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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118764
Experience:  Attorney experienced in commercial litigation.
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Purchased a car that has/had hail damage that was not

Customer Question

Good morning.
JA: Hi. How can I help?
Customer: Purchased a car that has/had hail damage that was not disclosed.
JA: What state is this in? And how old is the car?
Customer: Texas 2017
JA: Have you contacted the manufacturer?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: You can tell they repaired some of the damage so they were aware. The car was a demo but on the contract it was indicated new. Approximately 3,000 in additional damage.
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 1 month ago.

If they misrepresented the fact the car was damaged and the damage was not readily visible when you made a reasonable inspection of the vehicle prior to purchase, then you have a right to seek to cancel the contract based on it being void due to misrepresentation or to force them to repair the remaining damage, your choice. When a party sells a new car to you, they warrant it free from defect and are not allowed to misrepresent any known issues with the vehicle and if they failed to do that, then such misrepresentation can be an unfair and deceptive business practice and could allow you to sue for not just the damage costs, but also potential punitive damages up to three times the actual damage.

So you need to start by deciding whether you want to cancel the sale or force them to make repair, then you need to make your written demand on them and tell them if they refuse to settle this matter (even if they offer to give you a partial refund on the purchase price), then you will file a complaint with the Attorney General for unfair and deceptive practices for not disclosing hail damage and also with the Better Business Bureau and the state DMV dealer licensing bureau. If they still refuse, file your complaints with all three. If the AG, BBB and DMV cannot resolve the matter for you, then your final option is you would have the right to sue the dealer for their unfair and deceptive practices.

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