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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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Me and my mom bought a used car a small used carlot..a 2000

Customer Question

me and my mom bought a used car a small used carlot..a 2000 ford crown victoria..they issued a 30 day warranty but we dont know exactly what warranty covers..we were charged over bluebook (almost $4,000.00) the payments are thru the roof, $900.00 down, $666.00 2 weeks later, then $600.00 a month..the sales mgr stated that "she woulkd work with us" so instead of paying the $666.00 we paid $400.00 and was 2 days late (car wouldnt start!!!) now instead of working with us as promised the sales mgr is taxing us an additional $350.00 on top of the $600.00 payment $950.00 due on the 21st of this month! and to make matters worse we found paperwork from the previous owner and the same ford crown vic was sold to that person for $2,000.00..we do not want this car anymore we cant afford the sky high payments nor being lied there any chance of getting are money back?? (we even asked for a refund 3 days later the car would not start...
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, did the dealer finance you yourself, or via a third party?
Customer: replied 2 years ago.
pretty sure they did..and i have good credit!
Customer: replied 2 years ago.
and because i have good credit i went to another bigger and better dealersship and drove away in a Cadillac STS only $239.00 a month..we are giving that ford crown vic back refund or not...guess we are burnt huh? they can get away with lying and trickbagging consumers??
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your follow-up.
Let me go through all the issues that I see based on this situation. If I miss anything, please let me know and I will clarify. Some information will likely not be favorable, so I ask that you do not blame the messenger.
First, let me discuss the sale itself. Since this is a used car, unless a contract states otherwise, there is no automatic right of rescission--you cannot give the car back or refuse the payments. The sale is final once made, and withholding payments or paying late is not a right. Even if the car does not start, your obligation to pay them still exists. Finally, getting a 'bad' deal is generally not a good defense unless the car itself was misrepresented or the features were not provided--if you chose to buy something at higher value, that is your right as it was your duty as a buyer to investigate and research values. The dealer does not have to accept the car back, and your obligation then exists. As for the fines for late payments, that is contractually limited--in other words, if they charged you $150, that fee must be listed in the financing agreement itself. The interest rate for the financing generally cannot be 'usurious' in nature. Lying and not stating you everything is not quite the same--if they purposefully misled you to the state of the car, then that is a potential ground for fraud and a void of the contract, but telling you that they would work with you and fail to do so is not seen as fraud or as lying since that would be covered under your signed and written agreement.
I wish I had better news here, but unless you have proof of them lying or they agree to take the car back, you cannot force them to return your deposit or waive your financial obligations. I am sorry!
Dimitry, Esq.