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I bought a used car from Texas in 2012. When I bought they

Customer Question
Customer: I bought a used...
Customer: I bought a used car from Texas in 2012. When I bought they advertised like free of accident. The carfax and autocheck was clean. Now when I checked carfax is saying that was total loss since 2011 but was reported to carfax in 2013.
JA: Thanks. Can you give me any more details about your issue?
Customer: was a Honda odissey 2006
JA: OK got it. Last thing — Traffic Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.Category: Consumer Protection Law
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Customer reply replied 1 year ago
I bought it from the dealer located in TX.
I bought on ebay. I live in Oregon
Customer reply replied 1 year ago
12/10/2011 Texas
Damage Report TOTAL LOSS VEHICLE
Vehicle declared a total loss
by an insurance company
Collision damage reported
CARFAX began reporting this information on 01/08/2013.
Answered in 54 minutes by:
1/22/2016
Consumer Protection Lawyer: Dwayne B., Lawyer replied 1 year ago
Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,059
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

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Customer reply replied 1 year ago
Can I sue the dealer for that?
Consumer Protection Lawyer: Dwayne B., Lawyer replied 1 year ago

If the dealer advertised that a vehicle had not been in a wreck or was "accident free" and you later find out that the statement is incorrect then it would form the basis for a breach of contract and false advertising lawsuit. In Texas, it would also be sufficient to sue for a breach of the Texas Deceptive Trade Practice Act (DTPA).

This would allow you to sue for a variety of damages, up to and including a rescission of the contract where you give the vehicle back to them and they give you back your money, plus attorney's fees and costs.

One issue that you are going to face, and a reason to move quickly, is that the statute of limitations is 4 years on a breach of contract case and 2 years on a DTPA case. Obviously, you are either outside those time limits or else almost outside of them but there are ways around that through what is known as the "Discovery Rule" which states that the statute of limitations can be extended if you discovered the breach later.

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Dwayne B.
Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,059
34,059 Satisfied Customers
Experience: Practicing for over 20 years and handled many cases and trials for consumers.

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