QUESTION
Can I get out of my car lease after the car caught on fire at the dealership?
Asked on Apr 07th, 2014 on Consumer Law - Texas
More details to this question:
I handed the car in for scheduled service November 8th 2013 and complained about the exhaust pipes leaving black residue on the back of the car. BMW Advantage Clear Lake, TX, said they must change the turbos. They did and returned the car. The car smelled terribly of gasoline when starting the engine so I handed it back in. A few days later I got a call that the car had caught on fire in their parking lot. This happened December 13. I have been patiently waiting for BMW to help me either get a new car or out of the lease (preferred). NOTHING is happening. Every time we call, we get at new story of WHY nothing is happening. I can't take it anymore. I am still paying for my X5, afraid to get bad credit if I stop. I have waited 5 months. I am driving a loaner vehicle of lesser value than my lease car, which I am paying for.
1 ANSWER
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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You may have a deceptive trade practices act (DTPA) claim against the dealership.
Under this law, it is illegal to:
Knowingly make a false or misleading statement about the need for parts, replacement or repair service.
State that work has been done or parts were replaced when that is not true.
When you left the car in their care to be repaired, you created what is legally known as a bailment. The dealer was trusted to fix the car with reasonable care and alert you to any known dangers that may be present with the vehicle. It is unclear whether it was a problem with the vehicle or some outside factor that caused it to set on fire, but they had a responsibility to act with care while you left the vehicle on their premises. More information is needed about the source of the fire, but it looks like you may have a claim against them for damage to your vehicle while it was in their possession.
Answered on Apr 08th, 2014 at 1:44 PM