Quote:
Originally Posted by Jmoney7269
She said as is is as is lol. But in Texas, words are a legally binding contract also if there is any proof. I have proof
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LOL I am not surpised she said that. Actually my wife is an attorney that specializes in contract law. She pointed out to me today when I asked her that not all states laws are the same. But she did agree that in the states she is familiar with when you buy as is that pretty much seals the deal. Words are legally binding contract the problem is two fold.
1. Can you prove that it was not working when the vehicle left the dealer ship. If it quit working ten feet past the dealers drive way they have met the contractural requirement of their statement everything works.
2. Every contract I have ever seen has the clause about :this contract supersedes all prior contracts both verbal and written.: I am paraphrasing but there is something along that line in there. Especially on an As Is contract.
Keep one thing very clear when you do these kind of exercises. It really does not matter what the contract actually says. What matters is how the judge that hears your case interprets it. Depending on how deep your pockets are you can maybe keep going up until you find a judge that agrees with you but basically how the first judge interprets it is going to be how it is. In my small claims case I have talked to several rather good attorneys including my wife ( this happened before I knew her) Every attorney I talked to said the judge was wrong in his interpretation but guess what I did not walk away with any money.