Legal Question in Consumer Law in Texas

Auto Dealership changes terms of contract after everything is signed.

We bought a car in 2001, and when they were selling us the extended warranty, we refused it initially. The salesperson discussed it with his manager and came back with a lower price for the same 7yr/100k mile warranty. We agreed, signed the paperwork and got copies of everything for our records. However, when the warranty information arrived in the mail a few weeks later, it said it was a 5yr/75k mile warranty. We called the dealership and complained that they had made a mistake. They looked into it and had us fax our paperwork. They assured us they would fix the problem.

We recently had work done on the car and asked about our warranty. They never changed it. We called the dealership immediately and the salesperson no longer worked there. They found a document that had our signatures that said we agreed to the smaller warranty, but our copy of that same page had no terms on it. It is obvious they filled in some details after we signed the contract. The problem is we don�t have any documents supporting our claim other than the discrepancy between the two signed contracts.

Is there anything that can be done to get this corrected? Are we out of luck or can we take action against the dealership for changing the contract?


Asked on 5/12/03, 5:45 pm

1 Answer from Attorneys

Re: Auto Dealership changes terms of contract after everything is signed.

You can contact the Better Business Bureau and file a report. This may create an incentive for them to work towards a resolution of the matter.

You may have a cause of action, under the Texas Deceptive Trade Practice/Consumer Protection Act (DTPA) against the company. The purpose of this Act is to protect consumers against false, misleading, deceptive business practices, unconscionable actions, and breaches of warranty.

This website should answer your questions regarding consumer rights.

www.texasbar.com/public/consumerinfo/helpfulinfo/consumer/dtpa.asp

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Answered on 5/13/03, 9:30 am


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