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There are plenty of honest car dealers.  However, the few dealers that choose to cheat consumers should be held accountable.  Our Dallas law firm has represented a number of consumers over the last few years for auto fraud claims.  The most common type of case we take is that in which a car dealer sells a previously-wrecked car or truck and fails to disclose the prior damage.  We have seen a number of cases in which an auto dealer purchased a car at auction after the car was announced by the auction as having frame damage or unibody damage.  Our Dallas law firm has also handled cases where vehicles were previously damaged to such a point that the car dealer should have known about the damage after conducting its usual inspection.  If you are looking for a Dallas auto fraud attorney, consider our firm.  You can complete the contact form at our website, or you can call us at (214) 670-9989.  We take cases throughout the north and central Texas areas.

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We recently reported about a verdict obtained by attorney Jacob Jones against a Dallas-area car dealer.  Automotive News, a car industry publication, has published a story about the verdict and subsequent settlement.  Here is a link to the story -

Dallas-Area Car Dealer Settles Lawsuit

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In a perfect world, all damage to a car would be reflected on its title record, but in the real world, accidents sometimes go unreported, especially if they involve just one vehicle and the driver wants to avoid increased insurance premiums.

A vehicle that has been repaired after a major accident may look all right during your inspection of it, and it may have a clean vehicle history report due to an accident going unreported, but if the accident involved airbag deployment or damage to the car’s frame, the car could be unsafe to drive, even if it looks and handles like new.

A car’s frame is designed to behave in a certain way during an accident. Cars are rigorously crash-tested before going to market, and they are known to react to accident forces in a certain way to keep you safe. Once the frame has been bent and unbent, the car’s structural integrity has been compromised, and it may not react as it should in a subsequent accident, putting you and your family at risk.

Another problem that you might find with a used car with undisclosed damage is that airbags were not properly replaced after being deployed in a prior accident. Replacing deployed airbags is expensive—hundreds or even thousands of dollars. This leads some car owners (or even unscrupulous mechanics) to simply stuff the used, nonfunctional air bag back in the steering wheel or remove the airbag altogether. You may not find out that the airbag is nonfunctional until you get in an accident.

If you bought a used car with damage the seller knew about but failed to disclose, you may be eligible for financial compensation. Contact Texas auto fraud lawyer Dean Malone for more information.

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We previously posted about the jury verdict in the case against Plano Lincoln-Mercury, Inc. d/b/a David McDavid Lincoln Mercury of Plano (“David McDavid”).  After the jury’s verdict, attorney Jacob Jones filed a motion for judgment.  The judge signed a final judgment in the case yesterday, and a conformed copy of the judgment is at the link below.  David McDavid has promosed to appeal the judgment and has not paid any money toward satisfaction of the judgment as of this post.

Final Judgment Against David McDavid Lincoln Mercury of Plano

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When you buy a car from a Texas used car dealer, you’re inherently at a disadvantage in terms of what you know about the car versus what the dealer knows. A car might look to be in good shape (no dents or dings, a new paint job), and it might handle well on the test drive, but the dealer knows something you don’t: The car was wrecked in a crash or damaged in a flood.

Cars that have been in serious accidents are sometimes sold at auction for parts. Sometimes, unscrupulous dealers pick up these cars for cheap, perform minor cosmetic repairs to make them look like new, and sell them to unknowing buyers without disclosing the car’s history.

There’s no law against selling a car that has been damaged and repaired, but the dealer needs to disclose this information if he knows it. When a car dealer affirmatively misrepresents or fails to disclose a known material fact (a fact that would have affected your decision to buy the car if you had known about it), this is a violation of the Texas Deceptive Trade Practices Act. This basically means that if a car dealer knows that a car has been damaged, he must disclose this information to you, and may not tell you that the car hasn’t been damaged.

If you have purchased a used car with prior damage that the dealer failed to disclose, Texas auto fraud lawyer Dean Malone may be able to help you get the compensation you deserve.

- Guest Contributor

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On March 25, 2011, Jacob Jones, an attorney with our firm, obtained an approximate $240,000.00 jury verdict in a trial against David McDavid Lincoln Mercury of Plano (“David McDavid”).  Our client purchased a car at David McDavid, and he testified that a David McDavid salesman told him that the dealership was taking his current car in trade.  However, the trade-in vehicle was not listed on the retail installment contract documenting the sale.

Over weeks and months, it became apparent to our client that the vehicle which he understood to have been traded in toward another vehicle was apparently being used by someone other than the dealership.  Our client received in the mail toll booth charges as a result of someone allegedly driving the car through toll booths without paying.  The loan for the alleged trade-in vehicle was not paid off.  Our client testified that could not afford to pay for both vehicles, and the allaged trade-in vehicle was eventually repossessed. 

The jury returned an actual damages verdict of nearly $40,000.00, and it returned a $200,000.00 Texas Deceptive Trade Practices – Consumer Protection Act (“DTPA”) “additional damages” verdict.  DTPA additional damages are similar to exemplary, or punitive, damages.  I attach completed copies of the court’s charge to the jury (with jurors’ names redacted).  The court has not yet signed a judgment, and the Defendant has not yet paid any monies toward amounts awarded by the jury.  David McDavid has promised to appeal.

Charge of the Court (without jurors names)

Supplemental Charge of the Court (without jurors names)

We represent a consumer with claims against Auto Merchants, Inc. in Plano. We make no allegation in this post about how the dealership does business but are instead seeking witnesses for the case. If you have information about how Auto Merchants, Inc. discloses to consumers any prior wrecks of or damage to vehicles it sells, please call attorney Jacob Jones at (214) 670-9989.

We represent a consumer in a lawsuit against McCombs West Ford, Inc. d/b/a McCombs Ford West, in San Antonio, Texas, regarding disclosure of prior damage to vehicles. We are looking for witnesses with information about how McCombs Ford West discloses any prior damage to vehicles it sells. Please contact lawyer Jacob Jones at (214) 670-9989.

Michael O’Connor, an attorney with our firm, represents a consumer in a lawsuit against Martinez Car Plex.  Out client purchased a car from Martinez Car Plex, and he also paid approximately $2,000.00 for a warranty.  However, after the car began to have mechanical problems, our client learned that the car dealer never secured the purchased warranty.

Mr. O’Connor filed suit in El Paso State District Court and alleged violations of the Texas Deceptive Trade Practices Act.  He also asserted causes of action for fraud, negligent misrepresentation, and breach of contract.  After a post-answer default by the defendant, and a damages hearing, Mr. O’Connor secured a final judgment for approximately $80,000.00.  A link to the judgment is below.  The defendant has not paid any money toward satisfaction of the judgment but has instead filed a motion for new trial and a request for findings of fact and conclusions of law.

Final Judgment Against Martinez Car Plex

We represent a consumer in a case against Manuel Oldsmobile Isuzu in North Richland Hills.  We make no allegation in this post about how the dealership does business but are instead seeking witnesses for the case.  If you have information about how Manuel Oldsmobile Isuzu discloses to consumers any prior wrecks of or damage to vehicles it sells, please call attorney Michael O’Connor at (214) 670-9989.