Legal Question in Consumer Law in Texas

Resubmitted question

Resubmitted question....I purchased a street bike, had a wreck, went to pick it up at the wrecker service and was told that the vin number on the registration did not match the bikes vin number. contacted the dealership and they said they had wrote the wrong vin number on all the paperwork. The vin number on the title and loan documents does not match the bike that was wrecked. they belong to the bike they still have at the dealership. Does the dealership own the wrecked bike and who is responsible for the damages and loan since I dont have the bike that was titled and financed to me?


Asked on 10/14/08, 6:53 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Resubmitted question

Since I answered the original question, I have waited to see if another attorney would weigh in on the resubmitted question.

In my opinion, regardless of the vin and financing documents, you wrecked the bike, and you are responsible for the damages to the bike, no matter who owns it.

Secondly, in my opinion, if this case went to court, I think the judge would ultimately find an equitable reason to rule that the bikes must be similar enough that you rode away on it, satisfied that it was the bike you wanted to buy; and that the error in the documentation was not material to the sale, thereby ordering a correction of the vin numbers, and ruling you the owner of the wrecked bike.

That said, I would advise negotiation and/or mediation with the dealership.

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Answered on 10/15/08, 2:56 pm


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