SAN ANTONIO — Tierra Snell bought a Chevy Trax from Cars 4 Sale at 719 Brighton Ave in San Antonio. She said she immediately started having issues.
“Before I got home the AC stopped working. Anytime I stopped, the car would start shaking really hard,” Snell said.
Snell later found out the dealership had not put the correct VIN number on her contract and had technically sold her a different vehicle than the one she drove home. The dealership initially refused to cancel the contract, but that changed after the Texas Department of Motor Vehicles (DMV) Investigated the dealership.
Now Snell has her refund and she hopes other used vehicle buyers can learn from her story.
Tierra Snell first contacted KENS 5 about the dealership back in April. KENS 5 documented the problems with the contract and confronted the dealership a few weeks later. Employees at the dealership insisted they would sort it out with the DMV and refused to give Snell her money back.
The DMV later started investigating the dealership and that investigation was still going when KENS 5 aired the initial story.
Several weeks later, the DMV sent an email to both Snell and the dealership which stated they had helped both parties reach an agreement. It also said the dealership would likely be facing violations.
The email stated, "The dealership will receive a to-be determined violation from the TxDMV. Any penalty shall take into consideration Department policies, rules, and regulations including the dealer’s violation history as well as his cooperation unwinding the deal and settling all disputes with Ms. Snell."
Snell finally received her refund on June 7.
Still, Snell's story shows just how hard it can be to get a refund after buying a used vehicle. While some used vehicle dealerships offer a limited warranty, dealerships normally sell vehicles "as is" which means they are not liable for a vehicle's issues after the customer drives it off the lot. Consumer Protection Attorney Bill Clanton told KENS 5 it can be easy for drivers to get stuck with those vehicles.
"You are buying the car and the problems whether you know it or not. A lot of dealers try to get by with this 'as is' clause," Clanton said.
Dealerships may also offer drivers verbal assurances that the vehicle can be brought back, or fixed later on, but if it's not in writing Clanton said the dealership has no requirement to follow through.
At the same time, Clanton told KENS 5 the "as is" defense doesn't let the dealer sell you just anything. He said the dealer cannot fail to disclose damage they should already know about it.
"Dealers buy these cars at auctions and at the auctions they will announce,' Here are the frame damaged vehicles, here are the salvage vehicles,'" Clanton said. "They buyer will know it is a frame damaged vehicle. If they sell it as 'gently used' then an 'as is' disclaimer won't work."
The dealer also can't misrepresent the vehicle in the contract by using the wrong VIN number, using the wrong mileage, or tampering with the vehicle to roll the mileage back. In situations such as these the buyer can sue in the dealership under the Texas Deceptive Trade Practices Act.
"Texas has the Deceptive Trade Practices Act which says you can sue a merchant who deceives you for up to three times the amount of the loss," Clanton said. "The dealer will have to pay your attorney's fees."
Texans can also contact the Texas Department of Motor Vehicles just like Snell did. While the DMV could not comment on this specific case, the did provide the following information:
"The Texas Department of Motor Vehicles (TxDMV) investigates complaints against vehicle dealers licensed to sell in Texas. When a consumer files a complaint, TxDMV will investigate and work with buyers and dealers to try to resolve any identified compliance or regulatory issues. The department may also initiate disciplinary action, including warnings, fines, and license revocation against dealers found to be out of compliance with state law.
The Texas Department of Motor Vehicles also provides resources for consumers before they purchase a used vehicle: Smart Buyer – Tips for Buying a Previously Owned Car.
Consumers with concerns about a dealer’s sales practices should file a complaint with TxDMV here."
KENS 5 also shared information about Snell's situation with the DMV during the investigation. Snell said the DMV was able to work her case faster after KENS 5 got involved.
"They mentioned that because of your segment on KENS 5 it sped up the process and they could look into a little bit sooner," Snell said.
Snell hopes her story will help other people as well.
"Take advantage of the rights that you have and get yourself help," Snell said. "Situations happen like this all the time but you can't just sit back and take it."
If you have a problem like this, we want to help you fix it! In our series, Call KENS, we do our best to solve problems for our viewers. The number to call is 210-470-KENS, or fill out the form on this page.