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Under the Texas Deceptive Trade Practices Act, it is unlawful for a seller to fa il to disclose known defects, in order to induce you to make a purchase. In othe r words, if a seller knows of a major defect he must disclose it. I should point out that this law applies to all sellers, including individuals not in business . Under this law, a seller who knowingly fails to disclose facts, or takes steps to conceal them, may be liable for up to three times your damages plus court co sts and attorneys' fees. To use the Deceptive Trade Practices Act you must first give the seller written notice of your complaint and the amount of your damages . In your case, damages will be either what it will cost to get the car properly repaired, or, the difference between what you paid and what the car was worth. If this amount is less than $5,000 you can consider small claims court. If you a re uncomfortable representing yourself, or if small claims court is not an optio n, you should consult with an att |
