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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118689
Experience:  Attorney experienced in commercial litigation.
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I need to do a vol surrender of a vehicle. It used car.

Customer Question

I need to do a vol surrender of a vehicle. It used car. Bought little over yr ago. Has electrical issue since purchased took to there recommend repair shop The tick did not occur for them Had checked on my own and did little internet investigating seems common issue. Now after only 1yr owning this vehicle just spent 200$ for battery and it needs a brake job 1000$. Feel I was taken advantage of because I had to purchase through a high risk dealership place. They offer no help. I want out
JA: OK. The Consumer Protection Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Can't think anything right off hand.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the purchase of a used vehicle is considered to be as is unless you received a written warranty to the contrary. An as is sale is one where the buyer has the risk of any hidden defects in the vehicle. If you have had the vehicle about a year, I am afraid you would not have any recourse against the seller, since you would have to prove reasonably soon after the sale the seller knew these defects were present at the time of the sale and as you have used it for a year and the electrical issue did not show up when you brought it in, meeting that burden of proof could be very difficult if not impossible.
So if you do a voluntary surrender, you can still be liable to them for paying them the balance due on the loan after they sell the vehicle if they are not able to sell the vehicle at an amount sufficient to cover the loan balance. If you are able to repair it and sell it on your own you may end up doing better than doing the voluntary surrender, because they have no motivation to resell the car and can just continue to make you pay for it or sue for judgment on the voluntary repossession.