Legal Question in Consumer Law in Texas

car purchase

I just purchase a car as New, however I found an insurance car and purchase receipt from a previous owner. I like the vehicle howeve feel I was misled when I purchased the vehicle. I asked the salesmen about the milage (360) and their answer was it had been on the lot awhile and test driven quite a bit.


Asked on 11/24/08, 1:13 pm

1 Answer from Attorneys

Jason Gallini Crew & Gallini, PLLC

Re: car purchase

There are a couple possible issues here. The first to evaluate is a possible violation of the Texas Deceptive Trade Practices Act. From your limited facts, it appears that the salesperson may have intentionally misrepresented the qualities or characteristics of the vehicle, i.e. "new". There are several other causes of action (breach of contract, etc) that may be applicable following a competent review by an attorney.

A primary item you will want to evaluate is damages. What is the vehicle price difference between New and Used? You should contact an attorney to aid in calculating damages. This will aid in making the decision of whether the case is worth proceeding to litigation.

Even if you choose not to litigate the matter, there are other avenues for reporting possible consumer fraud. I.e. Texas Attorney General's Office.

As always, it is best to visit with an attorney to provide all pertinent details and to receive a solid initial consultation. Feel free to contact me to discuss further.

Best of luck.

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Answered on 11/24/08, 1:39 pm


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