Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Thank you for your question, Christopher.
Please permit me to assist you directly with your concerns.
To answer your question directly, a vehicle that is a 2002 is not something that is governed under "Lemon Law"
Texas does not cover used vehicles under their lemon law rules.
The vehicle must be new and must have under 12,000 miles to be eligible for lemon law protection.
What you are describing is not a lemon law issue but a potential claim for fraud and misprepreentation, as well as for breach of warranty.
Thank you, ***** ***** aware of any other laws that his might fall under? I was thinking that a Lemon Law was not quite the route to go.
I am assuming that your sister purchased the vehicle without a warranty. Even so, a dealer has a duty to disclose all known defects with the vehicle.
If she can show that they were aware of this defect but failed to disclose, then it becomes a situation where they breached their obligations. Then your sister has a couple of potential optons.
She could demand that they perform repairs based on their failure to disclose. Or she can request that they take back the vehicle. Or she can contact the Texas Attorney General's office of consumer protection and request that they assist her by filing a grievance with them, along with the Better Business Bureau.
As an aside please be aware that we cannot contact you off-site, we can only communicate here. I do not even see your information as it is automatically crossed out.
Okay, that is better. This has just happened today, but I'm not sure of how to go about proving they had prior knowledge of the issue. What kind of proof would be sufficient?
Hope that helps, and hope your sister attempts to first contact the seller and if that fails, then she can escalate it further.
Good proof may be taking the car to a third party mechanic
He can evaluate the car and see if they knew of the defect or if this was a spontaneous failure (for which they would not be liable).
Hope that helps.
Alright, thank you, ***** ***** us a direction to go in. It has been helpful.
Excellent, I am happy to hear it. Best of luck to your sister.
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