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used car dealer non-disclosure

On Lawyer & Legal » Consumer Law & Fraud

2,180 words with 1 Comments; publish: Tue, 16 Aug 2005 20:36:00 GMT; (800113.28, « »)

The state is: Texas

I purchased a 2003 car on July 31, 2005. The car was presented as being in EXCELLENT condition. After it was washed, it was found to have been repaired previously, and has a very low-quality paint job which is now blistering and peeling. What is my legal recourse against the dealer who did not disclose this information to me, and is now refusing to do anything about this?

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    • http://www.ftc.gov/bcp/conline/pubs/autos/usedcar.htm states:

      "The Federal Trade Commission's (FTC) Used Car Rule requires dealers to post a Buyers Guide in every used car they offer for sale. This includes light-duty vans, light-duty trucks, demonstrators, and program cars. Demonstrators are new cars that have not been owned, leased, or used as rentals, but have been driven by dealer staff. Program cars are low-mileage, current-model-year vehicles returned from short-term leases or rentals. Buyers Guides do not have to be posted on motorcycles and most recreational vehicles. Anyone who sells less than six cars a year doesn't have to post a Buyers Guide.

      The Buyers Guide must tell you:

      whether the vehicle is being sold "as is" or with a warranty;

      what percentage of the repair costs a dealer will pay under the warranty;

      that spoken promises are difficult to enforce;

      to get all promises in writing;

      to keep the Buyers Guide for reference after the sale;

      the major mechanical and electrical systems on the car, including some of the major problems you should look out for; and

      to ask to have the car inspected by an independent mechanic before you buy.

      When you buy a used car from a dealer, get the original Buyers Guide that was posted in the vehicle, or a copy. The Guide must reflect any negotiated changes in warranty coverage. It also becomes part of your sales contract and overrides any contrary provisions. For example, if the Buyers Guide says the car comes with a warranty and the contract says the car is sold "as is," the dealer must give you the warranty described in the Guide."

      I don't know if this helps at all, but there it is.

      #1; Wed, 17 Aug 2005 11:36:00 GMT