Is a salesman allowed to take my vehicle home

UPDATED: Sep 30, 2022

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Is a salesman allowed to take my vehicle home

My car was supposed to be in the dealership
for repair and the salesman took it to his house
overnight without my consent or knowledge.
What can I do?

Asked on April 6, 2016 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, no, he cannot take it home absent exceptional and fairly obvoius circumstances, in which he had to take it home to protect it (e.g. a nearby river was rising, threatening to flood the dealership). As a practical matter, if no damage was done and the car has been returned, there is nothing the law can or will do for you; but if the car was damaged when he did this or he's not returning it, you could sue him and/or file charges for theft.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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