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Dealer buy back the vehicle from the finance and now asking…

Dealer buy back the vehicle...
Dealer buy back the vehicle from the finance and now asking me return the vehicle
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Answered in 16 hours by:
3/13/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 21,272
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

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Kindly provide additional information regarding your situation.

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Customer reply replied 1 month ago
O bought a used car from a small dealer.the sale price was 16500. I gave 4000 down-payment. The dealer gave me the vehicle in December. The car broke down just after I bought it. The dealer said to me I bought it as is. But he also told me that the car has no problem before selling the vehicle. I have financed the vehicle from one financial Company through dealer. I have failed to make the first payment because of lack of my knowledge of the first payment date. I thought it was on February but it was on January in fact. I paid 20 days late. I even made additional payments to bring my account to current. But somehow the financing company assigned back the contract back to the dealer. The dealer aproached me and said that I need to do new financing with the dealer. He asked 15000 plus again tax and interest. I said I owe only 12100 to the car to the financial company. He said he is the owner of the car, if I need to buy the car I have to pay him 12000 in cash otherwise if financed the price is 15000 plus tax. I refused that price and said I can bring the vehicle but I need my down payment back. He refused.now he is going to court. What is my rights.?
1) the car odometer and the actual mileage is not accurate. The dealer played with odometer readings.
2) I made almost 4000 repair for tech car just after I bought it.
3) I made 4000 down-payment
4) I made about 1000 payment for the financial company as the installment payments.What should I do? What's my rights?
It is in Texas.
Thanks

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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Your Questions:

The dealer aproached me and said that I need to do new financing with the dealer. He asked 15000 plus again tax and interest. I said I owe only 12100 to the car to the financial company. He said he is the owner of the car, if I need to buy the car I have to pay him 12000 in cash otherwise if financed the price is 15000 plus tax. I refused that price and said I can bring the vehicle but I need my down payment back.

Response 1: You did the right here. The dealer's offer was not reasonable at all. It could be argued that the dealer engaged in unfair and deceptive act and practice here by trying to extort additional money from you.

He refused.now he is going to court. What is my rights.?

Response 2: You have the right to rescind the deal and get your downpayment back. Eventhough the car was sold "as is'" the dealer can be held liable for the material misrepresentations made with regard to the condition of the car. But for the representations, you would not have purchased the car in the first place.

1) the car odometer and the actual mileage is not accurate. The dealer played with odometer readings.
2) I made almost 4000 repair for tech car just after I bought it.
3) I made 4000 down-payment
4) I made about 1000 payment for the financial company as the installment payments.

What should I do? What's my rights?

Response 3: You are entitled to the refund of your downpayment.

You should file a counterclaim for unfair and deceptive act and practice--for material misrepresentations by the dealer and the dealer then tried to extort additional $2,900.00 from you. This is in violation Texas Unfair and Deceptive Act and Practice Statute, Texas Business and Commerce Code Title 2 Chapter 17 section 17.46.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 21,272
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Consumer Protection Law Specialists are ready to help you
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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 21,272
21,272 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

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