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MIAMILAW1127, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I recently traded my lease in early leased car (at the same

Customer Question

Hi, my name is Stacy. I recently traded my lease in early for another leased car (at the same dealership). I bought (leased) it 5/30/16, the dealer/owner and I negotiated a monthly payment and I signed the contract. I've been doing business with them for my last 4 cars (as well as my entire family), so we had a friendly relationship and I trusted him. The first thing was that AFTER we negotiated the payment and signed, he told me that he would need the $500 down payment. We NEVER discussed a down-payment. I didn't have it, so he said I could make payments to him. Now, the main issue is that my 2014 car is not "grounded" yet, so I'm still receiving bills for that car as well as the new 2016. I cannot afford 2 car payments and I don't even have the 2014 in my possession to begin with. 2 weeks ago, I called the owner and he told me NOT to call KIA and to only deal with him. He said Kia was really behind and he would give me the payment each month until Kia grounded it. This past Monday I checked Kia's website & it STILL has me as the owner and is charging me monthly payments as well as LATE payments. I called the owner and he told me to come in later that week, but to "NOT call Kia or he will be very unhappy with me and will not help me"... I went in yesterday and he told me that what he did was put my car on consignment (unbeknownst to me) and that when he sells it, then he would "ground" it and that if I didn't do it this way, I would have to pay $6,734. 00. He told me to not even visit the website because if Kia found out what was going on that it would fall back on me and I'd have to pay thousands of dollars. He said he is doing this to HELP me because he doesn't want me to have to pay all that money. This does NOT sound right to me. If I had known this was the situation and he was putting my car on consignment I would've NEVER, EVER done that. So, now I'm responsible for 2 car payments, both in my name and I'm wondering if something happens to the 2014, am I going to be responsible for it on top of all this mess? I'm really not sure what to do, this seems like a very shady situation and the fact that he wants me to have nothing to do with Kia's website and/or call them makes me think it's definitely not legit. Can you please let me know what I should do? I'm very upset and I really don't know what to do. I'm sorry for being so verbose, but thank you for taking the time to read my situation. Thank you!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Technically, yes. If something happens to the 2014 KIA, you will be responsible for it because it is still under your name. It seems like the man you are speaking to is doing something shady and is trying to cover himself. I can't imagine that you would have any issues here as you are a bonafide purchaser and any actions taken by him were completely without your knowledge. I would contact KIA directly and explain to them what is going on.

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