Q: I bought a used truck on 3/8/23 and no sooner than I got halfway home the electrical system began malfunctioning.
The next morning I went back to the dealership and was told their mechanics did diagnostics plus the sale was as is. The issues I am having are clear signs that the vehicle has been flooded so I took the truck to a licensed mechanic who confirmed in fact the truck has been flooded. The dealership not only failed to disclose this information but tried to cover it up. The business is listed as a sole proprietorship but it also lists Roalty 1 proprietors, ltd as an ower. All the loans the business has gotten are from the bank to Roalty 1 properties, ltd but the federal tax liens list M.F. as the debtor who is the owner of the dealership listed as sole proprietor according hc district clerks website. If the business is a sole proprietorship who is Roalty 1 proprietors, ltd? Can this be the owners ltd and be a sole proprietor at the same time? On my dtpa suit who do I name? I have other questions as well.
A:
I suspect you are confusing an “assumed name” with a “sole proprietorship.”
I would check the Texas Secretary of State’s records for Roalty 1 to see who the general partner is.
If, after doing your due diligence, you cannot tell, sue the dealership in the name it is using, Mark Fischrupp doing business as that name, and Roalty 1 doing business as that name. A defendant sued in an improper capacity has the duty to file a verified denial.
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