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I want to get out of a used car contract, because 1. they…

I want to get...

I want to get out of a used car contract, because 1. they (dealer #2, I'll call them) didn't disclose a defect in the left front part of the car (door doesn't seal to body due to a previous accident, causing wind, moisture and noise to come into the vehicle; 2. because they ASSURED me that a previous contract I had siged from a different dealer (dealer #1) could be cancelled and a loan cancelled, if I HAD NOT TAKEN POSSESSION OF THAT VEHICLE. This information was not true, resulting in my being on the hook for TWO car loans. They also assured me that since the air bags had not deployed in the accident on the CARFAX, that no frame damage would have been done; this is not true, as the impact was on the left front side, and affected the door/body seal, as previously mentioned. I live in the state of Virginia.

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

Virginia. The car is a 2008 VW GTI. It also has other issues as discovered after a post-purchase diagnostic at a shop that specializes in VW repairs.

Lawyer's Assistant: Have you contacted the manufacturer?

I purchased this car at a used car dealership - a mom and pop business.

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

The car was purchased in Virginia. THREE dealers have mentioned the same fact to me, that if you don't take possession of the car in Virginia, you can get out of a contract - when I asked one dealer what law this was, he wouldn't tell me - as I guess it is a dealer secret.

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Answered in 16 minutes by:
11/21/2017
WiseOwl58
WiseOwl58, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4,528
Experience: Consumer Protection Expert and Advocate
Verified

Under Virginia law, you have three days from the date you discover the defect to get out of the contract, and a longer period if you can show that the dealer knew about it and defrauded you. I suggest you give immediate notice that you are terminating the purchase and returning the car and demand your money back.

Please rate 4 or 5 stars and close out the question. Good luck to you. I wish you all the best.

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Customer reply replied 7 months ago
Thank you, I'm going to write to them; they were going to address some of the repairs, but really, I don't want that car. What if I tell them I want my money back, and they don't comply? Then what? (They need to repay USAA and refund my $1,300 deposit.)

Then you would take them to small claims court in Virginia.

Here is the form to do that:

https://selfhelp.vacourts.gov/node/11/small-claims

Please rate 4 or 5 stars and close out the question. Good luck to you. I wish you all the best.

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Please rate 4 or 5 stars and close out the question. Good luck to you. I wish you all the best.

WiseOwl58
WiseOwl58, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4,528
Experience: Consumer Protection Expert and Advocate
Verified
WiseOwl58 and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 6 months ago
I don't use a smart phone, so I can't benefit from the app. I use a flip phone whih reeies te only.I'm arill nor our o rhe woods with the car debacle.Car dealer #2 wants to repair vehicle, but I don't want the vehicle at all. They want me to sell it. I want them to sell it and I want my money refunded to USAA in the amount of $9000. I want to xancell the 3-yr warranty which was rolled into the loan at $1890 to Penn Warranty Co. This company has very poor reviews on BBB and is not BBB accredited. I have a bad feeling about this car and dealership, Prize Auto of Alexandria, VA.
Customer reply replied 6 months ago
I have another question. If I don't take the possession of car, who owns the car? What law is there in Virginia about this? At least three dealers (Prize Auto salesman J., Nissan Salesman, Don Beyer Volvo finance man of 15 years, and an independent mechanic named Lees who has a dealer's license, told me that if you don't take possession of the car, it still belongs to them and there's a way out of the loan. ) I haven't called the dealer at Prize Auto again.In the last emails, and several times previous, I asked if he would ask the owner of the business to help me buy it back. Also, the salesman, J., earlier had felt sorry for me and told me that if I let one payment go through, they'd try to sell it for me. I am willing to do that. But he renigged on that.Later, I asked him if he would talk to the owner, and he said he'd call me the next day by 1 p.m. with an answer. He didn't call. Then he called the following day saying he had had stomach pain. He never answered my question about speaking with the owner about buying the car back.Finally on one call, I got an answer, which was 'no'.Later, they said they were going to do repairs on the door/frame issue as well as other repairs. I asked for receipts by email, and none came.On the phone on Monday, J. said they were 'doing the right thing' and having repairs made. But no one has told me how they are going to address frame damage that was on driver's door side which caused door not to seal or lock.I later asked J. if he would cancel the warranty (deadline was 2 days away) before the deadline, and he justa. advised me to keep the warranty on the car so the next owner could assume it (meaning, I was going to have to sell the car.)I asked about paying them something (a commission or fee) to sell the car on my behalf. He didn't reply in kind.Later, when I asked him again to cancel the warrenty, as I needed to get the loan amount down, (and really didn't want the car anymore), he said that I was trying to "screw them".(This from the person who told me I could get out of deal #1 from Nissan dealer, which I'd already signed, if I "hadn't taken possession of the car. This was not true. The loan from dealer #1 eventually went through, and I was stuck with 2 loans!
This from the person who advised me that even though this car had been in one accident "no airbags had deployed" meaning, "no frame damage was done". However, air bags deploy FRONT and BACK, and this accident was disabling and lateral, on the front left (driver's side door). On the test drive, I heard wind and air, but we attributed it to a flag that was displayed on the car. It wasn't evident on the test drive that "wind, air, moisture, and noise" came in the drivers' side door, until I paid a mechanic to diagnose the vehicle (immediately after I'd purchased it). Also, upon returning the car to the dealership after the post-purchase diagnostic, it became evident that the driver's side door didn't LOCK, either.When I asked J. about removing the warranty, he threateed to make me pay for the repairs that they had done on the car.
And, he did not remove the warranty, as he says he earns an incentive each time he sells a policy. This policy is not BBB accredited, and has dismal reviews.What should I do at this point?
Customer reply replied 6 months ago
Correction: "I asked if he would ask the owner of the business to help me buy it back." I meant, "to help me by buying it back."
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