I bought a car from a mechanic out of his shop I had the car less then 24 hours and the transmission blew. He told me that truck was in excellent condition and that he fixed everything on it except the windshield and air conditioning and that would be as is. when i called him and told him he sold me a lemon car he said he would fix it, but 5 weeks later he still has it and says it was an as is sale and he will get to it when he gets to it what are my legal rights with him?
It might make a difference if the mechanic sells enough cars in a year to have to have a car dealer license. If he does but isn't licensed, that could open up some new arguments for you to make. Regardless of that though, he is still a merchant in the business and made specific representations to you to induce you to purchase the vehicle. Whether or not there was a written sales contract could make a difference too since that might have "as is" or something on it about his promises or lack of any. If it is all oral, then it is his word against your word. The fact that he said he would fix it, goes to show that there were representations made about the condition of the vehicle. Some state laws say that oral representations are like warranties and binding, albeit harder to prove. Your state has a Udap law too and that generally makes it illegal for a business to do anything that is deceptive in dealing with a consumer. You can see that all of this can get complicated. And the law can be a little different from state to state too. That's why you need to talk to a Texas car sales fraud lawyer near you like Amy Kleinpeter or Kevin Le or DaSean Jones. Their contact info and that of a dozen other Texas car sales fraud and lemon lawyers is at a Free Online 50 State National List of Consumer Law Lawyers, click on the link below and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com
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