how to dispute a used car dealership attorney general texas

by Napoleon Kerluke DVM 6 min read

You can then file a complaint with the Attorney General's Office or the Better Business Bureau and/or file a small claims court law suit against the mechanic.

Full Answer

How do I file a complaint against a dealer in Texas?

Buying from the owner often means paying a lower price than you can get from a dealer. And buying from the owner means you can ask the car's complete repair history. Dealers’ used vehicles may cost more, but, may offer services such as financing or warranties, and may also be able to provide vehicle history.

How do I file a lawsuit against a car dealer?

File a Complaint by Mail If you don't want to file online, you can download, print, and mail in your complaint form. Printable Complaint Form - English (PDF) Printable Complaint Form - Spanish (PDF) Send the form to: Office of the Attorney General Consumer Protection Division PO Box 12548 Austin, TX 78711-2548

How can a lawyer help you deal with a used car dealer?

To dispute the charge, you must do so in writing to your credit card company and it must be done within 60 days after you have received the credit card bill. Make sure you send the dispute letter and all relevant information (receipts and documentation supporting your position) to the billing inquiry address and not the payment address.

What do I do if the nearest dealer Can't Fix my problem?

We investigate complaints against vehicle dealers licensed to sell vehicles in Texas. You can file a complaint whether you are a consumer or a vehicle dealer. For additional information or assistance with enforcement actions, call us at (888) 368-4689 or (512) 465-4204. Filing a Complaint. If you have a complaint about a dealer's sales ...

How do I file a complaint against a car dealership in Texas?

Complaints Against Vehicle Dealers You can file a complaint whether you are a consumer or a vehicle dealer. For additional information or assistance with enforcement actions, call us at (888) 368-4689 or (512) 465-4204.

How do I file a claim with the Texas Attorney General?

If you spot price gouging or experience unfair or unlawful business practices, please file a complaint online or call our Consumer Protection Hotline at 1-800-621-0508.

Who regulates dealerships in Texas?

The Texas Department of Motor VehiclesThe Texas Department of Motor Vehicles works diligently to empower Texans with the information they need to protect themselves or resolve an issue.

Does Texas have a consumer protection law?

The primary tool the Office of the Attorney General uses to protect Texas consumers is the Deceptive Trade Practices Act (DTPA). This law lists many practices that are false, deceptive, or misleading. When you fall victim to illegal practices covered by the DTPA, you may have the right to sue for damages under the act.

How do I file a complaint with the attorney general's office?

If you cannot complete the form online or need additional assistance with where to direct your complaint, please call our OAG Help Line at (800) 771-7755. Filing a false complaint is punishable as a Class A Misdemeanor. We need complaints in writing.

How do I file a complaint against a Texas district attorney?

The State Bar of Texas is the agency with authority to regulate attorneys in Texas. If you have a complaint about the actions of an attorney, contact the State Bar's Grievance Committee at (800) 932-1900.

Can I return a used car to a dealership?

If you've bought a used car that turns out to be faulty, then you are covered by the Consumer Rights Act 2015. This means that you are entitled to a full refund if you take the car back to the dealer within 30 days of purchase if you can prove that the fault was already there when you purchased the car.

Can you return a used car in Texas?

After the Sale. Under Texas Law, you do not have 3 days to cancel the purchase like you may with some transactions the dealer is required to register and title the vehicle in your name within 30 days, regardless of if you owe money on the vehicle to the dealer or another financier.

Can a car dealer back out of a signed contract in Texas?

A statutory right to cancel a contract or return a purchase because you change your mind is not the norm in Texas. State law grants a right to cancel — also called a “right of rescission” or a “cooling off” period — in only a few specific instances.Apr 4, 2022

How do you report a business for unethical practices?

File a complaint with your local consumer protection office or the state agency that regulates the company. Notify the Better Business Bureau (BBB) in your area about your problem. The BBB tries to resolve your complaints against companies.Mar 16, 2022

What is the primary consumer protection law in Texas?

The Deceptive Trade Practices Act (DTPA) is Texas's primary consumer protection statute. The statute prohibits a list of deceptive trade practices deemed to be false, misleading or deceptive. The DTPA gives consumers the right to sue for damages.

What is the primary act that protects consumers in Texas?

The Deceptive Trade Practices Act (DTPA)The Deceptive Trade Practices Act (DTPA) is the leading consumer protection legislation in Texas.Mar 15, 2022

How to file a complaint against a company?

The more details you can provide, the more effectively we can review your complaint. Important information includes: 1 The name of the business or individual you're filing a complaint against 2 The business/individual's full address, including zip code 3 A detailed description of your complaint 4 Explanation of how you came into contact with the business/individual 5 Transaction dates and amounts 6 Contract information (when appropriate) with payment details 7 How you may have attempted to resolve the dispute, including the names of people you spoke with

What do you do when you are sued?

File lawsuits on your behalf or on behalf of individual consumers. Bring criminal charges for deceptive practices. Provide legal counsel or interpretations of the law to individuals. Routinely resolve individual complaints.

What is a FTC letter?

The Federal Trade Commission (“FTC”) has an example of a sample dispute letter that you may use. The credit card company will investigate the issues you have raised and find out the mechanic’s side of the dispute. The credit card company will let you know whether they agree with you or not.

Can I disclose my credit card number?

You should not disclose your credit card account number, driver's license number, or any other personal information unless you clearly specify that giving the information is only for loan approval purposes, or unless you have approved the work, the work is finished, and you are ready to pay for it.

