Legal Question in Consumer Law in Texas

So i just bought a used 87 cadillac from a small car lot in cleburne, tx. When i first went the car was broke down with a bad transmission. We agreed that he would install a new rebuilt transmission, new ragtop, new paint, and add wire wheels. I gave him $2400 to get started and was given a receipt that just says "put toward 87 fleetwood will paint, new transmission, etc." i didnt sign anything then but he told me if i didnt like anything i would be given my money back. So i go almost a month later, (suppose to take 2 weeks) which is yesterday, to pick it up. it looks good, sounded good, drove it for a little (since i had to get car insured prior to getting it) and it seemed fine i guess...okay now....so i drive it from cleburne to dallas, park it in a garage. next morning i pull it out to take it to the insurance agency so they can take pictures, and notice theres some oil drops on the floor..when i get to the insurance agency and park it starts leaking coolant. so after i finish there i take the car to an auto shop and get a 30 point inspection. Turns out the cars intake manifold, radiator, and a couple other places all have leaks. a couple of other things which were documented as well. The main concern is the intake which they say has been leaking for a while and is very costy. Now the salesman assured me many times that the car had no leaks what so ever and nothing needed to be done which is certainly not the case...so the problem is that when i went to get the car i had to sign the contract or whatever and included that as-is paper and other stuff. And according to them, of the 2400 i gave, 550 goes to ttl and 1500 of that is the down payment which is for the interest and then the 350 thats left goes towards the cash price. Which was very confusing to me then and i am now starting to realize that it prob wasnt very smart for me to agree to that. now i try to contact them today but no answer so will be goin back to cleburne monday to see what happens. If they do not agree to fix the car, or work something out as far getting my money back ( which i doubt right about now and is why i am asking here), what can i do or what should i do? or do they have to do one of the two? Any advice is appreciated


Asked on 2/27/10, 11:45 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Sue them in small claims court (or Justice court) and let the Judge, or a jury, figure it out.

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Answered on 3/05/10, 7:38 am


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