Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law

In 2012, as I was considering retirement the next year, my

Customer Question
In 2012, as I was...
In 2012, as I was considering retirement the next year, my mother, for whom I was the caregiver, suggested that I get me a retirement car. I had my 2nd Nissan Altima for which I was well pleased. So, being obedient, I first did my research and obtained a quote for a 2013 Altima from a dealership in a nearby city. Having already been pre-approved by my credit union for $25,000, I decided to check out Altimas at a dealership closer to home. This dealer matched the quote I had already received; however, he did not use my credit union. When questioned, the finance agent stated that he got me a better deal by going through Nissan.
I feel as though I am being continually taken advantage of, first by the dealership and now by the bank for this 2013 Nissan Maxima. I went into the dealership to purchase a 2013 Altima but there were problems with this car. , I was instructed to bring it in after advising the salesman of the problem. I did this with the false understanding that repairs would be eliminated at the dealership; however, this was not the case. The salesman suggested that I drive the Maxima to see how I liked it. After coming back, I told him I liked the car but could not afford it, but he went on to advise me that they would work with me on the pricing so I could purchase the Maxima. I continually reiterated that it could not exceed my $25,000 pre-approved loan amount.
Needless to say, I ended up walking out with the Maxima - owing over $45,000(this included a $4,000 loyalty certificate). When I questioned the amount, I was told by the financial agent that the contract had to be written this way to remove the 2013 Altima. I kept asking, but was never told the price of the Maxima. I had come straight from work, it was late at night, I was tired and felt battered, and I was concerned about my mom, so I just signed so I could get home. Using my IRA, I never missed a payment nor was I ever late.
I live off social security and a small pension check that are being stretched monthly to cover my living expenses. . After being informed earlier this year that I had only 10 months left in my IRA at the rate in which it was being used, I was at a loss as to what I could do.
Knowing that, within the next month or two I would be unable to continue paying the monthly payments (almost $500; I only get 1225 from SSI), I contacted the bank and was told that I could surrender the car. However, I checked first to see how much the pay-off balance would be ($16,500) and the value of the car ($12,000 - $17,000)
Today (8/25/16), I received a certified letter stating that I had to pay $7,120.98 within the next 10 days. Right now, I don’t have $70 and can’t possibly take on any more debt. I don’t know what the car was sold for (sealed bid) but it appears to me that the car was literally “Given away”. Even in a sealed bid the starting price should have been at least $12000 which would not leave me owing $7,102.98. How can I fight the amount that they are demanding I pay?
Submitted: 1 year ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 26 minutes by:
8/31/2016
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 121,084
Experience: Attorney experienced in commercial litigation.
Verified
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 arguments you are making of their unfair and deceptive practices and bait and switch with you are too late. You could have raised those issues back in 2013, but the statute of limitations on those claims is 1 year from date you entered the contract.
I am afraid that if you surrendered the car and did a voluntary repossession, then you are liable for the difference in the auction price and loan balance. The good news here is you can dispute the amount due if they did not sell the car at or near book value. So if book value on the car was at least $12,000 and they did not sell it for at least that, then you need to send them a letter informing them they had a duty to sell at or near book value and as they did not do so you do not owe them the $7,000 and only owe them the difference between book value and the loan balance and you need to offer them $2500 and argue the car should have sold for at least $14000. You do owe something on a voluntary repossession if they did not get enough for the balance of the loan, so now you have to fight them on the amount.
If they refuse, then you would have to sue them for breach of contract for not selling the car at the proper reasonable book value.
Ask Your Own Consumer Protection Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 121,084
121,084 Satisfied Customers
Experience: Attorney experienced in commercial litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I inherited my fathers house when he passed away. He had
I inherited my fathers house when he passed away. He had solar panels that he had leased with 22 years left on the lease. We are paying monthly payment of $166. My electric bill for Dec. was $330, so … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
How do I prosecute a USA federal agency, IE: HUD for fraud
Second opinion] How do I prosecute a USA federal agency, IE: HUD for fraud and misrepresentation.?… read more
Expert James
Expert James
Doctoral Degree
11,699 satisfied customers
In Nebraska, does a dealer have to tell you if a car was a
In Nebraska, does a dealer have to tell you if a car was a rental before they sell it to you? If they didn't tell you this, is there anything you can do after the sell? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
How much is the total amount of cash in USD I can receive as
How much is the total amount of cash in USD I can receive as gifts in 2018 from different people within US?… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I had filed for insurance with Texas wind storm insurance
I had filed for insurance with Texas wind storm insurance association due to the damage on my house from Hurricane Harvey and I got an accepted letter in the mail accepting the all the damages from adjuster and told me they have mailed out a check to me which will take between 7 to 10 business days … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
My husband was in an accident on a Friday and CHP would not
My husband was in an accident on a Friday and CHP would not let him call Auto Club for a tow. Truck was totaled and the tow company wanted $330 to store and 609.00 for a less than 10 mile tow! Truck i… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
My dog was ordered muzzled in Millbury MA. I wish to have
I wish to have the order reviewed in the Worcester district court. can you call me? I will pay for these services.(###) ###-####… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
I would like to ask a legal question on a remedy for a bank
I would like to ask a legal question on a remedy for a bank who hasn't "accepted for value, returned for value for settlement and closure" documents. I've also sent a legal letter which requests the b… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,084 satisfied customers
I had a sewer back up in my 2 bathrooms, and I need a
I had a sewer back up in my 2 bathrooms, and I need a lawyer... … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,084 satisfied customers
I recently took my automobile to a repair shop because it
I recently took my automobile to a repair shop because it was jerking, so the repair shop charged a diagnostic fee and then proceeded to make repairs. after three weeks I assumed the problem had been … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I am being sued by a hospital for a past due medical bill. I
I am being sued by a hospital for a past due medical bill. I want to try to settle this out of court, but I don't know how to go about it. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
My wife brought out 2010 Camry SE to Walmart for an oil
My wife brought out 2010 Camry SE to Walmart for an oil change today at about 2:45 pm (Jan 18, 2018). They denied her service saying they could not remove the oil drain plug because it was over tighte… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I purchased both a Bissell and Shark Vacuums. Once they
I purchased both a Bissell and Shark Vacuums. Once they arrived , I decided I wanted to return the Shark. I was issued a return label, but by accident, prior to vacation prep rush, the Bissell was sen… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,084 satisfied customers
I have Amex $10k debt. They are suing me in state court. I
I have Amex $10k debt. They are suing me in state court. I responded to the summon. Court proceeding is still in progress. Amex is offering $5K settlement with 6 equal payments. I am planning to borro… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I bought a used car from a relative spouse. I was told the
I bought a used car from a relative spouse. I was told the car had a minor problem which was a broken gear rod. I called the dealership and was quoted a reasonable price to fix it 1,400.00. After havi… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
My friend and i bought a unit to this place yesterday and
Hi. my friend and i bought a unit to this place yesterday and i've been having doubts about it since we left. I was wondering how we can get out of the contract :( … read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,607 satisfied customers
Can you bring an action for failure to deal in good faith in
Can you bring an action for failure to deal in good faith in Las Vegas Small Claims court … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I took a $25K personal loan from circle back lending around
I took a $25K personal loan from circle back lending around 2 years back. Due to business loss, I could not make up the payment. I was charged off by the end of 2016. Subsequently the loan was sold to… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x