Legal Question in Consumer Law in Texas

We brought our car back to the dealership this Monday (06/14/10) for repairs due to the the CPU not working. The car loan payments are up to date (we had it since 10/2009). We just need to pay for the repairs ($350 - but the car is not ready yet), however, they have the car advertised for sale in the local ad. Is this legal? What do we need need to do in the event that they refuse to return the car to us?


Asked on 6/15/10, 9:23 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

No, they can't legally sell your car.

You should take a good close look at the ad; it may not be your car. Or maybe they just use the same ad over and over, not bothering to change it after they've sold a car.

If they refuse to return your car, you sue them for breach of contract and fraud and deceptive trade practices.

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Answered on 6/16/10, 6:01 am


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