Here's the deal. My brother sold his Mazdaspeed Protoge to some dude in Dallas (actually his daddy). Literally, the same night of the purchase, the dude calls my bro AT MIDNIGHT telling him that the engine went pop. The dude tells my bro that he was doing 35 in 3rd gear. Then he has his daddy call my bro to threaten him. Says he's gonna take it to a mechanic or whatever.

Anywho, now the dude's dad is saying that there's some law in Texas that you have 3 days for a refund or something like that. Is this true? What are the conditions for this law (if it does exist)? And I thought if it was a sale through a private owner, you accepted the item AS IS?

 

not sure bout TX but here in missouri its as is , my impression thats how it is for all or else those tiny lots on strips in TX would be done for .

 

I could see trading it back in to a dealership. But sold outright, nah he's outta luck. its sold as is

 

sold as is.... its a private sale not a dealer sale...

 

that's what I was thinking too. Seriously, how do you go pop in 3rd gear going 35mph? Dude's lying his ass off. He must of dogged the crap out of it trying to impress some F&F chick at a meet lol.

 

Texas law is three days on a car purchased from a dealership. Lets google it for car sales shall we...

Insert hold music...

Used Vehicles

Used vehicles are not covered by the Texas Lemon Law, but used car purchases are governed by the Deceptive Trade Practices - Consumer Protection Act. For example, it is illegal under the Act for a car dealer to entice customers to buy cars by falsely advertising that the dealer is going out of business. It also is illegal for the dealer to make false or misleading statements regarding the reasons for a price reduction. A dealer also may not try to get a consumer to buy a vehicle by failing to disclose information about the car which, if known, would make the consumer unwilling to buy the car. For example, any car that was returned to a manufacturer after a hearing under the Lemon Law must include a notice providing this information to any potential buyer.

The only warranties that accompany a used vehicle are those expressly provided by a dealer or an unexpired manufacturer's warranty. Therefore, it is extremely important for a consumer to thoroughly inspect a used automobile before purchase, and discuss whether the car is covered by any warranty. Federal law requires that all used cars sold through dealers must indicate on the buyer's guide or window sticker whether the car is being sold with or without a warranty. The buyer's guide should clearly state whether the vehicle is being sold "as is" (without any warranty) or "warranty" (with the specific provisions of the warranty listed on the window sticker). Consumers should closely inspect the tires, suspension, engine, drive train, steering, brakes, and interior. In fact, it is probably wise to have a mechanic conduct the inspection.

Because used vehicles are "used," the number of miles a vehicle has been driven is important. Vehicles with lower mileage typically are more valuable than those with higher mileage. Federal and state laws prohibit a seller from rolling back or changing the number of miles on an odometer. Under Texas law, the seller of a used vehicle is required to state on the title assignment the total number of miles the vehicle has traveled. A consumer should get a copy of the odometer statement before signing a contract and if the odometer reading seems suspect, he or she should check the odometer statement that the current owner received when the vehicle was purchased.

This is clipped from the answer here: http://www.weblocator.com/attorney/tx/law/c05.html

 

neat info to know

 

long story short....that law doesn't apply here. Thanks!

So here's part deux of the story as my brother told me. The dude's dad put a "stop payment" on the checks. Can my brother sue him for the money?

 

wow...i think id call the cops over that...he took your car..then canceled his check ?? sounds almost like an auto theft ...would definetly call a lawyer, he cant just NOT PAY you cus he broke the engine after he bought it....the ONLY case he could have against you is if you sold him the car under false pretenses..aka..you told him the engine was good although you KNEW it was about to go..
up to you............personally id sue his ass for the money or call the cops and have them go pick up my car and have your lawyer send him a bill for repair

 

Yea I would sue for damages and recollect the car. Also I know it is too late now but I would not have changed possession of the vehicle without that check clearing first. That was his fault and the dad took advantage of that.

 

That sucks. That is also why they say never take a personal check.

 

As everyone else has said so far, I would have made them bring you cash, or at very least have them wait until the check cleared to pick up the car. However, under Texas law, there is no guarantee upon privately sold merchandise, including vehicles. This is why it is dangerous to buy from a private owner. Technically, you could have even told him everything was perfect and it wasn't. That is not your responsibility. If that had been the case, it is their assumption that you know what you are talking about. They should have taken it to a mechanic to have it checked out if they suspected anything prior to purchase. This is the same as if your vehicle had an illegal setup upon purchase and they were pulled over after purchased and the vehicle was impounded due to the illegal equipment. This is not your fault and there would be nothing they could do to you about it once the money and title have changed hands. I would definitely give them one last chance to clear the air. If they refuse, be sure to tell them you will be filing a stolen vehicle report with the local police and filing a lawsuit if the vehicle is not returned in working order upon the police finding it. This should incite them to change their mind because grand theft auto is not taken lightly here. I would definitely go this route, for one to give them the option to pay up, per say by the end of the week or 24 hrs. Also, by filing it as a stolen vehicle, which you have the right to do since they canceled the check after taking possession of the vehicle, they will be arrested and the vehicle taken from them. Then, after they are arrested, you file the lawsuit that they have damaged your personal property in the amount of $_____ and request twice that amount due to pain and suffering from the time lost in all of this process. happy suing!

