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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 29058
Experience:  30 years experience representing clients.
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I bought a vehicle and when I got home found out the whole

Customer Question

I bought a vehicle and when I got home found out the whole front end was rotted out and it had to be replaced and it cost a $2,000 I want to make a stop payment on a check for payment of the vehicle of $1,000 what's my legal ramifications on that. Thank you for your time
Submitted: 3 months ago.
Category: Legal
Expert:  Loren replied 3 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Was the car purchased from a dealer?
Was a warranty given or was it purchased as-is?
Did you have an opportunity to inspect the vehicle or have your mechanic inspect it?
Expert:  Loren replied 3 months ago.
I am sorry to hear of your dilemma.   I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Stopping payment after taking possession of the vehicle is never a good idea, as it opens you up to criminal charges (theft and fraud) and civil liability with the potential award to the seller of their attorney fees and punitive damages).
Your recourse is to sue the seller for fraud in small claims court.  Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court.   You can get the necessary forms to start from the clerk of the court.
Expert:  Loren replied 3 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not  a moral judgement on my part.  As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 3 months ago.
Did you have further questions? Have I answered your question?

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