Legal Question in Civil Litigation in Texas

In Austin TX. on 10/22/11 I put a cash downpayment of $3500 for a used car, from a Kwik Kar oil change/service place, and I got a written receipt stateing price/deposit/balance due. The car needed a minor repair of the temp guage which was reading HOT, I was told 2-3 days it would be ready. Then a delay of 7-10 days Then a delay of 'they shipped the wrong part, so anoth 7-10 days. Then the part did not fix the problem, so it must be the main dash electrical board= another 7-10 days. Half way through I asked for my money back and said if you get it fixed call me and maybe I will still be in the market. The owner of the repair shop was out of town and so I had to wait until he returned. Then when he was supposed to return he had a family emergency so he was/is away still. Now, today I am told they cehcked with legal and I have to take the car, which is finally fixed supposedly, and pay the balance owed. Yet after I asked for my money back they re-posted the car for sale, and it is still posted for sale... the logic being if they sell it they can give me my money. In the intitial test drive I was offered a 90 day warranty oon the car, and verbally I was told if I don't like the car they will just give me my money back. I am no longer confident in the deal and just want my money back so I can search for another car. Do I have any legal right here?


Asked on 11/21/11, 9:02 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Sue them for breach of contract. They are crooks. The amount is small enough that you can file the suit in Justice Court, where the filing fee is about $100.

You'll first need to go to the County Clerk's office to check the assumed name records to find out who owns the shop. That's the guy (or corporation, or partnership) that you sue.

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Answered on 11/24/11, 5:02 pm


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