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In 2015 I purchase a vehicle from a local dealership. they…

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In 2015 I purchase...

In 2015 I purchase a vehicle from a local dealership. they had one of those canadawide experts blah blah.. I go in and traded my 2011 chev impala for a 2015 Kia Sorento... My sister needed to co sign on this loan and the representative assured her that after one year she could be taken off no problem.. a year passes and I go in to talk to the dealership about the suv I purchase. I was concerned as upon finding out that I paid 39000.00 before taxes and fees for a used vehicle with 45000km on it. (BOS said there were 24000 km) on it. I was naive and I believe i was taken advantage of by the dealership as a 2nd hand kia sorento with 45 k km has a resale value of aprox 24k. on my bill of sale it says they gave me 10000 for my trade in and paid my lien off for 10000. so after a year we go back and i was told we could do the swap because I missed one cell phone payment.. so I waited a year later and went to see them yesterday and they told me they can't do it because the vehicle has a 40k balance.. i feel like a fool. a real fool..

Lawyer's Assistant: What state is this in? And how old is the car?

It's in New Brunswick .. it's a 2015 so it's 2-2.5 years old

Lawyer's Assistant: Have you contacted the manufacturer?

I contacted Lounsbury's last year and was sent to the same place I bought the car.. these ppl do events for lounbury's where my sister and I were yelled and embaressed by these ppl

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to state that as a woman i was taken advantage of and this needs to stop

Submitted: 9 months ago.Category: Canada Law
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Answered in 3 hours by:
9/21/2017
Lawyer: Debra, Lawyer replied 9 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,116
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 9 months ago

I am sorry to hear this.

Are you saying that after one year they would not allow you to remove your sister contrary to the agreement?

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Customer reply replied 9 months ago
No they came up with an excuse that I missed one cell phone bill..
so I waited for a year to prove my pmt history was perfect and when I went yesterday they informed me they would NOT touch me because I owed 40000 on the vehicle without a missied pmt..
Customer reply replied 9 months ago
I had contacted the manager of Lounsbury and he was the one who sent me to this place to try and fix it because even he could not figure out what was wrong that the bill of sale read 24000 km and there were 45000 when the inspection was done the day I got the car. and there were 45000+ km on the car when i bought it
Customer reply replied 9 months ago
I contacted the mgr last year
Customer reply replied 9 months ago
I'm frustrated because I feel i was heavily taken advantage of.. when I priced a NEW kia Sorento like mine last year for fun the purchase price with taxes was 36000 aprox with taxes and I paid 49000.00
Lawyer: Debra, Lawyer replied 9 months ago

What do you mean by a cell phone payment.

And what are you then asking about. Are you asking if there is anything you can do now because you ere told that you were paying for a car with 24,000KM but n the end there was almost double that?

But if so didn't you see this when you took the car?

When in 2015 did you purchase the car?

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Customer reply replied 9 months ago
Telus reports on your Credit report.. and when my mother got sick and passed away I forgot to pay that months bill with everything going on and it reported negatively on my credit..what i'm asking is if I can take them to court for overpricing the vehicle I bought.. and I was excited when i got the vehicle.. and many minor details were overlooked.. the fact I had NO idea what a car is valued at was my main problem..The overcharged me by 15000.00 for this vehicle.. and Knew there was no way I could get my sister off in a year because of them gouging me in the price.. I was a single mom with three kids and they threw this suv at me.. I probably should have read the fine details but they lied to me, inflated the price, lied on the sales contract about the amount of kms. that's a breach in itself.
I'm pissed off that they saw me coming and took complete advantage of me.
Customer reply replied 9 months ago
Then gave me the run around for the last year all the while having me believe that I could take my sister off this loan.
Lawyer: Debra, Lawyer replied 9 months ago

But when exactly did you buy the car and why didn't you discover about the kms when you took the car?

These details are vital and I will explain why once I hear the answer.

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Customer reply replied 9 months ago
I bought it in October 2015..Because I was stupid and didn't check the BOS after they put it all in an envelope.. I was caught in the moment and I'm to blame for that..
Lawyer: Debra, Lawyer replied 9 months ago

You are OK. It's not too late to sue.

You have until October to sue. Specifically you can sue up to the day before you bought the car two years ago.

And while it's not likely you will win because the car was overpriced (that was your choice as you could have bought elsewhere or researched and spoke to other dealers ) you can win because of the mis-representation of the mileage.

So your next step is to send them a demand letter demanding what you want from them and explaining why and giving them a deadline to comply. Tell them if they fail to comply you will commence legal proceedings and then be seeking interest and your costs.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 9 months ago
do I write a demand letter and since we're so close to October shouldn't I move on the court proceedings.. they've wasted alot of time with the running around..
Lawyer: Debra, Lawyer replied 9 months ago

You should send one demand letter but also start the claim on time.

You don't have to serve it right away so long as it is issued in the court. In fact, check, with the court but I believe you have six months to serve after having the claim issued by the court.

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Lawyer: Debra, Lawyer replied 9 months ago

Is there anything more I can help you with at this point in time?

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