On July 20, 2016, I purchased a Mercedes Benz from Dallas Roadster. Prior to the purchase a Dallas Roadster salesman advised me that the vehicle had been “thoroughly examined” by Dallas Roadster’s mechanic and was in excellent mechanical condition. I transported the car from Dallas to an out-of-state location. Imagine my surprise when the car wouldn’t start when I tried to unload it from the trailer. I had to jump start it to unload it and over the next several weeks the car did not start on an annoyingly regular basis. The local Mercedes dealer examined the car and advised that the battery was defective. You have to admit that is an interesting revelation considering that discovering a malfunctioning battery is one of the easiest determinations made by a mechanic conducting a “thorough examination.”
Prior to the sale, I noticed a bulge on the passenger-side front tire when I was purchasing the car. The salesman told me that Dallas Roadster's mechanic would “take care of it” and “make things right.” When I returned to pick-up the car, I examined the tire and the salesman advised that the “mechanic fixed it.” A few days later, I discovered that the air pressure in this tire was very low and refilled it. The tire pressure was again low the following day and I took it to a tire repair shop. The repairman advised that the tire had been reversed to conceal the bulge on the inside of the tire. [Apparently, this is Dallas Roadster's definition of “making things right.”].
Dallas Roadster's conduct is in violation of the Texas Deceptive Trade Practices-Consumer Protection Act (“DTPA”), Tex. Bus. & Com. Code §§ 17.41-17.63 (West 2011).