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J. Brantley Durrett III

J. Durrett’s Answers

37 total

  • Car Title

    I have purchased a car for export from a dealer in Texas. At the time of sale the Dealer assured me that I would receive the title of the vehicle within 30 days. Now 60 days have passed and not title received, currently the dealer is avoiding my p...

    J.’s Answer

    Yes. You definitely have a case agaisn the dealer under a number of different legal theories. Under the Texas Deceptive Trade Practice Act (among other legal remedies), you have the right to return the car for violation of the implied warranty of title and violation of the statute for negligent or intential misrepresentation. You should act now. Hire a lawyer to advise you and make a writeen demand upon the dealer.

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  • Car Title

    I have purchased a car for export from a dealer in Texas. At the time of sale the Dealer assured me that I would receive the title of the vehicle within 30 days. Now 60 days have passed and not title received, currently the dealer is avoiding my p...

    J.’s Answer

    Yes. You definitely have a case agaisn the dealer under a number of different legal theories. Under the Texas Deceptive Trade Practice Act (among other legal remedies), you have the right to return the car for violation of the implied warranty of title and violation of the statute for negligent or intential misrepresentation. You should act now. Hire a lawyer to advise you and make a writeen demand upon the dealer.

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  • Ex Boyfriend/cosigned

    Someone I was with used me as a reference, after we broke up on a apartment complex, I didn't know until a month ago when they called looking for him. I just recently got a letter in the mail with his name on it and my apartment address, They thin...

    J.’s Answer

    There is no way to answer your question fully. The apartment could have obtained your name and address from any number of sources. If they obtained it from the vehicle finance company, your privacy rights may have been violated.

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  • Can a verbal agreement to rent property enforceable in TX?

    My friend had been renting a site from the same property owner for each of the two fireworks seasons for the past four years. He had already filed for the permits for this year, but drove by the location today to find fireworks stands that are no...

    J.’s Answer

    Most likely, the answer is no. What you have described is a custom or course of dealing between the parties. Absent other facts, the mere custom or history of temporarily leasing a property during fireworks season (approximately 2 weeks) every 6 months for 4 years is not going to create a legal obligation on the owner to provide any notice to the lessee or to continue leasing the property to the lessee.

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  • Car accident while test driving

    I took a car home from the dealership, the financing had not gone through yet but the salesman said that he would arrange for everything himself, I took the car for a drive with friends, I turned down a gravel road at night and a deer ran out in f...

    J.’s Answer

    First, you need to return the car to the dealership and advise them of the accident. Before you do, I would consult with a knowledgeable consumer lawyer in Washington. To determine your legal rights more information is needed. Specifically, what was the agreement regarding the car at the time you left with it? Who owned the car? Whose obligation was it to procure insurance? When the dealer said he would arrange for everything himself - what does that mean? Does that mean he would arrange financing? insurance? In any scenario, you are obligated for any negligence in damaging the car; however, if a reasonable interpretation of the dealer's comment is that he would obtain insurance for the car it is possible that the dealer or his insurance may ultimately have to pay for any damages to the car. Good luck

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  • Auto accident injury

    I had an auto accident, in Texas, which injured my left shoulder. I went through rigorous therapy, and regained most of the mobility, but the strenghth is way down in that shoulder and arm. I suspect that I may have a torn rotator cuff, pending ...

    J.’s Answer

    In addition to the other answers, most lawyers typically research commercially reported jury verdict and settlement reports in an attempt to find similar cases with similar injuries and prognosis to attempt to determine an anticipated value of the case. Not a science and not always accurate information is available for analysis. However, a lawyer combining this with the case facts as stated and the law can reasonable approximate an acceptable settlement value for your injuries.

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  • Total loss automobile

    I was hit in the back totaling my car, the offer his insurance offered is lower than the payoff. My car was a 2007 susuki forenza, i have not had it a year. What can i do if i feel the offer is unfair.

    J.’s Answer

    In most jurisdictions, a prevailing plaintiff can recover the market value of a car generally defined as the difference in market value immediately before and after the occurrence at the date, time and location of the occurrence. Depending on jurisdiction, the ultimate recovery can be reduced or barred based upon the plaintiff's negligence, if any. Defnese insurers are generally obligated to satisfy any judgment against its insured within policy limits. If you feel the offer is unfair, you must either convince the carrier to offer more money or go to court and convince the court to award a judgment for more money. In either case, you must convice the utlimate decision maker with objective evidence of liability and the market value of the car. Market value oif a car can be proved with an expert apprasier as well in some cases with commerical used car guides.

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