Can I sue a dealer for selling me a car with branded title if it's been repossessed?

[Cidarony]

What model Nissan did you buy in 2007 that cost anywhere close to 32k used?

Do you expect a dealer to perform comprehsive time-consuming and expensive research on every used vehicle they sell?

This was in 2007 and I purchased a 2006 Pathfinder with less than 6,000 miles on it, fully loaded.

And yes I (and the Texas Attorney General) DO expect a dealer to perform comprehensive time-consuming and expensive research on every used vehicle they sell, especially if they are touting the vehicle as a Certified Pre-Owned and listing one of the features of the CPO distinction as "the vehicle has a clear NON-BRANDED title".

Please understand - this issue is not my OPINION, it's the FACTUAL law in Texas. Check the Texas Attorney Generals website, or the Department of Transportation site, or the Texas Deceptive Trade Practices - Consumer Protection Act.

 

[Zigner]

This was in 2007 and I purchased a 2006 Pathfinder with less than 6,000 miles on it, fully loaded.

And yes I (and the Texas Attorney General) DO expect a dealer to perform comprehensive time-consuming and expensive research on every used vehicle they sell, especially if they are touting the vehicle as a Certified Pre-Owned and listing one of the features of the CPO distinction as "the vehicle has a clear NON-BRANDED title".

Please understand - this issue is not my OPINION, it's the FACTUAL law in Texas. Check the Texas Attorney Generals website, or the Department of Transportation site, or the Texas Deceptive Trade Practices - Consumer Protection Act.

Your recourse is to return the vehicle and get a full refund...but you can't do that, can you?

 

[Cidarony]

Sorry, I thought there were legal professionals on here who would give advise from a legal perspective with a basis in legal fact but it seems that all I'm getting is opinions that have no basis in law and haven't been researched.

I'll contact a consumer protection attorney directly to get the answer and will update my post with the information in case someone encounters this in the future.

In the meantime, if anyone has an answer that is based on Texas law and can cite their reference please let me know.

Thanks to all who responded for your input.

 

[Antigone*]

Sorry, I thought there were legal professionals on here who would give advise from a legal perspective with a basis in legal fact but it seems that all I'm getting is opinions that have no basis in law and haven't been researched.

I'll contact a consumer protection attorney directly to get the answer and will update my post with the information in case someone encounters this in the future.

In the meantime, if anyone has an answer that is based on Texas law and can cite their reference please let me know.

Thanks to all who responded for your input.

You are quick to act without doing your research, aren't you. If you would have read the TOS you would have been better informed. No wonder your car purchase went as it did. Purchase first. Reseach later.

 

[Cidarony]

You are quick to act without doing your research, aren't you. If you would have read the TOS you would have been better informed. No wonder your car purchase went as it did. Purchase first. Reseach later.

Do you work for a car dealership? If not, maybe you should - your attitude seems fitting.

I researched my vehicle purchase QUITE well, that's why I chose to purchase a Nissan Certified Pre-Owned from a well known presumably reputable Nissan dealership, not a "buy here, pay here" junk shop.

I read the TOS on this site when I joined in 2005.

You're right - My fault for expecting all people on this site to want to provide HELPFUL information rather than throwing out random value-less opinions (worth far less than the proverbial 2 cents).

While no one was able to answer my question some responders did seem to genuinely want to help and to them I say thank you. It's unfortunate that the arrogant, ignorant few have created a foul reputation for the others.

 

[Zigner]

Do you work for a car dealership? If not, maybe you should - your attitude seems fitting.

I researched my vehicle purchase QUITE well, that's why I chose to purchase a Nissan Certified Pre-Owned from a well known presumably reputable Nissan dealership, not a "buy here, pay here" junk shop.

I read the TOS on this site when I joined in 2005.

You're right - My fault for expecting all people on this site to want to provide HELPFUL information rather than throwing out random value-less opinions (worth far less than the proverbial 2 cents).

While no one was able to answer my question some responders did seem to genuinely want to help and to them I say thank you. It's unfortunate that the arrogant, ignorant few have created a foul reputation for the others.

Your recourse is to return the vehicle for a refund.

 

[Antigone*]

Your recourse is to return the vehicle for a refund.

pssstttt..... No can do

It is another case of I-got-the-accurate-info-but-I-don't-wanna-hear-it syndrome.

 

[Zigner]

pssstttt..... No can do

It is another case of I-got-the-accurate-info-but-I-don't-wanna-hear-it syndrome.

I suspect that nothing we say is going to satisfy this OP unless we simply ask what he wants to hear and then parrot it back.

 

[racer72]

It is another case of I-got-the-accurate-info-but-I-don't-wanna-hear-it syndrome.

He can always pay a local attorney a couple hundred bucks to be told the same thing. Maybe that would make him feel better.

 

[Cidarony]

Again, you've proven my point about making statements without doing ANY research or having ANY basis in fact.

Point 1 - I'm a girl, that makes me a her/sher, not a him/he.
Point 2 - In Texas you can consult and even hire a consumer protection attorney for this type of case at NO CHARGE. Their fees are added to the recovery you receive when you win the case.
Point 3 - All I wanted was an answer to a question that had some basis in fact rather than opinion. I was hoping to get a "yeah, that same thing happened to my cousin and the result was...blah blah blah" rather than worthless opinions about whether or not I have a case (which I already know I do).

How hard is it to refrain from providing input if you don't have anything valuable to add? I take it that you are males - love trying to fix problems without getting facts or knowing anything about the subject.

 

[swalsh411]

Your only recourse under the laws you have quoted is to return the vehicle for a refund. But you no longer have the vehicle. Do you see the problem here?

 

[Zigner]

Again, you've proven my point about making statements without doing ANY research or having ANY basis in fact.

Point 1 - I'm a girl, that makes me a her/sher, not a him/he.

I'm only going to address this, since the rest has been addressed already:

I don't care WHAT gender you are - as noted in my signature line:


Gender references shall apply equally to the other gender.

 

[pete1956]

I am really confused on the damages claim here. you made a down payment I presume and then paid on the loan for 4 plus years and still did not have enough equity in the car to be able to sell it for a profit and pay off your loan? so you quit paying ( why ? ), hurting your credit. why is this the dealer's fault? how can you prove 32K in damages when you drive the car for 4 years? then quit paying for it for months before the repossession?

there is someting to this story that we are not hearing here, but I tell you, The Judge will hear the story.
you have to prove your damages. late fees, title, insurance, plates, re-possession fees, recovery fees, interest, regular depreciation during the 4 years you owned the car, all of these are not damages.

at best, your damages are the difference of what the car is worth now with a clean title vs. what the car is worth now with a salvage title.

for a 5-6 year old car.. this is maybe 2K
not worth even hiring a lawyer for that.