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Amy Elizabeth Clark Kleinpeter
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Amy Kleinpeter’s Answers

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  • Can I sue a car dealership for taking away the car I thought I was approved for?

    I have never bought a new car.i was under the impression that when someone drives off the lot your approved for that car. Well I don't know what happened but after 2 days of me driving it home they ( car dealership) took it back and said I wasn't ...

    Amy’s Answer

    Yes, it is common and it is very rarely legal. Yes, you have recourse.

    The only way it was legal was if you signed an agreement (legal in Texas) that said you understood this sale was only going to happen if the dealership found you funding. That agreement, which is a standard form in Texas, also states that this agreement is only valid if there is no signed contract.

    So if you have a signed contract saying the dealership sold you the car, they can't take it back without breaking that contract unless they show they had a valid reason to repossess the car.

    Please call a consumer protection attorney. Sharon Campbell is in your area.

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  • Do I need a lawyer for a car that was sold to me with a salvage title and wasn't told it was a salvage title?

    I purchased the car from a side dealership about 3 or 4 years ago and was never told the title was salvaged,

    Amy’s Answer

    What is a side dealership?

    It is hard to know if you need a lawyer. First you should go to the dealership, show the problem, and ask what they can do about it. If their answer involved you buying another car from them, after they have cheated you already, walk away. You should know that you are free to record all conversations taking place in Texas.

    If the dealership will not take responsibility of the problem and pay you the difference in what you would have paid for a salvage title vs. a non-salvage title, you may want to talk to an attorney.

    If you bought the car 3-4 years ago and just now learned the car used to be a salvage title, you need to move quickly. The laws on statute of limitations can be harsh on many consumer issues.

    Best of luck to you.

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  • What legal action can I do to get my money refunded from a used car dealer for not meeting commitments and cheating ?

    I brought a used car from a small dealer in March 2015, I asked for a pre-buy check-up, however deceptively he told us that he can get car inspected from his in-house mechanic. Brought the car paid $ 1500 down and signed the documents. Next day no...

    Amy’s Answer

    I am a little unclear but I think you are saying you now do not have the car or your downpayment?

    Whether or not the dealership has any right to keep both really depends on very specific facts as far as what paperwork was signed, how long you had the car, and what was said about this taking the car back.

    I would scan all your paperwork, including the estimate from Firestone, and go to a consumer attorney. It is very possible there are violations of law here that you did not know about. The attorney may then be able to help you. It is also possible that small claims may be the best court for this kind of case. However, if you had the car a couple months before that return, the dealer may have arguments that they should be able to keep at least part of that $1500.

    This deal sounds like it was very unfair, but it is not clear from your facts if there are legal violations, that is something you have to still explore. Best of luck to you.

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  • Who is responsible for my transmission

    I have a 2009 Dodge ram truck noticed the transmission fluid was a little off colored took it to quit car do you have a transmission fluid change done drove the truck in their fine been driving the truck all day after the fluid change the tech cam...

    Amy’s Answer

    Where is the truck now?

    The difficult thing with your case is right now they saw the transmission problem and they are mechanics and possibly, they even still have your truck? So please try to get your truck out of their garage, if it is not already.

    Now you want someone else, a different mechanic, to look everything over and give an opinion on what went wrong here. I would suggest going to the most reputable place you can find -- someone who has been in the area for a long time and built up a good reputation. You could ask around or look on yelp to find someone.

    Also, take photographs of everything as much as possible. You can use your phone but the better quality photos you can make, the better.

    In Texas it is legal to record conversations if the other person is in Texas. That includes on the phone or in-person conversations.

    While it may seem obvious that something went wrong here and you are getting a bad deal, you have to prove that in court. That is why I am giving you all this advice about evidence and building a case.

    The other answer here already gave you advice on the rest of it. Do try and work it out with the garage (and remember you can record those conversations if they are in Texas), but if they refuse to be fair, you may be able to go to small claims court or hire an attorney. Gather your evidence and contact a local consumer attorney. Best of luck to you.

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  • I feel I was cheated out of $10,000.00 by a car dealer ship which pressured me into purchasing a truck then a car.

    Looking for certified pre-owned purchase. Within 15 minutes he arrived at my house with a 2015 Tundra 40,000.00 and a 450/mo payment. I loved the truck but never got to drive it and I said ok figuring I would have a couple days to change my mind...

    Amy’s Answer

    I am fascinated about the "arrived at my house". It is possible that this would create a 3-day right to get out of the contract. The reason for the law mandating that sales made off premises, especially at the buyer's house, have a 3-day right to cancel is that it is much higher pressure to accept the sale when you are in your house.

    I am not sure how they "cancelled the deal" but kept the downpayment of $10,000 -- is that what the $10,000 was? If they repossessed the truck there are specific rules to be followed and I would wonder if that is what was done.

