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Do i have a case? I'm desperate

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SleepersOwn

Junior Member
Tx state resident question. I know this is long but please bare with me as i'm going through a trying time and don't have the money to replace what has been spent...

Hello, i'm new to the site and am here with the hopes of trying to find a way to get my problem resolved. First I currently reside in denton, tx. I moved here the 22nd of feb and within a week purchased a vehicle through a dealership called MSM WHOLESALE in Richardson. The car was $1500 and i asked them what was wrong with it, they said nothing. The car runs great except for the headgasket that was getting fixed while i stood there. The car looked to be in good shape, as i know nothing about cars and don't know any mechanics i had only their word and my gut to go off of. Well, when i took the car for a drive the a/c wasn't blowing cold enough so i asked them about it. They said the compressor was probably bad and would have to be replaced. I guess this is where i should have seen the error of my decision.

I agreed to pay for getting the parts to get the a/c fixed for $250 and brought the car with paying $230 for taxes and title. They hold the car at the shop for a few days until i'm able to get there. Now i take it on another road test to see how it goes with the a/c...still crappy. I allow them to hold it again to fix it. Now the third time i come back the a/c is blowing somewhat cooler and i took it as the car not being fully operating temperature so i took it on the highway. Come to find out ( as i never drove the car on the highway ) once i go over 50mph the car shakes as all hell is about to happen. I immediately slowed down, i was already kind of far from the shop so i just took it home to see what a different mechanic would say. Turns out i have a loose inner tie rod on the drivers wheel that needs to be replaced. As well as i need new tires. Whole thing would cost me $280 for the tie rod replacement and however much new tires would be. I call up MSM and tell the manager about both problems ( my a/c still wasn't fixed properly ). She says just bring it back in and everything will be fixed. Great, i pray before leaving and drive 50mph all the way back to Richardson ( basically if the tie rod was to snap on the drive, the wheel would be locked in whatever position it was when it snapped and i would be screwed ).

Call them up yesterday and talk to the mechanic that worked on it. He said it's ready. I ask are both problems fixed, he says " The a/c is blowing cold and we gave it an alignment ". I ask him if he has driven the car and he says yes. He continues to say how it shakes badly over 50mph. So i say ok then, does it still do that ? He complies, i ask, well what was fixed then ? He says the manager said she wasn't going to spend anymore money on it ( or something to that effect ). I ask to speak to the manager, shes not in. How conveinent. I ask him, does he think it would be right to sell someone that car. He stutters and says he's just a mechanic. I ask again, he replies. No, it's not.

Now that you've read my problem i ask for any advice on what i can do. I don't even want the car anymore because if they say they're going to fix it i really don't trust them working on it. I really just want my money back spent on it and be done with them. The buyer agreement paper i have does not have the sign " As Is " checked off so i think there can be something done in my favor. It's one thing to sell a car that is unreliable and pass it off, but it's another thing to sell a car that is UNSAFE. I could have died driving either way or worse, taken out a family when crashing. I haven't spoken to the manager yet as i've just tried to call yesterday and wanted to get some advice on what i can do before i call her back. Can i just get my money back and be done with it ? I brought the car on the 28th of Feb, it's not even a month old yet and it's been in the shop more than i've sat inside it.

CLIFFS: Brought car. Car is highly unsafe to drive on roadways. Want money back in full for purchase and parts. Do i have a case ? PLEASE HELP ME !!!!
 


Dandy Don

Senior Member
Talk to your local TV station or attorney to see if they can refer you to a local specialist on consumer affairs law--your state has "lemon laws" to cover your situation and there is a procedure you must follow to get the dealer to behave correctly. Or visit the website of the Texas State Attorney General and their office can help you.
 

JETX

Senior Member
SleepersOwn said:
Car is highly unsafe to drive on roadways. Want money back in full for purchase and parts. Do i have a case ?
You really are desperate if you listen to Dandy Dunce!!
He is a legal idiot who scams people out of their money by claiming that he found 'unclaimed property'!!
Dandy Dunce is too ignorant to know that Texas lemon laws (like most states) would NOT apply in this case. They only apply to new vehicles.

From the Texas Dept of Transportation consumer handbook:
"The Lemon Law applies to new vehicles (including cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles (TRVs), and neighborhood electric vehicles) purchased or leased from a Texas licensed dealer or lessor that develop problems covered by a written factory warranty. Demonstrator vehicles are also considered
new vehicles.
The law does not cover used motor vehicles (including program vehicles), repossessed vehicles, non-travel trailers, boats, or farm equipment."
ftp://ftp.dot.state.tx.us/pub/txdot-info/mvd/lemon/2004lemonlaw.pdf

The ACCURATE answer to your question is....
No, you have no case against the seller. Simply, you allowed yourself to be conned by not doing your 'due diligence' and getting the vehicle inspected BEFORE you purchased it. Google 'caveat emptor'......
 

Dandy Don

Senior Member
Thank you JETX for your more accurate answer to this question. But there is no need to slander me with your false accusation, so please edit your response to delete your incorrect accusation. You do not have the name of anyone I have supposedly "scammed" because I have never scammed anyone and you have no proof of such.

By the way, the phrase "to ignorant" is misspelled--the correct spelling is "too".
 

ceara19

Senior Member
Dandy Don said:
Talk to your local TV station or attorney to see if they can refer you to a local specialist on consumer affairs law--your state has "lemon laws" to cover your situation and there is a procedure you must follow to get the dealer to behave correctly. Or visit the website of the Texas State Attorney General and their office can help you.
There were NO laws broken. The OP won't be able to find ANY media outlet willing to set themselves up for a lawsuit just because he did not have the car inspected BEFORE buying it. The entire situation could have been avoided had the consumer used just a little common sense and realized that used car salesmen LIE.
 

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