What can I do if we found the frame cracked the day of purchase?

UPDATED: Jun 21, 2012

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What can I do if we found the frame cracked the day of purchase?

I went and bought a truck today for $4400. The truck seemed to be in good condition. I took it to get freon put in,and the mechanic ended up finding a *crack in the frame itself. The vehicle can be considered totaled and I haven’t even gone to get the title in my name yet. I told the seller I want my money back and would give him the truck but he’s refusing. I’m considering taking him to court. I understand used car sales are “buyer beware” but isn’t this a non-disclosure issue? The transmission had just been replaced, so it’s impossible that the mechanic working on it didn’t notice the crack in the frame but from a cursory inspection, you wouldn’t be able to see it (and I didn’t). What are my options?

Asked on June 21, 2012 under General Practice, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, the seller of an item has an obligation to disclose to all potential buyers of the item all material matters affecting desirability and/or price paid. If the seller of the car that you purchased knew that it had a cracked frame or had been in an accident and did not tell you this before the purchase, you have a factual and legal basis to cancel your purchase of the truck and to get your money back.

The issue you need to prove if the seller of the vehicle knew that there were problems with the vehicle before the sale to you.

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