Legal Question in Consumer Law in Texas

I recently bought a used car from a used car dealership. The backlight of the dash display in the car that usually illuminates the odometer reading wasn't working, but the owner of the dealership told me the car had 129,000 miles on it. After buying the car and fixing the light I found out that the true mileage was 169,000 miles. That is a significant difference, and had I known the true mileage I absolutely would not have bought the car. I went back to the dealership and told him I was very unhappy about this situation, but he could care less. He is claiming total ignorance, and says that it was not his responsibility as the seller to provide the accurate mileage of the car upon sale/purchase.

Not only that, but before I bought the car I had asked if I could have a pre-purchase inspection done on the vehicle, and I asked for him to provide the CarFax Report. He dodged both my requests, saying he wouldn�t allow an inspection done on the car, and that he was having internet access problems which prevented him from providing the CarFax. Despite all this, for some reason I actually trusted him, probably because I was so in love with the car, and I decided to purchase the car for $5500. As soon as I figured out the true odometer reading I became increasingly skeptical, so I brought the car to a local BMW specialist (it is 1997 BMW 3 Series) to have a �pre-purchase� inspection done, even though I had already bought it. The report came back that I need to have $2300 worth of work done to the car in the IMMEDIATE future. Bottom line I figure I am out about $3500 in total. I would greatly appreciate any advice for pursuing action in Small Claims Court.


Asked on 7/09/10, 4:17 pm

1 Answer from Attorneys
TC Langford Langford Law Office

You will have little sympathy from the court on the issue of the work being done, since you chose to buy it without a warranty or inspection. The odometer reading, however, is a different matter. The title and sale documents will state the odometer reading. You should have verification from the BMW shop of the correct odometer reading (this needs to be verified and confirmed before you put any other miles on the car). You will need to go to trial and present your evidence. You might also consider filing a complaint with the Office of the Attorney General regarding resale dealers -- you can find the information on their website regarding odometer issues.

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Answered on 7/12/10, 9:37 am


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