If you bought a vehicle “as is” but the dealer not disclose that it had a bad converter, can you sue?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If you bought a vehicle “as is” but the dealer not disclose that it had a bad converter, can you sue?

We purchased a used pickup truck at a car lot “As Is”. When we went to get it inspected about 7 months later it failed. So we took the it to a shop and they told us that the catalytic converter had been opened, debris removed and welded up shut (you could see the bead of weld). Now we were told the truck needs new 02 sensors and a new converter. The vehicle will not pass an inspection.

Asked on October 14, 2011 under General Practice, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Texas does have a series of Lemon Laws that protect consumers when they buy defective automobiles.  However, the term "As is" for used cars, is usually held to mean exactly that-- "As is."  I'm assuming from the some of the issues that you're having with this vehicle, that it was a used vehicle.  The Texas Lemon Laws provide more protection to consumers who purchase newer cars that are still under warranty, rather than older cars purchases "as is."  This doesn't mean that you don't have potential remedies, just that they will be more narrow.  If the truck you purchased is a newer model, used truck, and is still under a manufacturer warrant you may be able to evoke some provision under that warrant to help you.  If the warranty has expired, your only other option may be to file a fraud claim.  It would be interesting to see how this vehicle managed to pass inspection before with these issues.  You should be able to track down who did, or did not, inspect this vehicle.  If the inspection sticker was tampered with, you will have a stronger fraud claim because the sticker is a specific representation (and a government record which cannot be tampered with).  Even though satisfying, the cost of a lawsuit may cost more than the amount of money that you need to fix the repairs... so do a balancing test before you decide to file.  You may also be able to file consumer complaints, for free, through consumer protection agencies like the Texas Attorney General or the Texas Department of Motor Vehicles.  Even though these agencies will represent you for free, their response time tends to be a bit slower.  A private attorney can probably get something moving a bit quicker.  Even a demand letter from an attorney may be enough motivation for the dealer to at least meet you half-way in getting the vehicle repaired. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption