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Texas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Texas on
Q: dealership sold me a car with a salvage title and did not tell me nor did they give me the salvage title.

They gave me the original title to car thetefore i was denied a title in my name. We paid cash for the car and paid top dollar $12,000 they also sold us a type of after matket warranty on it, that would be invalid if we had tried to use it. I live in Texas and bought car in Louisisna. It's... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Because this appears to be a used car, the Lemon law doesn't apply. You should contact an attorney in or near the parish in Louisiana where you purchased the car to pursue a claim against the dealership. They should have disclosed that the vehicle had a salvage title and should have provided... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Elder Law and Libel & Slander for Texas on
Q: How do I find lawyers to sue local MLS and big RE agency, who demand fee from me to disparage my premier property?

Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.

Unlike other types of cases--especially personal...
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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: We are sued in MO I need a general denial form and form to change jurisdiction to Texas our company is in TX,

the contract with client states that she can only bring suit in Teas but we need to answer this law suit before we get a judgment I do not where I can find these forms

John Michael Frick
John Michael Frick
answered on Mar 19, 2024

A company can only appear in legal proceedings through a licensed attorney. You don't need a form; your company needs a Missouri attorney to represent it in the lawsuit filed against it in Missouri. Even if you were to present a form, unless you are a licensed Missouri attorney, it likely... View More

1 Answer | Asked in Consumer Law for Texas on
Q: What to do with that unfair business model of ashleyfurniture.com?

I ordered a set funiture from ashleyfurniture.com part of the set received damaged.got promised for a replacement. Replacement couldn't be done. I asked for returned because they can't fulfill my order. They refused and said they don't get funiture back after delivered. After alot... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

I'm sure this experience has been frustrating for you.

First and most important, do not discard the furniture you wish to return. Store the furniture in a safe place where it will not sustain any further damage.

Second, document how the furniture was damaged from water,...
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2 Answers | Asked in Consumer Law and Small Claims for Texas on
Q: I’ve been scammed and the merchant is refusing refund. I would like to sue them in small claims , which category is that
James L. Arrasmith
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answered on Mar 20, 2024

If you've been scammed and the merchant is refusing a refund, taking them to small claims court is a possible next step. In small claims court, cases typically fall under the category of civil disputes. This usually involves personal or business conflicts over money or services, such as... View More

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1 Answer | Asked in Consumer Law for Texas on
Q: Do U have recourse with a vehicle you bought new, now has 7000 miles/5 years old currently having several problems?

Purchased a new Audi in 2019, it has had several warning lights come on in the past few months. Is there any legal recourse I have for Audi (the dealership I purchased it from) to assess and repair the issues? Thanks!

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

If the vehicle is still in warranty, you can take your car to the Audi dealership for an in-warranty repair. Audi's powertrain warranty (10 years/120,000 miles) includes your vehicle's engine, transmission, transaxle or transfer case, drive axle(s), and certain hybrid/ electric... View More

2 Answers | Asked in Contracts and Consumer Law for Texas on
Q: What to do when Solar Company will not remove the panels after falsifying the digital signature on the contract?

I have a property which my 75 yr old mother rents. This past November I noticed that solar panels had been installed on my property with out me knowing or authorizing any of that. Turns out the loan is under my mother's name which she is not the owner, I am also on the loan. By calling the... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

I recommend hiring an attorney in or near the county where the property is located to file a declaratory judgment action pursuant to Chapter 37 of the Texas Civil Practice and Remedies Code seeking a declaration that you are the owner of the property, that the solar panels were installed on your... View More

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2 Answers | Asked in Contracts and Consumer Law for Texas on
Q: What to do when Solar Company will not remove the panels after falsifying the digital signature on the contract?

I have a property which my 75 yr old mother rents. This past November I noticed that solar panels had been installed on my property with out me knowing or authorizing any of that. Turns out the loan is under my mother's name which she is not the owner, I am also on the loan. By calling the... View More

James L. Arrasmith
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answered on Mar 6, 2024

In situations like this, gathering all possible evidence is crucial. You should collect any documents, emails, or communication records related to the solar panels' installation and the loan agreement. It's important to document your mother's lack of authorization and ownership of... View More

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1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for Texas on
Q: If I paid for a package for real estate licensing but got sick with a chronic illness can I get a refund?