    I would absolutely call a consumer attorney because your facts seem to be bigger then just you got convinced to purchase by a typical (and legal) hard sell. There is something going on here.

    Quick note though -- it absolutely seems like you are being pushed around, but you really have to stop buying these things. Make a promise to yourself to not buy anything over a couple hundred dollars without waiting on it and maybe asking a friend first!

    Do take all your paperwork and try and locate a consumer attorney in your area. Best of luck to you!

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  • Can I sue an auto insurance for false advertisements

    gave me wrong quote and will not reimburse me my money

    Amy’s Answer

    I think more information is needed. Are you saying you gave money for one type of coverage on your insurance and then you did not get that? Do you have papers that show this?

    I don't know what advertising has to do with it (it may, that is just not in your facts) but take all your paperwork from this, as well as take notes about this advertising and conversations with the insurance agent, and contact a consumer attorney to see if there is (or is not) anything the law can do here.

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  • Collection agency states that I have a balance from 2009 and that the Statute of Limitation in TX doesn't apply

    Received a call from ATG Collection (at work) stating I have a balance of $88.09 from Cash America from 2009. Told agent Tashia that the statue expired and she said that the TX statues don't apply to this loan. I asked for a validation of debt wh...

    Amy’s Answer

    If you have an address for this company, you could sue them for debt collection harassment.

    Lying to you on the phone about the statute and that you are not covered by Texas Law and that whole ridiculousness with the refusal to pay, that is absolutely a violation of law as I see it.

    If you contacted a consumer attorney and she or he took your case, usually for this kind of case the attorney would ask for little to nothing up front. The attorney's fees would be owed only after the Debt Collection company that you sue paid you.

    I would also be sure to check your credit in 2 weeks (give a cushion of time) and see if that "hitting your credit" was a lie also. If it is there, check for accuracy.

    Best of luck to you. It is so stressful to get harassing calls and at work besides! I hope you have a better rest of your week.

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  • After purchasing a used car, and having the purchase agreement in hand with promise of a clear title, can the dealership take it

    I purchased a used car. The previous owner owed more than he said and he is being forced to return his new car, and i am being forced to return my car so the dealership can give it back to him. Do I have a right not to return the car?

    Amy’s Answer

    No.

    I don't remember ever answering a legal question with one word so I"ll go on, but seriously? "No."

    I am not sure how the dealership would justify this, other then "We made a mistake and do not want to lose money." That doesn't cut it.

    Who cares how much was owed on the trade-in you bought? THe dealership has to pay that off and then if they so wish, get money back from the previous owner! Not you.

    It's very possible that the previous owner is perfectly innocent as well, this story stinks to high heaven.

    Contact a consumer lawyer. Usually your upfront costs will be little to nothing and the attorney will decide if she or he can help, then get paid at the end of the case -- when you get paid, essentially.

    Oh! So now if you do not return the car what will happen? That is impossible to say as this dealership is acting silly, so I assume they will continue this. I imagine they may try to repossess the car. They have no right so that is an illegal repossession, but it could still easily happen. Take your paperwork from the sale out of the car, but keep a copy there. It is possible the dealership could illegally report that the car was stolen so you want that paperwork in the car and at your house.

    Good luck and I am sorry you are having such a crazy situation. Getting a new-to-you car can be such a thrill but not when it comes with abuse like this.

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  • Is there something that can be done about this?

    I went to a dealership to purchase a vehicle. I took one home over night and left my truck there.not for a trade in. When i got my truck back the next day there was money and some other things missing.

    Amy’s Answer

    You may have a claim but the problem is going to be proof. I would suggest you talk to the dealership first, and write a letter as well.

    You could sue in small claims court if you wanted, but again, evidence is going to be a problem.

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  • About 5 or 6 years ago I went Trophy Nissan to buy a use car. I found a car for 12000 cash. 3 mounts later they got the car back

    The dialer that work there sold me his car, with T.N. bill of sale, and other paperwork. I bought the car on T.N. use car lot. I signed papers inside the dealership. I wan 10000 dollars from the dealer, throgh small claims court. But I haven't rec...

    Amy’s Answer

    It sounds like you have a judgment against Trophy Nissan, but you need to collect, is that correct?

    I would try and find a "collection lawyer" -- that is what you are looking for. Now that collector may take a good chunk of your money but right now, your judgment is just sitting here so it may be worth it.

    Sometimes the sheriff's office will also collect on a judgment for you. Again there is a fee but that may be a good option in this case.

    Also make sure you calculate the interest on that judgment. If the judgment is old enough, that interest may go a long way towards paying the sheriff or collection lawyer.

    Good luck! (NOTE -- I would not be surprised if once you start collecting, Trophy Nissan hires an attorney to try and overturn your judgment. Then you need to hire an consumer protection attorney. )

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