer reply replied 6 years ago
texas
Consumer Protection Lawyer: Ely, Counselor at Law replied 6 years ago
Thank you. I am afraid that Texas law does not allow a return window for vehicle contracts:

https://www.oag.state.tx.us/agency/weeklyag/2005/0305contracts.pdf

Federal law (USC) is also very limited:

http://www.ftc.gov/bcp/edu/pubs/consumer/products/pro03.shtm

Therefore, I am sorry to say you cannot simply void the sale.

However, if you are telling me that they switched the rims after you inspected the vehicle without telling you, then you may have a lawsuit for fraud and consumer protection statutory law. Let me know if this is the case and I will expand on this.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

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Customer reply replied 6 years ago

yes they changed them without permission

 

 

Consumer Protection Lawyer: Ely, Counselor at Law replied 6 years ago
Thank you. Here, you may have a suit for (1) fraud and (2) negligence per se under the Texas Deceptive Trade Practices Act.

Fraud
The elements of a cause of action for fraud by misrepresentation are:
(1) A material representation was made to a person;
(2) The material representation was false;
(3) When the material representation was made;
(4) The speaker (i) knew that the material repre- sentation was false, or (ii) made the material representation recklessly without any knowledge of its truth and as a positive assertion;
(5) The speaker made the material representation with the intent that it should be acted upon by the person to whom the speaker made the representation;
(6) The person to whom the material representation was made acted in reliance upon the representation; and
(7) The person to whom the material representation was made suffered injury or damage.
Stone v. Lawyers Title Insurance, 554 S.W.2d 183, 185 (Tex. 1977)

The elements of a cause of action for fraud by nondisclosure are:
(1) A party fails to disclose a material fact within the knowledge of that party;
(2) That party knows that the other party is ignorant of the fact and does not have an equal opportunity to discover the truth;
(3) The party intends to induce the other party to take some action by failing to disclose the fact, and
(4) The other party suffers injury as a result of acting without knowledge of the undisclosed fact.
Springs Window Fashions Div., Inc. v. Blind Maker, Inc., 184 S.W.3d 840, 863-864 (Tex.App.- Austin 2006 no pet. history).

Texas Deceptive Trade Practices Act
You can review it here:

http://www.jtexconsumerlaw.com/V8N2pdf/V8N2deceptive.pdf

Arguably, they breached it. Negligence per se is a term used to describe acts that violate a legal stature or regulation, and in this case, they violated TDTPA.

I would talk to an attorney to discuss finer details to see if you have a case.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
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