Legal Question in Consumer Law in Texas

Used Car Sales

My mother recently purchased a vehicle from an individual. The person told her that it had only been in a minor fender-bender with no major damage. After she received the financing and purchased the vehicle she found out that was not true. Her credit union told her that the vehicle has a salvaged title. She would not have purchased the vehicle had she known this. Is there any recourse against the seller of the vehicle for not disclosing what was surely a major accident?


Asked on 9/14/04, 11:39 am

2 Answers from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Used Car Sales

Yes, its a violation of the Deceptive Trade Practices Act; possibly also the federal odomoter act.

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Answered on 9/14/04, 11:58 am
Peter Bradie Bradie, Bradie & Bradie

Re: Used Car Sales

Your mother can sue the seller for failure to disclose a material defect. That would be an action under the Texas Deceptive Trade Practices/Consumer Prtotection Act ("DTPA"). Getting the judgment will be far easier than collecting against the seller.

There are unscrupulous people that make their living buying wrecked vehicles, fixing them up so they pass a cursory visual inspection, and selling them as good, low-mileage vehicles. They also manage to hide themselves pretty well.

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Answered on 9/14/04, 12:23 pm


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