The misrepresentation or knowing failure to disclose information about vehicles that are to be sold generally results in the consumer purchasing a "crappy" car, or a "lemon". In other situations, the consumer pays their hard earned money towards poor, incomplete, or substandard services. All too often the seller knows about the misrepresentation or faulty repairs, but does not reveal these issues to the consumer. Ultimately, the seller makes money at the consumer's loss.
Many people view the situations as violations of the "Lemon Law". However, the "Lemon Law" applies to the new vehicles under warranty, not used vehicles. In fact, Texas lemon laws require a few attempts to repair the vehicle before it is declared a lemon. Or the vehicle must be inoperable for 30 days during its first two years of use or first 24,000 miles. If you have a "lemon" you need to file a claim within 180 days of the expiration of the (1) of the warranty, (2) 2 years of the delivery date, or (3) 24,000 miles. Once these dates have passed, the "lemon" law no longer applies.
Nonetheless, consumers still have remedies against these Unfair, Deceptive Abusive Acts or Practices better known in the consumer world as ("UDAP") claims. If you or someone you know has been a victim of an unscrupulous salesperson, whether it be cars, homes, commercial equipment, boats, etc. give us a call.
By: DaSean A. Jones | 832.374.1598