Legal Question in Consumer Law in Texas

Undisclosed Vehicle History

I purchased a preowned high-end vehicle about 8 months ago from a independant dealer. I recently attempted to trade it in at another dealer to downsize to something more practicial. When the dealer had my car inspected for appraisal, they informed me that my car has had significant front end body work. Of course this hurts the value of my trade-in making me extremely upside down if I trade. Just to confirm their findings, I took it to another dealer to have it appraised and was told the same thing. When I purchased the car I specifically asked the salesman if the car had any body work due to any accidents. Of course the answer was ''no''. This information was not disclosed to me in verbally or in writing. If it had been, I wouldn't have purchased the car. What rights, if any do I have? I'm basically stuck with a car that no one wants. I couldn't live with myself if I sold it to an unsuspecting individual. I have more integrity than that. I've considered contacting the dealer myself but wanted consult with a lawyer before I did. I'd prefer to catch them off guard with all the facts. I'd appreciate any suggestions you may have. Thank you in advance.


Asked on 4/12/07, 2:44 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Undisclosed Vehicle History

You probably have a good DTPA lawsuit. Keep asking around in your area for a lawyer that has a complete grasp of the value of this case.

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Answered on 4/12/07, 3:42 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Undisclosed Vehicle History

It appears that you may have a solid claim under the Texas Deceptive Trade Practices Act ("DTPA"). First step is to get some appraisals as to the present value of the vehicle, and what it would have been worth if there was no front end damage. You may also want to get an estimate of what it would cost to fully repair the front end.

Then you make a written demand upon the seller for the higher value, and set out what went on with the salesman and what you found out.

You'd be best off engaging an attorney that's familiar with the DTPA to write the demand letter, then handle the negotiations or subsequent lawsuit.

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Answered on 4/12/07, 3:44 pm


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