Legal Question in Product Liability in Texas
I purhcased a car the night of 11/30/2010. Returned the car on 12/02/2010, after seeing a paint defeat on the hood the next day. the car was suppose to be a " Toyoya certifed vehicle". After looking at the 160-Point Inspection sheet the section "Detailing and Appearance Repair Contification" is not checked. The salesman knew the car was damaged because they detailed the vehicle out beofre giving to me. The dealer does not want to release me from the sale and trying to put it on my credit report. I want the car removed.
2 Answers from Attorneys
This is not a product liability question. It is a contract question. Resubmit under the proper category. Perhaps you can dredge up some consumer advocate who wants a losing pro bono case. Sounds to me like the dealer is right and you were just careless in your purchase. Since the detailing and appearance certification was not checked, it is hard to see how you can think the dealer certified detailing and appearance. I side with the dealer on this one. I am also licensed in TX although I practice mostly in IL and MO.
Google "Texas cooling-off period" and you can see the opinion of the Attorney General of Texas on this.
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