San Antonio, TX asked in Lemon Law and Consumer Law for Texas

Q: Ancira sold new car to me but to wait for shipping from other state but I found doc it was here all along - fraud?

After signing bill of sale got approval of credit my bank financing I find online doc through DMV for efile of vehicle test detail mytxcar.org the car was here prior to my going to dealership_ and my history report states " title brand" through tax office here.

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1 Lawyer Answer

A: Was shipping the vehicle from another state a "material" part of your agreement, or was it only incidental? Fraud typically involves a misrepresentation of a MATERIAL fact. Did you justifiably rely on the vehicle being shipped from another state for some reason? How did that reliance cause you to sustain damages?

Every case depends on the particular facts and circumstances of that specific case. I think you would require some unusual facts and circumstances to support a case for fraud based on what is stated in your question. In most transactions involving the purchase of a new car, the location of the car in another state prior to the transaction would be immaterial, would not be a factor that a buyer would rely upon, and is highly unlikely to be something that would cause any harm or damages to the buyer.

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