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Discussion Starter #1
Well, first of all, thank you for taking the time to read my post. Sorry for the length but I want to be as specific as possible, so here it is...

I bought a 1996 Ford Bronco from an independent online auctioneer in Texas, from the city of La Porte, TX. I went down personally to inspect the car, prior to bidding on it, and flat out asked the auto-mechanical supervisor if the vehicle had been in a flood, fire, or salvaged. His answer was of course not because they wouldn't have sold it then. I also went to Autocheck.com and printed out a car history report saying the vehicle had been in neither a flood, fire, or had been salvaged. I specifically asked the auto-mechanic supervisor if I could take the vehicle to a certified mechanic, but he told me that I couldn't remove the vehicle from the premises.
After bidding on the vehicle and winning the auction, I was given the print-out of the car's history. I also was given the Bronco's Texas title with nothing on it saying the vehicle had been in a flood.
It was not until I moved from Texas to California that I began to notice severe problems in the truck shifting gears. I looked over the vehicle print-out provided by the La Porte mechanic, and I saw the vehicle had been in water up to its headlights, with 2" of water in the cabin. I took it to a Goodyear here in California that diagnosed the problem to be the transmission failing. I then took it too a transmission shop to find the damage due to water, and the transmission would need to be replaced for approximately $2,000.
I have already registered the truck in California so I do not have the original Texas title, but the California title still does not say it has flood damage. Also, the receipt from the transmission shop says that the transmission had water damage. I also still have the city's mechanic print-out saying it had water damage.
Does the Texas Lemon Law apply to this case?? **What should I say when calling up the city of La Porte telling them of what has happened?** Should I ask for compensation just for the transmission since other things could be damaged from the flood (although the flood did occur a few years ago)?
Thank you again for taking the time to read the post!

Greg
 

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Teddy Bear
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i would have my lawer on the phone with the guy from texas, he sold you a potentially dangerious vehicle, if it were me i would have him replace the trans and pay to have another mechanic look it over and find problems, didnt you have some suspecions since he said you couldent move the truck, and finnally, even in fresh water i dont see how you couldent smell that it had been flooded
 

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Cadillac of Men
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well, if they gave you paperwork after the sale that said it had been in a flood, and they told you repeatedly that it was not, then that sounds like a lemon law violation to me. pretty hard evidence of it in fact. lawyer up and go get em.
 

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Discussion Starter #4
Dat_Bronco_Boi said:
i would have my lawer on the phone with the guy from texas, he sold you a potentially dangerious vehicle, if it were me i would have him replace the trans and pay to have another mechanic look it over and find problems, didnt you have some suspecions since he said you couldent move the truck, and finnally, even in fresh water i dont see how you couldent smell that it had been flooded
I know a smell should have been obvious, but the flood damage was caused a few years ago, so for whatever the reason, there was/is no smell. The BKO also doesnt have carpet interior since it is an XL, so it's just a plastic liner on the floor. Also, I had never done something like this auction before, and the supervising mechanic mentioned the rule of not removing the vehicle from the premises. He also mentioned how he would not get any money from the sale of the vehicle so why would it matter to him whether it sold or not. And perhaps, this supervising mechanic truly didn’t know (or wasn’t hired) when the damage was caused so he answered my question truthfully to his knowledge. So call me gullible, but I figured it was part of the normal protocol (trust me, I now know how dumb that was), but I trusted him.

Is anyone familiar with any particular law I can specifically cite when talking with the city officials? Because obviously, this isn't something I'm too familiar with doing.

Thanks,
Greg
 

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Discussion Starter #5
Also, I'm trying to avoid involving lawyers (and fees/complications) at first, so any guidance in where I personally could find the specific law the city of La Porte violated would be greatly appreciated.
 

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Discussion Starter #7
broncoman92 said:
You should be able to go to google and do a search for texas lemon laws, it should come right back with it.
I have been briefly checking the internet and came across the Texas Department of Transportation Motor Vehicle Division website, and it says in regard to the Lemon Law in Texas: (ftp://ftp.dot.state.tx.us/pub/txdot-info/mvd/lemon/2004lemonlaw.pdf)

"The Lemon Law applies to new vehicles (including cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles (TRVs), and neighborhood electric vehicles) purchased or leased from a Texas licensed dealer or lessor that develop problems covered by a written factory warranty...The law does not cover used motor vehicles (including program vehicles), repossessed vehicles,non-travel trailers, boats, or farm equipment."

