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Frequently Asked Questions
& General Information Sources
Automobiles-Frequently Asked
Questions
by: Texas RioGrande
Legal Aid
- How long do I have to file a lemon law complaint?
The lemon law applies only to new cars. You
must file a lemon law complaint within the shortest
of the following time periods:
- 30 months after you bought the car, or
- 6 months after the warranty on the car expires,
or
- 6 months after 24,000 miles.
For a complaint form and a free
booklet that explains your rights under the lemon
law call: 1-800-622-8682. You can also go to the
following website for more information or to print
out a complaint form: http://www.dot.state.tx.us/mvd/lemon/lemonlaw.htm
 2. I
bought a used car. I have discovered that the sales
person intentionally didn't tell me
about some major problems. What are my rights?
Under
the Texas Deceptive Trade Practices Act (DTPA),
it is not lawful for a seller to not tell you
about a known fault, to get you to buy the car.
This law must be followed by everyone, not just
used car dealers.
Under
this law, a seller who knows about a problem with
the car and doesn't tell you, or who tries to
cover up the problem, may have to pay you up to
three times your damages (for example, the cost
of the repairs) plus court costs and attorneys'
fees.
To use the Trade Practices Act you have to
write the seller a letter telling him about
the problem and the amount of your damages.
In your case, the damages will be either what
it will cost to get the car repaired or the
difference between what you paid for the car
and what it is really worth. If this amount
is less than $ 5,000.00, you might want to file
in small claims court. You don't need a lawyer
to represent you in small claims court.
3. My
car has been repossessed. How can I still owe money
when they have the car?
When a car is repossessed, the finance company
or bank will sell the car for whatever they
can get for it in its present condition. The
money from that sale will first go to pay for
the cost of the repossession, with any remaining
money going to pay off what is owed on your
car loan. If the money from the sale of your
car is not enough to pay off your loan, the
finance company will probably file suit against
you to collect the "deficiency" (which
is the unpaid balance owed on your car loan,
including unpaid interest and late charges).
4.
I bought a car 3 months ago and the car dealer has
still not given me the title. What
can I do?
When you buy a vehicle from a licensed Texas
car dealer, the dealer is required to complete
all the papers that are necessary to title and
register the vehicle in your name. The dealer
must also file them with the county tax assessor-collector's
office within 20 working days of the date you
bought the vehicle.
If you do not receive the title within a month,
you can file a complaint with the Texas Department
of Transportation. When you file the complaint,
you must show you had proof of insurance at
the time of sale and send that proof when you
return the form. To get a complaint form, you
can write: Texas Department of Transportation,
Motor Vehicle Division, Enforcement Section
- New Complaints, P.O. Box 2293, Austin, Texas
78768 or call: (512) 463-8588. You may also
go to the following internet link to print a
form: ftp://ftp.dot.state.tx.us/pub/txdot-info/mvd/dealerform.pdf.
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