Legal Question in Consumer Law in Texas

Purchased Lemon Car from Auction

I purchased a used vehicle from a auction. The auctioneer taunted how great the car and specifically how cool the A/C was.

I got the car home and the next day the A/C stopped working the day after that the car stopped working. I had the checked and the mechanic shared that I had gotten a bad deal.

I went back to the Auctioneer, showed him the 3 mechanic reports and he agreed to have the car towed from my home, prep it (i.e. make it run) and then resell it with to the proceeds of the sell being passed to me. He would keep all the associated fees for selling the car. When I finally got the title from the state and went to him to conclude our transaction he refused to take the car.

I am out the price of the car, the enormous auction fees, and maintenance charges paid.

The apt complex management are starting to comment about the car just sitting. I am concerned if I sell the car that I can't pursue any other action to recoup my losses.

Any suggestions?


Asked on 11/03/03, 1:14 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Purchased Lemon Car from Auction

I hate to have to tell you this, but when you buy a used car, you buy it "as is, where is, with all faults", unless there's a written warranty. Your best bet would be to get the car running and sell it at auction.

It's an expensive lesson, and there's really no way you can recoup your costs through a lawsuit. The auctioneer has absolutely no idea of the mechanical condition of the cars he sells, and since the A/C worked on the day you bought it, he had no way of knowing whether it would continue working or not.

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Answered on 11/03/03, 5:04 pm


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