Obviously, I bought this vehicle used from the city of La Porte (which I don't believe is a licensed dealer/lessor), but it seems absurd to me that this means the Lemon Law doesn't apply. This is why I was hoping someone could explain for sure if it should be the Texas Lemon Law that I refer to when I speak to the city of La Porte. So is there a law against them not changing the title to a flood title, etc? My friend thought it was not the Lemon Law, but that their error was in not informing me of the flood damage and not changing the title (but neither of us our lawyers).

Greg
 

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Surrounded by Assholes
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F_Matters said:
I specifically asked the auto-mechanic supervisor if I could take the vehicle to a certified mechanic, but he told me that I couldn't remove the vehicle from the premises.
Red flag. Run away.
 

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Master of the Estate
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wouldn't that fall under "Fraud"?
 

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...:stupid

It's fraud. Contact the District Attorney in Texas that has jurisdiction in La Porte, and see what relief you can get. But that was definitely fraud. Proving it will be another matter.

You can prove it had been in a flood, but the problem you'll probably face will be proving that you asked if it had been in a flood, and he replied "...no..." when he actually knew it was. Your word against his...:shrug

Good luck. And look out for the Katrina cars. They'll be coming to a used car lot near you...:madder
 

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Caveat Emptor applies here.

Lemon Laws do not cover used vehicles. You may be able to get some relief, but, at least in California, there is an As-Is Where-Is policy that protects dealers. You have to get REALLY lucky to get one of them to buck up and do the right thing.

It sounds like you were worried about the flood damage from the get-go, which tells me that you shouldn't have bought the vehicle. I hate to say it, but you bought it, and now you own it. You are probably not gonna get much relief.
 

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just for your information......

those so-called "car history reports".....from various companies....

you know them.....

aaahhh.....you can't rely on them to be accurate............at alll....
 

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Well when you picked it up you were given a report. The report showed that it had been in water (not a flood). When they gave you the report and you didn't read it, I think that lets them off the hook. You took posession and drove the truck to CA. The water damage to the trans, they could claim that you dunked it and are now trying to get them to pay. I think you are paying for the transmission.
 

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BrokeCuzWheelin said:
It probably isn't "flood damage". Somebody was probably doing a little wheeling in it and got it stuck in some deep water. I've had way more than 2in of water in the cab of my truck several times but it won't ever say "flood damage" on the title.

:stupid

If this guy went off roading Or creek crossing like "Sratex" then he got stuck he may have called a towtruck that was dispatched by the insurance company.
but heres a little information

Flood-Damage brands are not always retained when a new title is obtained in another state.
If the car you purchased had a "Flood-Damaged" title and this was not disclosed to you, contact the Attorney General's office in your state.
Buyer Beware! Use every means possible to research a vehicle prior to purchasin
 

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Discussion Starter #19
peteyg said:
Caveat Emptor applies here.

Lemon Laws do not cover used vehicles. You may be able to get some relief, but, at least in California, there is an As-Is Where-Is policy that protects dealers. You have to get REALLY lucky to get one of them to buck up and do the right thing.

It sounds like you were worried about the flood damage from the get-go, which tells me that you shouldn't have bought the vehicle. I hate to say it, but you bought it, and now you own it. You are probably not going to get much relief.
Well first of all, I want to say thanks everyone for helping me out with some information so far. I really appreciate it!

I actually posted this on lawyers.com forum (not saying a lawyer would respond, but hopefully those that visit those boards know something about laws regarding used auto sales), and another person mentioned the "As-Is" clause, which I reviewed my records, and on the print-out of the ad for the truck it says exactly that...I am pretty confident now I wont be seeing any compensation since I'm relying on the city to do the right thing...

I also looked closer at the history of the vehicle print-out from the city and it flat out says "Post Flood..." (then, a list of work done) listed on July 2001. So I'm pretty sure the city mechanics wouldn't have labeled it "Post Flood" if he just got stuck in a creek, but I could obviously be wrong about that. Also, the truck was used by the city firemarshal.

I already paid for the rebuilt transmission, so that is done and over with, but it would be nice for something to go my way for once. And I keep thinking it's worth a shot, the only thing I'm going to get is a "No." But I want to be prepared so I at least sound like I know what I'm talking about when I call them and ask. I'll definitely check into Fraud and Caveat Emptor (thanks Peteyg!) And any other help is appreciated.

Greg
 
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I bought my bronco with 90k miles on it. Tranny died at 96k miles.

Happens all the time dude, flood or not.
 
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