Can I sue the car dealer for misrepresentation?

Asked over 1 year ago - Houston, TX

I bought a used car as is. The car was popping out of 5th gear. The dealer said it was a minor problem that could easily be fixed with $300 or less. I picked up the car the next day took it to the mechanic and he determined that the final result was internal transmission problems due to lack of oil in the transmission. I tried to return the car but the dealer would not accept. The dealer said he could have a mechanic fix it for $300 and he would pay the rest if it was more. There is no way you can rebuild a transmission for $300. I ended up paying $3600 for a rebuilt transmission. I want to sue for the cost of the transmission because the dealer misrepresented the facts of the car.

Attorney answers (3)

  1. Brian Heath Crockett

    Pro

    Contributor Level 16

    Answered . You may have a case. The biggest issue is whether the dealership has any money to pay a judgment. Their defense is going to be that they would of fixed it for $300 and you refused to let them. Good luck.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more
  2. Don Karotkin

    Contributor Level 16

    Answered . Yes, you can sue the car dealer. The Texas constitution guarantees all citizens free access to our courts. This means that anyone can sue anyone, at any time, anywhere, for any reason, for any amount of money and without first proving anything to anyone. However, filing a lawsuit and winning one are two entirely different things. Winning a lawsuit and actually recovering some money are also two entirely different things.

    When you buy and item "as is," that means there are no warranties, either express or implied. Accodingly, unless the seller made an actual misrepresention of a material fact, e.g., "the transmission has plenty of oil and operates just fine," you are very likely out of luck. Expressions of opinions, e.g., "hit car works wlll and is agood value," generally won't get you anywhere. You can probably count on a swearing match over what the dealer said to you about the car.

    You will need a lawyer to have any chance of pursuing this sucessfully and recovering some money.

    Good luck.

  3. Scott Richard Kaufman

    Contributor Level 20

    Answered . Sounds like a nice case against dealer. Try someone off of the following lists for help.

    http://www.calemons.com/national-locator/

    http://www.calemons.com/

    http://www.naca.net

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