Bought my wife a car from a used car dealer in March 2013. After getting it home she says it has a strange noise coming from the front end and isnt driving very good. She calls the dealer and they tell her to bring it to their mechanic and gave her directions how to get there. So her and her dad drive the car to "mechanic" who is located out in the middle of nowhere. He says it could take several weeks before he could get to it so they drive it back home. About 2 1/2 weeks later my wife is coming home from work in the car, loses control, does 2 360's, crosses 3 lanes and gets hit in the drivers side door breaking her pelvis and causing serious concussion. After looking through the car i find the left front tie rod broke in half. Carfax later shows 2 prior wrecks that the dealer lied about
I asked the salesman 5-6 times if it had ever been wrecked and she told me no. Also a friend of mine who owns a very reputable body shop does not believe that the tie rod was damaged from the wreck. He believes it was the cause of it. And she was also cited for failure to stay in a single lane meaning she was at fault. These are all the facts. Thanks
1- You are calling the wrong lawyers who know nothing about consumer protection law;
2- The wreck may have caused the tie rod issue?
Still, an undisclosed prior wreck IS a good case in TX under its deceptive trade practice law. Call Dana Karni FIRST in Houston and tell her I said hello.
You should locate a good personal injury and/or consumer lawyer in the Houston area. If your facts are as represented, you could have claims including breach of contract, violations of the Texas Deceptive Trade Practices Act, and fraud or fraud in the inducement. As astutely noted by the prior commentor, the success of your case is likely to revolve around the issue of the tie rod and when it broke and what the cause of the accident was. A good attorney will be able to guide you through these issues and retain experts to help explain these facts to a jury. You should save all of your correspondence and dealings with the car dealer, all doctors bills and any information provided by them, and correspondence with law enforcement or insurance personnel to help you adequately present your case.
Answers to questions are for general purposes only and do not establish an attorney-client relationship between the commentor or any other person reading the response whether it was the original requestor or any other person. The answer is based upon the very general understanding of the question as written and takes it at face value. For detailed and specific guidance, please consult your attorney or contact an attorney or other appropriate professional directly.
Retain a local "consumer law attorney" to resolve this for you.
Insurance Law Lawyer
Consumer law attorney in your state should be able to help
Lemon Law Attorney
You need to contact someone experienced in consumer law. Here is a list of consumer law attorneys by state: www.UsLemonLawyers.com. Scroll down to Texas and you should be able to find someone that can help you there. Good luck.
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
A prior non-disclosed wreck could absolutely be a basis for recovering under consumer law under the Texas Deceptive Trade Practices Act. You should contact a consumer/DPTA lawyer in the Houston area to help you with your claim.
No attorney-client relationship is established by S. A. Hayden Briggle's or Briggle & Polan, PLLC's reply to your query on AVVO. The reply provided is general in nature and should not be construed as specific legal advice under any circumstances. The only manner in which an attorney-client relationship can be established with S. A. Hayden Briggle's or Briggle & Polan, PLLC is through a written fee agreement signed by S. A. Hayden Briggle's or Briggle & Polan, PLLC. If you wish to speak with us further, please call us at 512-472-1926.
General Practice Lawyer
The Texas Deceptive Trade Practices Act covers situatuions just like this one. You may be calling the wrong "types" of attorneys. Meaning--you may be calling attorneys who focus on persoanl injury law and not consumer complaints. These attorneys would likely be unfamiliar with the specific statutory language of the DTPA and your available remedies under it. Contact an attorney who specializes or focuses on consumer protection issues.