What can we do to make this contract null and void?

Asked over 2 years ago - Dallas, TX

Oct 5, 2011 he bought a used car and they wouldnt approve the loan (the car place finance) unless I co signed. I offered up my disability papers because I have a brain injury and bad heart (100% disabled by a judge). They refused to see them. On Nov 11, 2011 the car died. The guy who sold us the car wouldnt let us have the one we wanted. So we took this car. The seller said that nothing would happen to the car and if something did they would work with us. I specified we need a debendable car to make it to school, work, and my doctor appointments and testings. I didnt catch on to the extra paper they made me sign when I signed away my truck. Also his work lied to the car people so I also co signed the contract on that lie to.

Attorney answers (2)

  1. Brian W. Erikson

    Pro

    Contributor Level 18
    Best Answer
    chosen by asker

    Answered . Even if you purchased the vehicle "as is," the seller still has to disclose known defects, and can be liable for fraud or misrepresentation as to the vehicle's condition.

    You may have purchased a "lemon." For more about the Texas lemon law, you can review the following web site from the Texas Department of Motor Vehicles:

    http://www.txdmv.gov/protection/lemon_law.htm

    0r

    http://www.carlemon.com/lemon/TX_LemonGuide.html

    But, if the dealer is refusing to repair the vehicle, you probably have an out and out fraud or misrepresentation case. You may also have a deceptive trade practice claim under the Texas Deceptive Trade Practice Act, Texas Business & Commerce Code sections 17.41, et seq. ("DTPA").

    I would write a letter to the dealer and demand that the dealer take the vehicle back and rescind (rip up) the sale. The letter should go by certified mail, set out your side of the story, and demand that the dealer resolve this matter. If you have a DTPA claim, you would have to notify the dealer of the claim. Proper notice under the DTPA generally requires help from an attorney.

    If the amount you paid for the vehicle is less than $10,000, you can sue in small claims court. If you financed the purchase with the dealer (the dealer is the lender), you may be able to dispute liability for further payments, or pay the money into the court's registry to avoid being in default. If the lender is a third party, and you don't make payments, the lender can declare you in default, and report a negative credit history to the credit reporting agencies. So, you may consider making the payments under protest while the matter with the dealer is being sorted out.

    The dealer may have posted a motor vehicle dealer's bond against which you can make a claim. For more information on motor vehicle bonds, you can review the following web site:

    http://www.jwsuretybonds.com/surety-bonds/comme...

    The Texas Attorney General may have an open investigation for the dealer. To make a complaint against the dealer with the Attorney General, you can visit the Texas Attorney General complaints web address:

    https://www.oag.state.tx.us/consumer/complain.s...

    Good luck.

    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as the best answer. Thanks.

  2. Barry Lawrence Aaron

    Contributor Level 9

    Answered . I would say you've got real problems...This looks to be a classic "he said, she said" scenario. In other words, all the signed, WRITTEN agreements here favor the seller, not you.
    If you co-signed the loan, and the vehicle was sold "as is" -- without any warranty, then you will be stuck with the repair bill. Perhaps if this was a purchase from a dealer, and you can show that the dealer knowingly misrepresented the condition of the car, you might have a shot. The general rule in these cases, however, is "Caveat Emptor"...meaning "Let the buyer beware". Sorry.

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