Deceptive Trade

[chauncey005]

What is the name of your state? TX

I bought a used vehicle, As Is, over Ebay in Houston, TX as reported w/ no problems. I flew to Houston to pick up, dealer assured nothing was wrong. Vehicle broke down 1/3 of the way home. Reported to Atty. Gen., investigator found that dealer bought from auction and it came through as air bag deployed and frame damage. Question is, do I have grounds to sue under Deceptive Trades Practices Act, if so, do you know a good lawyer in Houston?

 

[shortbus]

Since you bought the car "as is" and thus assumed the risk of any problems, I'm not sure why a lawyer would take your case.

 

[chauncey005]

Yeah, I thought the same until the TxDOT investigator told me:

The Element of Knowledge or Intent
The DTPA makes many practices illegal without requiring proof that the defendant intended to do something wrong or illegal. Unless the section involved requires otherwise, the consumer is not required to prove that the defendant ":intentionally" or "knowingly" violated the DTPA. This makes it easier to prove a violation of the DTPA, and provides a strong incentive for sellers of goods and providers of services to refrain from engaging in the prohibited acts and practices.

Nevertheless, the DTPA provides that if a defendant acts "intentionally," the judge or jury may award the consumer "additional damages" in an amount not exceeding three times the actual damages suffered by the consumer.

If I was never told that something was damaged when he KNEW that it was would, in effect, follow this Act.