Legal Question in Consumer Law in Texas

New Car Purchase/Problem discovered after deal

My parents were helping my husband and me look for a new car. They test drove a 2002 Toyota Camry , which my husband and I also ended up test driving. We liked the car and ended up buying it. During THEIR test drive, Dad asked if the car had an anti-locking braking system. The salesman told him it didn't have ABS, but it has Electronic Brake Force Distribution, which is what anti-lock brake systems are moving to. (Implying that the EBD is replacing ABS.) Both of my parents were in the car at the time this conversation took place.

I discovered today (2 days after the purchase) that the car has regular disc brakes, but NO Electronic Brake Force distribution. Anti-lock brakes and Electronic Brake Force Distribution go hand in hand, not separate.

In my opinion, this reduces the safety of the car and I have no idea what to do at this point.

Any input or suggestions would be appreciated.


Asked on 7/05/02, 8:47 pm

1 Answer from Attorneys
Michael Dover Michael A. Dover, PC

Re: New Car Purchase/Problem discovered after deal

You might have claims for fraud or for violations of the Texas Deceptive Trade Practices Act if you can show that you relied upon the false statement and that you were damaged as a result of the false statement. Most likely, the measure of damages would be the difference between the market value of the vehicle as represented and the vehicle that you actually received.

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Answered on 7/06/02, 10:41 am


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