Legal Question in Civil Litigation in Texas
Stolen property
I purchased a Certified Pre-owned vehicle 4 weeks ago. While at the dealership being serviced for minor repairs; the vehicle has been stolen. What should the dealership offer to remedy the theft? What is my legal recourse if a remedy isn't offered?
2 Answers from Attorneys
Re: Stolen property
You should get a vehicle of same or similar type, same or similar value, same or similar condition. Don't let them try to tell that the vehicle has depreciated or whatever. They lost your specific vehicle. If you don't know how to do this, get a lawyer. Do not think that they are going to help you.
Re: Stolen property
Unless you were subject to some contract provision with the service dept. (those small print estimate sheets they usually make you sign before they start to work on your car), then you have recourse. Without an agreement to the contrary, when you handed your auto over to the service dept., that's a "bailment" in legal jargon. For purposes of this discussion, the bailment means that the service dept. is responsible for the theft of your vehicle. There may be other ways to get after them - i.e., negligence, Deceptive Trade Practices Act, premises liability, and so on. You should probably hire a local attorney if you can afford it. Hope this helps a little.