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My boyfriend recently purchased a car from a buy her/pay here

 
socrateaser's Avatar
  • Answered by:socrateaser
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Customer Question

My boyfriend recently purchased a car from a "buy her/pay here" auto dealer, which of whom did not disclose any problems pertaining to the car when asked only saying that the car was in "grade A" condition. The car has only been in his possession for 40 days, and was back at the dealer within a week for transmission issues. Now we have discovered that the car has several more issues than the original transmission issue. Upon my reviewing of the contract I noticed that the paper work is entirely incorrect and the name on the contact is not my boyfriends, even though he signed the papers in his own name, and there are no witnesses to the sale. I would like to know if there is any way that he can be released from this contract and a refund be made to him being as the car is not technically his.

 

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State/Country of Question: Alabama

Already Tried:
We have tried parting from the contract at the site of purchase, but they only offered to change the name on the contract.

Submitted: 1016 days and 1 hours ago.
Category: Legal
Value: $18
Status: CLOSED

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Expert:  socrateaser replied 1016 days and 1 hours ago.

The fact that the name on the contract is incorrect is irrelevant, as long as the vehicle is accurately described, and the actual buyer is the person who signed the contract.

 

This is because a court will imply the necessary terms to make the contract valid as long as it can be proved that the parties intended to contract -- and they obviously did, because your boyfriend signed the contract and took possession of the vehicle.

 

If you believe that you were defrauded into purchasing a vehicle that was in condition different than represented, then you can sue for misrepresentation. But, you will need witnesses to testify to the salesperson's false representations about the vehicle, or you will not be able to carry the burden of proof -- unless there are advertisements that falsely describe the vehicle.

 

Hope this helps.

 

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Expert TypeLawyer
Pos. Feedback: 99.0 %
Accepts: 5961
Answered: 8/10/2009

Experience: Retired (mostly)

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