Used car laws in Texas?

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Old 04-14-2014, 09:53 AM
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Default Used car laws in Texas?

My brother recently purchased a 2006 Pathfinder from a dealer in Lubbock, Texas. He purchased it as a family vehicle because he is expecting his first child in October. Anyway he has had it like 11-12 days and put maybe 300 miles on it. This brings us to the problem he had 2 days ago. I think the transmission is done. He was driving back home and all of a sudden rpm's were going up and mph were going down. He can let it cool down for like 30 minutes and it will move a few feet but then stop after maybe 5 feet. He called the dealer but they said it is an as is and no return or warranty available. Is the salesman full of it or telling the truth? Is there any kind of grace period in Texas to return vehicles or to add warranty? I know in New Mexico there is a 14 day period to return a vehicle if not satisfied. Just trying to help him out as that transmission is not cheap.
Old 04-14-2014, 09:58 AM
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I think it is a 3day period.
Old 04-14-2014, 09:58 AM
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If he signed anything that stated that it was as is and there was no warranty information in a contract, he may be screwed. I would see what others here say, but as far as I know, it is all in the paperwork. There are allot of shady businesses out there that only want to make the sale and could care less.
Old 04-14-2014, 10:02 AM
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Well I just wasn't sure if there is like a lemon law out there that could possibly save him.
Old 04-14-2014, 12:26 PM
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Make sure he checks his transmission fluid. He could take the dealer to small claims court however he would likely lose.
Old 04-14-2014, 12:36 PM
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Unless he bought a warranty he is out of luck.
Old 04-15-2014, 08:34 AM
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No lemon law in this case.
Old 04-17-2014, 12:38 PM
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Used car dealer here,

1. check the tranny fluid
2. Try to return the car, some of the better dealers will be honorable about it and take the car back in, although they are legally not required to do anything, especially if an AS-IS statement was signed.
3. If the dealer has any amount of integrity whatsoever they will at least try to have the car repaired for a discounted rate. Might even to willing to add the cost of the repairs to the term of the note, saving any out of pocket expenses.
Old 04-17-2014, 02:39 PM
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Originally Posted by Rugcleaner
Used car dealer here,

1. check the tranny fluid
2. Try to return the car, some of the better dealers will be honorable about it and take the car back in, although they are legally not required to do anything, especially if an AS-IS statement was signed.
3. If the dealer has any amount of integrity whatsoever they will at least try to have the car repaired for a discounted rate. Might even to willing to add the cost of the repairs to the term of the note, saving any out of pocket expenses.
Does it really save any out of pocket expenses, or just delay them? There are three ways to buy cars at auction for dealers. As is, with a drive, and with a three day. Get to know your dealer a little and if they buy as is it's because they buy the cheapest crap at the auction. Move on to a different dealer. If the trans repair is more than the down payment you lost, drive it back up there and forget to put it in park in front of the office.
Old 04-17-2014, 07:45 PM
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I own a used car lot. There is no cooling off period in Texas. If it was bought as is and the as is paper was signed, then there is nothing he can do.

Being perfectly honest, if a customer had my car for nearly two weeks and came back complaining of problems, I wouldn't do anything either. Before I get demonized, here is why I say that. I check my cars over before selling them, I put at least 100 miles on them. Too many people take their cars to their "family mechanic", or worse, a lube shop that doesn't have a clue, he screws it up and they try to blame me.
Old 04-17-2014, 08:41 PM
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Sorry
Texas used car law is as-is unless otherwise agreed to.No warranty means just out of luck.
Old 04-18-2014, 01:29 PM
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Originally Posted by codyvette
Does it really save any out of pocket expenses, or just delay them? There are three ways to buy cars at auction for dealers. As is, with a drive, and with a three day. Get to know your dealer a little and if they buy as is it's because they buy the cheapest crap at the auction. Move on to a different dealer. If the trans repair is more than the down payment you lost, drive it back up there and forget to put it in park in front of the office.
Well delay would have been the word I didn't include. But being the dealer and coming out of pocket myself to finance the repair is definitely offering a helping hand. And honestly it is all in the behavior of the client, if they are civil I am usually inclined to be more helpful, truth is even with intense mechanical inspections, we cannot see the future, and things do happen.

To elaborate on what the other dealer said, A customer can do a lot of damage to a vehicle in 11 days, not saying that is the case, but I think we have all had scenarios where a customer intentionally damaged a car in hopes of returning it.



As far as buying at the auction, As-Is is usually determined by price and mileage. Anything with over 150k or less than $2500 is as is, anything that is outside of those conditions AS-IS or "redlight" we know that something is wrong, and will either avoid bc of an unknown problem, or try to buy and repair if we are familiar with the problem and are able to purchase the vehicle factoring the expense of the repair.



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