Legal Question in Consumer Law in Texas
used car warranty
seller does not want to stand behind a 90 day warranty on transmission and motor. Transmission started slipping after driving for one week. how do I handle this? Is the signed stated warranty not honorable?
1 Answer from Attorneys
Re: used car warranty
A written warranty on a used car is definitely enforceable. Failure to honor the warranty is a violation of the Texas Deceptive Trade Practices/Consumer protection Act ("DTPA") and may subject the seller to triple damages.
Make written demand for repair under warranty, or payment to have others repair the transmission. Find out what it would cost to have it repaired so you can demand a known sum. The letter goes by certified mail.
The seller then has 60 days within which to make the repair or pay. However, if the repairs are required within that time period, get them done and advise the seller in writing what the cost to repair was.
If three times the damages is greater than $5,000, get an attorney to handle the lawsuit.
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