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The Texas lemon law even states that a spot delivery is not legal unless the consumer has filled out a conditional sales contract (also called a bailment agreement) and it has been made very clear to the consumer that they may have to return and sign another contract with higher payments, higher interest, or larger ...
FINANCE CODE CHAPTER 345. RETAIL INSTALLMENT SALES. (C) regularly and principally engaged in the business of lending money for personal, family, or household purposes. (C) for a retail credit card arrangement, the credit card issuer under the arrangement.
FINANCE CODE CHAPTER 353. COMMERCIAL MOTOR VEHICLE INSTALLMENT SALES. (C) a motor vehicle that will be part of a fleet of five or more vehicles owned by the same person. (C) one or more payments owed under the retail installment contract, in the event of the disability of the retail buyer.
Accepting a property ?as is? as stated in Paragraph 7D(1) in the One to Four Family Residential Contract means a buyer accepts the property in its current condition at the time of the execution of the contract. Usually at the time of contract execution the buyer knows very little about the condition of the property.
Your potential statutory remedies and your remedies under claims for common law fraud or misrepresentation all potentially include monetary damages, rescission of the agreement, or punitive damages, depending on the wrongful acts of the seller.
Although the ?as is? clause relieves sellers of most responsibility for the condition of the house and frees them from repairing items before selling, a seller still must disclose certain information to a potential buyer in order to be in alignment with Section 5.0008 of the Texas Property Code.
The statute of limitations for breach of contract is four years in Texas. From the time you both signed the contract until you file your case must be four years or less. Your best chance for a successful suit is to use your time wisely. Find issues early if you need to bring a lawsuit for damages against the seller.
2d 156, 161 (Tex. 1995) (citations omitted). A valid ?as is? clause prevents a buyer from holding a seller liable if the property is worth less than the price paid. When a buyer agrees to an ?as is? clause, the buyer assumes the risk on his own. He agrees to take on the risk in determining the value of the property.