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Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5171
Experience:  Licensed to practice before state and federal court
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I bought a used car here in texas 2 and a half weeks ago.

Customer Question

I bought a used car here in texas 2 and a half weeks ago. the same day of the purchased 2 hours after the car broke down. the guy from the dealership said that he will fix it. in the meanwhile he leand me two cars that also broke down I was late to work and I a about to loose my job because of that. can I proceed legal? it has been over 2 weeks and is still no fixed I just want my money back.
JA: We have a 30 day refund policy so you can simply email***@******.*** and they will try to fix your problem or refund your money.
Customer: thank you
JA: What state is this in? And how old is the car?
Customer: in texas and the car is a 2005
JA: Has anything been filed or reported?
Customer: what do you mean?
JA: What confuses you?
Customer: Has anything been filed or reported?
JA: Anything else you want the lawyer to know before I connect you?
Customer: oh yes I give the dealership a 5 k down payment and still owe 2 k
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

This also to me sounds like a classic case of negligence. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand how you can be reimbursed properly for any missed work or issues that you believe are compensable.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?