My question involves a consumer law issue in the State of: Texas
I purchased a vehicle back in March of 2007 in the amount of 8,554
This person has a shell gas station and sells vehicles on the side in the same parking lot & at the time had a dealers license. I found the car up for sale on ebay and then got directions to come take a look at the car.
I test drove the car and everything seemed fine. When I asked him if the vehicle had ever been involved in a wreck or had frame damage he told me that it never had been an accident and was a clean title.
Well just the other day I went to take it into a dealership to get it appraised as I was thinking about trading it in for a newer vehicle (was a 2000 Toyota Celica that I bought from this guy).
The dealership then told me that he couldnt trade this vehicle as he ran a report on "AutoCheck" and it showed that the vehicle had "frame damage" then he asked me if I had known about it and I told him no, I even ran a Carfax report on the vehicle before I bought it and came back as clean with no accidents. Come to find out carfaxs buy back guarantee is only good for 1 year after a year the guarantee expires.
Well I call up the shell gas station where I bought it from and speak to a guy named Aimad and he tells me it was a tenant at his station and they closed down and are no longer in business and he never heard of them.....
So I called DMV and let them have the dealers license number and come to find out Aimad the one who I spoke to was the registered owner for that business....when I called him up and asked him why he lied to me about not owning the place he hung up on me.
I then did a background check on this guy and come to find out he has changed his name 8 different times! Well I got all my documents and went up to the place as he was avoiding me. Let him know that when I bought it he said that there was no accidents and didnt have frame damage on the vehicle! Not to mention he closed the dealers license down and changed his name! Asked him why and what he was hiding from, also he still has vehicles outside all around his gas station for sale! Asked him why he didnt have a dealers license for all those vehicles that he is selling! He wouldnt answer me on anything.
So now I sent him a certified letter stating that he had 48 hours to meet to my demands or I would take him to small claims court...and the 48 hours are just coming up...still no response from him. So I will have to go on Monday to file the claim against him.
I found out that I needed proof that he had known about the vehicle having frame damage and I did! When you pull up my vehicle history report it shows "Sold In Auto Auction disclosed as vehicle with frame damage" which is where he bought it from! So he knew very well that it had frame damage on this vehicle and still didnt disclose this to me!
Now...what am I looking at in court is this an open and closed case since I have proof he knew about it and didnt disclose it to me? Also by law in Texas is he supposed to let me know it had frame damage or have me sign something saying it has frame damage? On our buyers invoice that I signed it shows the clause "buyer beware" sold "as-is" does that protect him against not having to let me know that it had frame damage?
Thanks for your help!