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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10032
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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If you purchase a used RV in Texas and it does not have a current

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If you purchase a used RV in Texas and it does not have a current inspection but the dealership states it will reimburse the inspection cost, and the tires will not allow it to pass inspection, is the dealership responsible for reimbursement for the cost of the tires?

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. Did the contract address who was responsible for repairs?

LegalGems :

Were you able to see my question above?

Customer: there was no contract for the repairs/inspection
Customer: it was not inspected when we picked up the RV but it was suppose to be. Neal the sales rep said that they will pay for the inspection and are not having an issue with the $14 for the inspection but are refusing to reimburse for the tires that were required for it to pass. The RV has 6 wheels but we only had to replace tires on 4 of them.
LegalGems :

If the contract was As Is, then the buyer would generally be responsible. However, it can be argued that since the dealer offered to pay for the inspection, it was implied that they would assume the cost of repairs, or allow for rescission of the contract should the vehicle fail inspection. Generally a contract and any ambiguities are construed Against the drafter, so that would help. But it would come down to a judge's interpretation.

Customer: The DMV reps have said that the dealership would be responsible but that we need to speak with a legal representative for the law/code that it falls under
LegalGems :

I have reviewed the statutes and it does not give specific responsibility to the dealer; it would depend on the terms of the contract. was the contract "as is"?

Customer: yes the contract was "as is"
LegalGems :

But the agreement to pay the inspection fee was included in the contract? Because that would seem contradictory (and if you saw my post above, that is in your favor).

Customer: the inspection was not listed in the contract or i dont think it was, but he verbally agreed to pay the inspection. but like i said before, he is willing to reimburse the $14 but not the cost of the repairs
LegalGems :

Yes, I understand. I was trying to tie in the 2 - if he was willing to pay for inspection, one could argue implied contract to pay for necessary repairs. However, this will be difficult, since there was an As is contract. Please see the following excerpt from the attorney general's office:

LegalGems :

bought a car from aused car dealerand it broke down within two weeks. Isn't the dealer responsible?

That depends. All used car dealers are required by federal law to tell buyers whether a used car is being sold with or without a warranty. Dealers must clearly display this information on a side window of each used car. The buyer's guide, or window form, should state either:

"AS IS" -- the vehicle does not have a warranty and the seller is under no obligation for repairs; or
"WARRANTY" -- the vehicle has a warranty, and the window form must list exactly what parts and services are covered and for how long.
Customer: I understand. disappointed but i do understand
LegalGems :

Under the terms of the contract, there would be no responsibility. However, a judge may see it differently based on the oral promise to pay for inspection. It could be argued that there was an implied representation that the dealer was so confident it would pass that s/he would foot the bill for the inspection fee.

LegalGems :

So you could take your chances in small claims; or try negotiating with the dealer- but the as is language is not helpful.

Customer: I understand. Thank you
LegalGems :

You are welcome. Besides the tires, I hope you enjoy the RV - they can be quite fun!

Customer: Thank you. We are looking forward to the fun and memories in the RV
LegalGems :

I bet! Happy cruising!

Customer: One last question, can you email me a copy of this entire chat [email protected]
LegalGems :

I don't have the ability as I'm also an end user. However, you can copy and paste this into a word doc, or customer service has told me when you close the chat there will be a print/save button. Also, the site sends you emails with a link to this page so you can always come back here.

Customer: thank you
LegalGems :

Very welcome.

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