Can a car dealer's misrepresentations violate the Texas DTPA?

Rule Under Texas Law

• False representations about a vehicle's characteristics, history, or condition violate § 17.46(b).
• Failing to disclose known defects, prior damage, or salvage status is actionable under § 17.46(b)(24).
• Odometer tampering or misrepresentation is a separate violation under state and federal law.
• Bait-and-switch tactics in advertising vehicles are specifically prohibited.

What You Must Prove

• The dealer made false representations about the vehicle's condition, history, or features.
• Alternatively, the dealer failed to disclose known material information.
• The buyer is a consumer who purchased or leased the vehicle.
• The misrepresentation or non-disclosure was a producing cause of actual damages.

Common Defenses

• The dealer disclosed all known material information.
• The buyer had the opportunity to inspect the vehicle and discover the issue.
• The representation was accurate based on information available to the dealer.
• The claim is barred by the statute of limitations or as-is disclaimers.

Damages and Attorney's Fees

• The difference between the value as represented and actual value.
• Cost of repairs for undisclosed defects.
• Treble damages for knowing or intentional violations.
• Attorney's fees for prevailing consumers.

Related Texas DTPA Pages