Do you have to use a dealership for maintenance?

advertise goods or services with intent not to sell them as advertised. Under the Magnusson-Moss Warranty Act, you usually do not have to use a dealership for regular maintenance or a manufacturer’s replacement parts to maintain your manufacturer’s warranty.

Your Attitude

First, check your attitude. At all times, you should be polite and calm, chances are the problem is not the fault of the service writer, technician, or customer service representative you are about to scream at. But be assertive as well and don't take no for an answer. Threatening them and getting upset or angry is just going to makes things worse.

Phantom Problems

Never accept "they all do that" or "I can't hear it" as a defense. Have the service manager or the mechanic working on your car go out with you for a test drive. Sometimes you have to leave the car overnight, and make them take it for a drive first thing in the morning to duplicate an issue, or drive it more than around the block.

Is This Dealer Making Things Worse?

If your car has lots of problems, the dealer's mechanic might actually be making things worse when trying to find the cause of other problems. If a "new" problem occurs immediately after your car was serviced, there's a good chance it was the mechanic's fault.

Resolving warranty problems

Now let's take a look at the process of trying to get satisfaction when it is a warranty problem. You can learn quite a bit about the dealership by the way they treat you when you've got what seems to be an unsolvable problem.

The Lemon Law

At this point you've hit another crossroads if you still haven't resolved the situation to your satisfaction. There's always legal action but you might want to try your state's consumer affairs department first.

What to do if you bought a used car from a private owner?

Auto loans or payments — File a complaint with the Consumer Financial Protection Bureau. Car warranty — Contact your state's attorney general. But, if you bought a used car from a private owner, the warranty may not be valid. Safety of your car, child car seats, or tires — File a complaint with the Department of Transportation.

How to know if a car is a lemon?

A car is a "lemon" when it's determined that the vehicle is defective beyond repair. Most states have some form of a lemon law to protect car buyers. These laws tend to only apply to new cars. Check with your state's consumer protection office to see if they also cover used cars. Each state has its own requirements, but common factors to qualify as a lemon include: 1 Number of miles driven — The defects had to happen within a certain number of months or miles driven. 2 Major defects — Defects have to involve the actual operation of the car. Examples include the ignition, brakes, engine, or transmission. 3 Repair attempts — You have to give mechanics multiple chances to repair the problems. 4 Number of days in the shop — Your car has to have been in the mechanic's shop for a significant number of days within a year.

What is a lemon car?

A car is a "lemon" when it's determined that the vehicle is defective beyond repair. Most states have some form of a lemon law to protect car buyers. These laws tend to only apply to new cars. Check with your state's consumer protection office to see if they also cover used cars.

What is a major defect?

Major defects — Defects have to involve the actual operation of the car. Examples include the ignition, brakes, engine, or transmission.

How to sue a car dealership?

We are auto lawyers that sue car dealerships for bad car sale practices. Call us to speak to our auto attorneys immediately if this happened to you: 1 You bought a car and paid more than the advertised price 2 You bought a car and it broke down soon after you drove off the lot 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage. 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion 5 Your vehicle needs to be repaired soon after you bought it, and the problems date back to the date you bought it 6 Your dealer called you to bring back the car because the financing fell through after 10 days have passed from the date of purchase

What happens if you buy a car and it breaks down?

You bought a car without being told that it has been in an accident or that it is defective or has frame damage. You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion.

Can you sue a car dealer in California?

Under California law, car buyers are legally able to sue their dealers for not telling the truth about the vehicle. Our legal team and lawyers against car dealerships gather evidence for a lawsuit against dealers that rip off buyers. Used car dealer fraud is common, if you are a victim, our lawyers who deal with car dealerships can help you get ...

What is the California car buyer's bill of rights?

Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers and car buyers who think they are getting a good deal when they are actually being sold a car that was in a prior accident, or a vehicle that is defective, or a contract for more than the advertised price.

What happens if you buy a car?

Talk to Our Lawyers that Deal with Car Dealerships If This Happened to You 1 You bought a car and paid more than the advertised price, 2 You bought a car and it broke down soon after you drove off the lot, 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage, 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to exclusion, or 5 You bought a car and later found out that the car dealer has lied to you.

What happens if you buy a car and it breaks down?

You bought a car and it broke down soon after you drove off the lot, You bought a car without being told that it has been in an accident or that it is defective or has frame damage, You bought a car with a warranty that the dealer won’t honor , or you are being told that your repair is not covered due to exclusion, or.

Can you talk to a car dealership lawyer?

You can talk to our car dealership lawyers if you have any suspicion of being a victim of auto fraud. If you have any car dealership problems, here are some of the remedies that our attorneys can get for you.

Can you return a car if you don't want to?

In some cases, if you don’t want to return your car and still have issues with the vehicle, our car dealership attorneys can help you keep your car and make the dealer pay for the repairs. These pre-existing damages that were not previously mentioned when buying the vehicle have a potential case for the dealer to repair at no cost to you.

Can you sue a car dealer in California?

In California, a lawsuit can be filed for many reasons. You should consult with an attorney if you are having a dispute with your car dealer. Here are the issues that an auto fraud attorney researches: contract does not accurately reflect the number of down payments, increase in monthly payments, the sales price is higher than the advertised price, a salvaged title, prior accidents, prior rental, existing defects, mechanical problems, change in financing and terms of the loan.

Do used cars have problems?

A salesman at the car dealership often tries to make buyers believe they got a deal, but in reality, used cars often have problems that buyers don’t know about. Many used car dealers sell cars with frame damage and defective engines. Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers ...