Tx Car Dealer Changed Otd Price By Lowering Vehicle Selling Price But Keeping A $2k "protection Package" Line-item. Now They Refuse To Deliver The Items In The Package. Dtpa Violation?
I recently purchased a used car from a dealership in Houston, Texas.
During negotiations, I insisted on a flat out-of-the-door (OTD) price. To hit this exact target, the dealership's finance department chose to internally discount the vehicle's base price on the signed Buyer's Order, while keeping a full $2k line-item charge active for a dealer add-on bundle.
The signed contract itself lists the package name and price but doesn't explicitly itemize the individual components.
The catch is that the physical sticker addendum is no longer on the vehicle, and the photograph I took during my test drive is the absolute only evidence I have of what was actually listed on it. That sticker photograph explicitly itemizes the 4 items included under that exact package name and price:
Recover (3-year service included)
Clear shield package
Window tint
Nitrogen tires
The Problem & Evidence:Post-delivery inspection revealed they heavily shorted me on the package. The clear paint protection film was completely omitted from the hood and high-impact zones; the car only has a basic vertical door edge guard strip.
On the day of the purchase, the dealership went through the motions of transferring an alternate tracking system app account ownership (Ikon) to me. However, the car's location in the app never updated and still shows the vehicle sitting at the dealership lot. When I called the store to ask why it wasn't tracking, they explicitly told me that it doesn't matter because they don't transfer the active service subscription to used car buyers. They told me I have to buy a brand new subscription myself if I want it to actually track my car. At this point, I don't even know if the tracking hardware is still physically inside my vehicle.
Furthermore, I texted my sales representative today asking how to get the 3-year tracking service and the clear paint protection listed on the window sticker. She texted back explicitly stating that the package only includes nitrogen for tires, window tint, and door edge guards, and verified that the tracking system is a product I have to purchase separately. I immediately texted her back the photo of the vehicle's window sticker proving it was explicitly included in that package price.
My Questions:
1.By giving me a dead account, telling me on the phone I have to buy my own subscription, and downsizing the package over text, doesn't this establish a written and verbal admission of non-performance/bait-and-switch?
2.Does a test-drive photograph of the window addendum carry full legal weight to define a vague $1,998 contract label under the Texas Deceptive Trade Practices Act (DTPA) if it is my only proof?
3.Can the dealer legally argue that because they dropped the vehicle's core price to hit my $29,000 target, the package was "free" and they don't owe me full delivery?
I would appreciate any insight on my legal standing here. Thanks
Location: Houston, Texas
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