Richardson, TX asked in Consumer Law, Lemon Law and Libel & Slander for Texas

Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?

Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.

I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car, to warn others about working with Park Place dealership.

Is it legal?

And..

I am looking for a lawyer who can take on a car dealership... I know they are very powerful in Texas.

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.

Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have said about the condition of the car.

CPO cars typically are sold a limited warranty. Whether you have a valid claim depends heavily on the exact terms of the warranty you received when you bought the car.

Car dealerships are frequent targets of lawsuits. I’ve never known a lawyer to shy away from suing one based on any perceived “power.”

I have known many customers who won’t fund litigation against car dealerships because they think lawyers should either work for free or on a contingency fee.

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