Legal Question in Civil Litigation in Texas
Vehicle being sold under false pretenses
I bought a vehicle from a used dealer and he told me at the time I purchased it and also put in writing that the motor in the vehicle was a 350. I had to replace the motor a few months later and it is not a 350 it is a 305. It cost me over $2,000.00 to replace the engine and I do not feel I should have to pay anything else on my vehicle. Do I have any legal ground to stand on being that I have in writing that the motor was a 350 at the time of puirchase and it was not?
Thank You
2 Answers from Attorneys
Re: Vehicle being sold under false pretenses
You can contact the Better Business Bureau and file a report. This may create an incentive for them to work towards a resolution of the matter.
You may have a cause of action, under the Texas Deceptive Trade Practice/Consumer Protection Act (DTPA) against the car dealer.
Bear in mind that the damages would likely be the value difference between the two engines unless there were any warranties that they gave you. The fact that you changed out the engine may not apply. Read over all the documentation they gave you on the vehicle.
This website should answer your questions regarding consumer rights.
www.texasbar.com/public/consumerinfo/helpfulinfo/consumer/dtpa.asp
Re: Vehicle being sold under false pretenses
Your measure of damages is the difference in value between your vehicle with a 350 and one with a 305. You can sue for the difference in Small Claims, or you can get an attorney to bring suit on your behalf under the Texas Deceptive Trade Practices/Consumer Protection Act. Small Claims will be much faster, and less expensive.
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