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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33191
Experience:  Attorney with 15 years experience in various consumer protection areas
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Bought a used 2007 Subaru, Tribaca, in Calif., loved the car

Customer Question

Bought a used 2007 Subaru, Tribaca, in Calif., loved the car and all was great, drove it on day less than a mile from my house and it heated up, turned around and took it home. It ended up it had blown a head gasket, had just bought the car and made one payment from a used car dealer, as is. Upon investigation I found a radiator hose had been installed previous to my purchasing it and it had rubbed a small hole in the hose, which over time had allowed the water level to recede to a level which had caused the over heating, I had never noticed a heating indication until this incident. I contacted the used car dealer and they basically said, sorry to bad you did not call a tow truck, less than a mile from my house and they would help me get a deal on part and direct me to a mechanic who could fix it. We had a conference call with a mech. and the bot***** *****ne on repairs was 4 to 6 thousand. Well I had put 3,000. down on the car and financed the balance. Now I was to put out thousands more on only a suggestion that even after repairs I might only get 150,000 miles out of. I let the car go back, first time in 50 years of car buying, never a repo or bankruptcy in 70 years. I get a letter from the credit union that they have resold the car, got almost 3000. for it and want me to pay them and additional 5500.+. I do have a small handi man business to augment my s.s. but other than that no income. Do I have any legal leg to stand on, credit union said I might take her to small claims court and try to make come recovery. Is that fesible, I used most of my saving just to get into the car. Also if I do nothing what can the credit union do to me?
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I hate to have to be the bearer of bad news, but you are basically stuck because at this point the lender has already taken the car and sold it so you would owe them the deficiency amount between what was owed and what they got for it at the auction. .Any potential issue you might have with the seller wouldn't affect the contract that you had with the bank to pay them..As for the seller, if they sold it "as is" with no type of warranty, then it would have been up to you to have the car inspected prior to purchasing to ensure it is mechanically sound. After the purchase it is too late to hold them liable unless you can prove that they did something to actively conceal any problem..And the problem with that possibility is that the vehicle is now gone so you wouldn't be able to have a mechanic give you a report stating that it appeared like the seller tried to cover things up...Honestly, I don't see a realistic outcome here where you win a suit against the seller at this point...I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister
Customer: replied 6 months ago.
I did not want a lie from you and no reason to think I did, just the facts.
Expert:  Barrister replied 6 months ago.
I am always honest and straightforward with customers, even if the news is lousy, but I don't enjoy giving bad news to people. Unfortunately it is part of the job as some situations just don't have a good legal outcome for customers...Thanks for understanding my position.Barrister