I purchased a real estate package course however I got diagnosed with a chronic illness and was not able to attend school. I do have documents some are from my attorneys who are helping me file a disability claim or an SSDI claim. I guess my question would be is it right practice for them to... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it ultimately depends on the policies of the institution or company from which you purchased the real estate licensing package, many organizations have provisions for refunds or accommodations in cases of unforeseen circumstances such as illness or disability. Providing documentation of your... View More

1 Answer | Asked in Consumer Law for Texas on
Q: I am being sued by LVNV for $980 Capital One credit card debt and I am homeless. How do I handle this? Thank you.
John Michael Frick
John Michael Frick
answered on Feb 23, 2024

You can either file an answer or ignore it. An unsecured creditor can only collect a judgment from any non-exempt assets you may own. Texas exempts a wide variety of assets including up to $100,000 of personal property within certain specified categories. Most homeless individuals do not have... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Education Law for Texas on
Q: got a degree in media advertising in 2010 and the following years it all went online, most of what I learned is useless

could I sue my University for this, I now have to pay all this student loans for something does not work anymore

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2024

Without knowing additional details, I would agree with Mr. Frick. It's a given that course materials could become obsolete with new technologies. However, if certain representations were made to students, that could be a different story. Keep in mind that looking into such a lawsuit could... View More

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1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Been in rv park in breham tx It has been paying on the 6th for 10 months. Under motel laws what are my tenants rights

I have been paying monthly for 8 months in the motels laws of Texas it states that after 30 days you are conceder a tenant and must be evicted

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The answer to your question depends on whether you are a tenant or guest under your contract with the RV park. The question of whether RV occupants are tenants or guests is an important one and depends on the circumstances of the occupancy. In Texas, most RV parks operate like apartment complexes.... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

T. Augustus Claus
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answered on Feb 1, 2024

To address a suspended license due to a lien, you'll typically need to satisfy the underlying debt or resolve the issue causing the suspension. Initiating an SR-88 form, also known as a Petition for Reinstatement of Driver's License, is a common step in this process. This form allows you... View More

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2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

James L. Arrasmith
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answered on Feb 4, 2024

To address a suspended license due to a lien and prevent it from affecting your ability to obtain a driver's license in another state, it's crucial to directly engage with the agency or court that issued the lien. They can provide specific guidance on your situation and the steps needed... View More

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2 Answers | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: I'm looking for a Lord to Sue my Insurance Company. Because on december twenty first I was in an accident and they

Denied my insurance claim on December 21st I was in car accident to make a long story. They wanted me to pay $2000 that put me homeless. I have no money right now. And the work that we needed to be done on my car. Hamp it on the side that the action is happening. And a refuse that 9 to 2 times... View More

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2024

I'm sorry for the ordeal resulting from your accident. You could look into whether it's possible to line up a free initial consult. Your brief post doesn't mention injuries. Whether your matter involves property damages only, or property damages and bodily injury, that could make a... View More

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2 Answers | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: I'm looking for a Lord to Sue my Insurance Company. Because on december twenty first I was in an accident and they

Denied my insurance claim on December 21st I was in car accident to make a long story. They wanted me to pay $2000 that put me homeless. I have no money right now. And the work that we needed to be done on my car. Hamp it on the side that the action is happening. And a refuse that 9 to 2 times... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

Our justice of the peace courts have jurisdiction over small claims where the amount in controversy does not exceed $20,000. The principal advantage of small claims court is that you do not need an attorney to file a lawsuit. Since you "have no money right now," this is probably your... View More

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1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: I’m a trying to purchase a vehicle from Texas. I live in Iowa. The TX dealership says I HAVE to pay for the Safepoint.

The dealership says it’s the law in TX you are required to have Safepoint. I live in Iowa. They say they already installed it. This is a used 2022 Tahoe. They are also charging me for VIT, which my research says is not my cost. The dealership claims it made a “mistake” in the price and... View More

John Michael Frick
John Michael Frick
answered on Jan 30, 2024

VIT is a property tax assessed on the dealer, not on the purchaser. While a dealer can list VIT reimbursement on a sales contract, it is not required by law to be paid by the purchaser and is a negotiable term of any sales agreement.

Texas law does not require a vehicle to have Safepoint...
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1 Answer | Asked in Consumer Law for Texas on
Q: I live in Texas, I cosigned an auto loan. My name is 1st on all documents. Can I take possession if other party defaults
T. Augustus Claus
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answered on Jan 18, 2024

In Texas, if you are the primary borrower and your name appears first on all documents for a cosigned auto loan, you may have certain rights if the other party defaults on the loan. As a cosigner, you are typically responsible for the debt if the primary borrower fails to make payments. If the... View More

2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

Sheldon Starke
Sheldon Starke
answered on Jan 16, 2024

Privacy laws are generally determined on a state-by-state basis. However there are a number of federal laws involved in the subject matter. You also need those of us who are experienced in government because it is not clear exactly what the nature of your discoveries are or who they involve. There... View More

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2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

James L. Arrasmith
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answered on Jan 17, 2024

If you're concerned about identity theft, especially in the context of publicizing scientific breakthroughs, taking proactive steps is essential. First, monitor your financial accounts and credit reports regularly for any unauthorized activities. You can obtain free credit reports from major... View More

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