Legal Question in Consumer Law in Texas

Small Claims re: Lemon Law
I purchased a 1998 VW New Beetle from an individual back in June 2002. This person advertised the car as having ''one owner, mint condition, 54,000 miles''. I test drove the car and decided to purchase it for $7,000. He said he bought it for his daughter as a graduation gift, but that she wanted to buy a truck instead.

I paid him that day, drove off with the car & then went back 10 days later to get the title - this being due to the fact he wouldn't return my calls. He eventually had his daughter call & tell me to come get the title.

When I went to pick up the title, the car was in someone else's name, and she also handed me maintenance receipts on the vehicle. Upon looking at them, I realized the car had 74,000 miles on it four months prior.

I later received the Car Fax information on the vehicle and found that the car had more than 4 or 5 previous owners.

Naturally, I want to try & get some money back on this vehicle since it never amounted to what he had advertised.

1. What is the statute of limitations in Texas for small claims?

2. And can I sue for the $7,000 or what is the limit on small claims?

Thank you in advance for any advise you can give me. I'm a single mom & this just isn't fair!

Asked on 11/23/04, 12:20 pm

Peter Bradie Bradie, Bradie & Bradie

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Re: Small Claims re: Lemon Law

The cap on Small Claims is $5,000.00. One penny over and the court loses jurisdiction.

Statute of limitations for an action under the Texas Deceptive Trade Practices Act is two years. Action for breach of contract is four years.

The Lemon Law doesn't apply, since that's only for the sale of a new vehicle, bought directly from a dealership.

Answered on 11/23/04, 1:03 pm

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