Very true, that is also why places online will not ship your product until payment clears. However, there is plenty that can be done, see my post above as I have friends that have had to do this before.

 

That's why you let the check clear before you give him the keys.

 

wasn't my fault. I wasn't the one selling the car. Although I do agree, my brother gave him the courtesy of waiting because supposedly the dad needed to wait for his 401k to clear first.

 

The really scary and funny part is that this is a totally legitimate way of proceeding. Free engine yo.

 

looks legit to me...id do it just cus he canceled the check...call the cops and ask man, say "hey i sold a guy a car then he put a cancel payment on his check and now wont return my car can i report it as stolen? "
doesnt hurt to make the call and ask man

 

Don't even ask...

Find out where it is exactly, then call and report it stolen.

 

The previous post would be a better way to go about it since filling a false report would not be a good thing. Unless you're qualified to dispense legal advice (which I'm guessing not and I'm not either) there could be something in Texas law that this wouldn't fall under stolen vehicle/theft but instead be a civil matter under contractual law. It's best to talk with the law enforcement but chances are even if you tried to file a stolen vehicle report they're going to ask what the circumstances are so just don't lie and he'd be fine.

As it stands I could see it going a couple different ways. If they don't want to pay you could take them to small claims court if the selling price falls under the max limits for small claims in that state. If your brother takes the car back he'll more than likely also have to sue to recover damages for the engine. Or I could possibly see the other party paying for the car (especially if a stolen vehicle report is pursued) but then trying to take you brother to court but they'd have a tough time getting damages unless they could prove the seller knowingly sold a damaged vehicle and did something to conceal or lie about the engine health. Even though the law in most states spells out that a sale is as-is unless otherwise specified, sometimes if you can prove in court the selling party misrepresented a vehicle you can receive damages.

Best bet would be to try to resolve it between both parties before it escalates. If that doesn't work, depending on the selling price and how much is on line here, it might be best to consult with a local attorney.

 

If someone pays with check... then cancels the check... that is ILLEGAL and is known as Theft.

Do it to Wal-Mart and see what happens. You will be in jail for theft.

 

if he put a stop payment on the car, and is in possesion of it, then he is in possession of stolen property. He can not do that legaly. You sold the car "AS IS" so he is the person responsible for the damages. If he does not pay you for the car, file a police report for a stolen vehicle.

 

Which is more than likely the case, but if you're not a legal expert and certified under the Texas Bar I wouldn't want to give definitive answers on what he can legally do and what he can't. Best thing is to talk to local law enforcement, explain the situation, and not just try to just go in and file a stolen vehicle report (which he may end up and should do if appropriate). Or talk to a lawyer. But first before this escalates and become a mess I'd try to make another attempt to sit down and talk to the other party.

Maybe they'll be receptive, maybe they won't. But it's going to be a legal mess and cost time and money for his brother if they can't resolve it outside of court so it's at least worth attempting after the other party has had a day to cool down. Maybe even offer to take a little off the selling price of the car. He may not legally have to do that but if it saves months of dealing with the court it might be worth it and that small gesture could be enough to get this resolved.

 

Or you can take the car back by force... and steal all their monies at the same time...

 

LOL...my bro's a marine. don't tempt him

 

Well then... from one Marine to another...

doooo iiiiit!

 

I do find it quite amusing that you are listed as being SoCal and yet commenting on a post about Texas Law...however, I am a Criminal Justice student and verified that he has every right to file a stolen vehicle report in this situation before I replied. Also, chances are they will want to give him the car back and not pay for the damages since they are already claiming he is at fault....he should simply call them, tell them they have a certain time frame to get him cash or he is filing it as a stolen vehicle, which is a felony...hello, Grand Theft Auto! I can almost assure they are simply trying to get something for nothing since it is obvious they were being stupid after buying it. The vehicle was sold AS-IS no matter what he claims, cause he is not an authorized dealer and is not bound by law to be honest about it, they are out of luck and better cough up some cash...or deal with a felony