How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37945
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I bought a caerchargedr and at the time of purchase I put

Customer Question

I bought a caerchargedr and at the time of purchase I put $12,000.00 down the car cost $16,000.00 However the Honda dealership financed me on $5,000.00 a thousand dollors more than the car cost as a result I put down to much money and instead of Honda returning my money they they kept the overcharge which prevented me from making my payments. As a result my car was repoed and sold infact it was sold for approximately $1,200.00 more than it was worth. Honda gave me back the overcharge, then two months after I received that money they relized I had put down to much money to begin with and sent me another cheque for 2,080.00 dollors. Now had they not overcharged me to begin with I would have been able to make my payments and my car would not have gotten repossed. What kind of legal course do I have against honda for a mistake that they committed in taking my car when it was there doing that prevented me from making my payments in the first place, and the pain and suffering that it has caused me?
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

I am sorry but I fail to see a cause of action. Since you did not notice the mistake until after the fact, and the dealership completely refunded you the overage, there is no injury on your part--Honda did not commit theft or somehow held on to too much money. You, it appears, made money on the deal, and therefore you do not have standing to sue under US law. As you signed the agreement for the greater amount, you had to make the payments--your failure to not being able to make the payments is not negated by the very real mistake that Honda made...and later compensated you for. In addition such claims cannot be pursued for pain and suffering--you did not suffer any personal injury such as a battery which would give rise to such claims.

I am sorry.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 5:27 AM EST
Customer: replied 3 years ago.
I think your missing the point. Had Honda not overcharged me to begin with I would have had enough money to make my payments. You say I made money on the deal, well where the hell is the $12,000.00 I gave them. Im out $12,000.00 because of a mistake that was caused by Honda overcharging me in the first place. I got beat for 12 grand and a car, not to mention I lost my job because I couldnt get to work.Now how the hell did I make money on this deal. I would think at the very minimum I would have some type of tort or other legal cause of action, because as a consummer I must rely on these large companys to act farely and not make the type of mistakes that would cause a hardship upon consummers.You also state I didnt suffer serious physical injury. This claim is not made pursuant to Title 42 section 1983 U.S.C. Infact many courts dont support this narrow interpetation of the law. And im not here to battle with you, but I am here to say I do have legal standing and I want to find out the the course of action in pursuing this litigation.
Expert:  Dimitry K., Esq. replied 3 years ago.
Oh I see--when you stated that they sold it for $1,200 more, the assumption was that it was for above the original cost of the vehicle. If that $1,200 was just above the debt, that is a different issue.

I am also not here to battle with you--I am here to interpret your situation and see if I can assist you. The law you cite is not relevant here--a 1983 claim is for due process violation, and not what occurred in this situation. Whether or not courts do or do not interpret the law, you are seeking a constitutional ground which you simply do not possess in this case.

At best you have a breach of contract claim coupled with a claim for deceptive sales practices and a means of getting the state attorney general's office involved. I still do not see grounds for "pain and suffering", as you still remain responsible in reviewing your own agreements when you sign them. If you wish to pursue them, find a good commercial protection attorney in your area to see your chances--I really do not see grounds here for a successful conclusion unless you can prove that you were intentionally misrepresented the contract that you ended up signing. Sorry, I prefer to tell you what I see rather than what you may wish to hear--it would allow you a greater chance in figuring out your best options.

Good luck.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 6:00 AM EST

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.