What can I do if we found the frame cracked the day of purchase?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if we found the frame cracked the day of purchase?
I went and bought a truck today for $4400. The truck seemed to be in good condition. I took it to get freon put in,and the mechanic ended up finding a *crack in the frame itself. The vehicle can be considered totaled and I haven’t even gone to get the title in my name yet. I told the seller I want my money back and would give him the truck but he’s refusing. I’m considering taking him to court. I understand used car sales are “buyer beware” but isn’t this a non-disclosure issue? The transmission had just been replaced, so it’s impossible that the mechanic working on it didn’t notice the crack in the frame but from a cursory inspection, you wouldn’t be able to see it (and I didn’t). What are my options?
Asked on June 21, 2012 under General Practice, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, the seller of an item has an obligation to disclose to all potential buyers of the item all material matters affecting desirability and/or price paid. If the seller of the car that you purchased knew that it had a cracked frame or had been in an accident and did not tell you this before the purchase, you have a factual and legal basis to cancel your purchase of the truck and to get your money back.
The issue you need to prove if the seller of the vehicle knew that there were problems with the vehicle before the sale to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.