My new car’s air conditioning stopped on the way home from the dealership and my refund was refused – I found an error and got my money back

A CUSTOMER purchased a car from a used car dealership and immediately ran into problems – it took media attention to find the problem.

A lawyer said cases like hers are complicated with signed contracts, but the law Sided with the buyer after the dealership made a serious mistake.

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Tierr Snell, a resident of San Antonio, Texas, purchased a first model year Chevrolet Trax compact SUV from a used car dealership “As Is.”

Although she knew this meant she would take on any maintenance responsibilities, she was not prepared for what happened on the way home.

“Before I got home, the air conditioning stopped working. Every time I stopped, the car would start shaking really bad,” Snell told the CBC affiliate. KENS.

Snell tried to work something out with the dealership to get his money back, but they refused.

That’s when she reached out to KENS investigators, who looked into her case after she filed a complaint with the Texas DMV.

Typically, says consumer protection attorney Bill Clanton, a dealership is protected by an “as is” clause for selling gently used vehicles.

However, vehicles should not be sold to a consumer with a known defect.

“A lot of dealers try to get by with this ‘as is’ clause,” Clanton said.

“Resellers buy these cars at the auctions and at auctions they will advertise: ‘Here are damaged vehicles, here are salvage vehicles.’ The buyer will know that it is a vehicle with a damaged frame. If they sell it as ‘gently used,’ then an ‘as is’ disclaimer won’t work.”

Additionally, the DMV found something interesting about the vehicle title and bill of sale.

The VINs did not match and reflected that the dealership sold her a different Chevy Trax than the one she drove home.

Still, they refused to issue a refund.

The DMV sent Snell and the dealership a statement suggesting the dealership would face violations.

“The dealership will receive a to-be-determined violation from TxDMV,” the statement read.

“Any penalty shall take into account the Department’s policies, rules and regulations, including the dealer’s violation history as well as his cooperation in resolving the agreement and resolving all disputes with Ms. Snell.”

Take advantage of the rights you have and seek help. Situations like this happen all the time, but you can’t just sit back and take it.

Terra Snell

On June 5, Snell finally received his refund.

The dealership also collected an extra $1,000.

Snell was very happy to have the vehicle off his hands and his money back.

She told reporters that the media attention was what helped speed up the investigation.

“They mentioned that because of their segment on KENS 5 it sped up the process and they could look into it a little earlier,” she said.

After the interview, she said she intends to use the money to buy a different car.

However, she hopes her story inspires others with similar problems to seek help.

“Take advantage of the rights you have and seek help,” Snell said.

“Situations happen like this all the time, but you can’t just sit back and take it.”