Legal Question in Business Law in Texas

Good morning,My name is Amber, I have a question. I am trying to purchase a car. I had towrite a 'hold check' due to insurance complications. the car they sold me broke downthe next morning after I took it home. They towedit in and supposedlyfixed the problem. meanwhile they let me use an other used car as a loaner. whiledriving I noticed it knocking in the front onthe drivers side like a ball baring was going out. they called and said the car was fixed and I could bring back the loaner. i got the original car and it brokedown the very next morning. by now im very upset! They towed it in and theytold me I had no other optionbut to take the loaner. no papers were signd and I didnt take the loaner that day. the next day they called and said you need to come pick up your car and bring us cash money. now my question is since I wrote a 'hold check' havent signed papers for this car. dont want the loaner due to the fact it has a problem... can I legaly stop payment on the check and get out of buying this car?


Asked on 12/31/11, 7:57 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

They're trying to rip you off.

Put in a stop payment order on your check.

Write them a letter (a PAPER letter - get off your cel phone; stop "texting") and tell them that they have breached the contract and that you don't want to do business with them. Tell them that you put in a stop payment order on the check.

Date the letter, and keep a copy.

If they call you, demand that they put their communications IN WRITING, and hang up. DO NOT TALK TO THEM ON THE PHONE.

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Answered on 12/31/11, 10:32 am


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