Legal Question in Consumer Law in Texas

I bought a used clothes washer and dryer. I was told that it was only two years by the salesman after telling him I was looking at a new w/d for $600. He sold me the units for $400. I explained that these units were for my handicapped daughter's upstairs apartment. He assured me that they were in perfect shape.

I decided to try out the units before taking them to my daughter's apartment, and found them to be very noisy. I checked out the unit age and found that they were 10 and 12 years, respectively. When I tried to return the units the next day, the salesman pointed out a print that said NO REFUNDS in very small print after denying that he said the units were only two years old. I called the police and they said my only recourse was to file a claim in small claims court.

My question is, do I have any real legal higher ground here or am I screwed? I tried to return the unit within 48 hours of purchase. I have been told both yes and no that this makes a difference.

Should I lay out the $95 for court? What should I do about the units until this is resolved if I go to court?


Asked on 8/17/09, 8:37 pm

1 Answer from Attorneys
TC Langford Langford Law Office

The 48 hour issue is of no consequence. If someone comes to your residence, uninvited, and sells you something, you have 72 hours to renege on the contract. That does not apply here.

I am not sure that being noisy is a valid ground to invalidate the contract, and think that will fall to the fact-finder.

IF you have evidence that the salesman said 2 years old, then that is a specific warranty that could be grounds to back out of the contract. You have the burden to establish the facts in your favor. You will need your testimony and a witness as to his statements. You will also need proof of the true age of the units.

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Answered on 8/21/09, 12:38 pm


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