Hello! I just received a simple interest extension agreement from state farm where I have a loan for this car that I actually can't drive (not passing emission inspection and tags are now expired) and they misspelled my name and put a new maturity date of July(NNN) NNN-NNNN(yes 3 ones)... Could I turn that into my favor..? I don't want anything to do with the car; I am tempted to let them repossess it if it wasn't for my credit taking a hit... I know it is a long shot but I was wondering if there mistake might be something I could turn in my favor...Thanks a lot for any advise!!Eve-Marie
Country relating to Question: United States
State (if USA): Maryland
Tried to go bck to dealership that sold the car already not passing emission but apparently that was legal. Tried to get another extension from DMV for the registration but they refused.... So now car is stuck with expired tags, can't drive it and still having to pay for the loan...
Did you sign the extension agreement with State Farm?
Not yet, I was about to and figured I should see if I can turn that into my favor... Thanks
Unfortunately, the mistake in the name and date (July 111) is not something that can/will work in your favor. These mistakes are what would be considered "de minimis" and curable. Once you sign the agreement, unless the name is XXXXX XXXXX from your own (like writing XXXXX XXXXX instead of John Doe), then the agreement becomes binding and enforceable.
:( ok thanksany other idea on how to get from under this Loan on a car that I can't use? That doesn't seem really legal to me that the dealership could sell me a car that doesn't pass inspection, that I then can't register and that the DMV is doing nothing to help either.... thx
That is a separate question from your original post. Nevertheless, presumably you purchased the vehicle as is. How long ago did you buy it?
Well I might not have formulated it correctly but my main question is how in the world can I get from under this car...? the typos was a thought.. thanks for your time... it has been almost a year now, I have tried so many things to fix it and such and now I am stuck with an unusable car for which I need to make paiements... I am hoping there is something I can do about that... and they didn't say it wasn't passing emission inspection just that they hadn't had the time to do it... but I am thinking they knew it wouldn't pass... Thanks
Actually, your initial question as posted was whether the typo in the insurance company's loan extension would benefit you, to which I provided a very specific response.How long ago did you purchase the car from the dealership?
I already replied this - about a year agoAgain sry if thT wasn't clear I did put more details from the beginning hoping to get help with this situation... Typing in phone not easy to review....
Your only recourse based on the facts you presented is if you can demonstrate that the dealership where you bought the car made factual misrepresentations about the car to you. For example, if they told you that the car was in good working condition and would pass inspection and emissions testing, and it never did, then you would be able to file a lawsuit against the dealership on the grounds of Breach of Contract and (implied) warranty, as well as fraudulent inducement to contract. You would have three years from the date of the sale to file such a lawsuit.
Thanks! I don't have any proof thoUgh... It would just be my word against there.. And they have lawyers, I don't nor do I have the money for one... :( Thanks for your time
You can try sending them a letter via certified mail outlining the problem and demanding that based on their salesperson's representations about the car concerning is condition and ability to pass inspection and emissions, you bought it, only to find out that the salesperson lied. Specify the name of the salesperson if you can, as well as the date of the conversation. Then demand that they either repair the car or refund your money in order to avoid a breach of contract and fraudulent inducement to contract lawsuit.
Thanks! I had triés sommething similar and got a 'nice' letter back from lawyer telling me I was wrong.... That they had no obligation to have it pass the emission inspection.... Now I didn't play on the 'lying' part but I must admit I can't recall all that happenned.. On top of all that it was for my boyfriend of the time that since then left me... At this point I just want to be done with this car nnwill probably let state farm repossess it even if that means impacting my credit.... Not sure what else to do... Anyways thanks again!
My pleasure. Best of luck!
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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