TX STATETexas Court of Appeals, 1st District (Houston)
1991

Transmission Exchange Inc. v. Long

821 S.W.2d 265Texas Court of Appeals, 1st District (Houston) • Decided 1991Enforced
Lien RightsCited 70 times

HOLDING

A transmission repair shop quoted a customer one price ($326) but charged nearly $500 after starting work, claiming additional charges were needed. The customer refused to pay and the shop refused to release the vehicle. The court found this was fraud and a deceptive trade practice, awarding the customer actual and punitive damages. For subcontractors, this case shows that bait-and-switch pricing and refusing to release work until full payment is made can result in fraud liability and punitive damages.

KEY FINDINGS

Lien Rights

Quote prices clearly and in writing. Verbal quotes that differ from advertised prices create fraud liability, especially if the customer reasonably relied on the lower figure.

FULL COURT OPINION