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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19482
Experience:  B.A.; M.B.A.; J.D.
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I bought a car used from a dealer here in memphis tn and the

Customer Question

I bought a car used from a dealer here in memphis tn and the first 2 days I had the car it would not start, i had to get road side assistance to come to my house and boost the car off. I have or thought i had a 60 warranty where the dealer would take care of anything that happened to the car, so i took it to the only bmw dealer we have here in memphis and the dealer cld not find the warranty, so they kept it all day and told me they would not touch it because no warranty. So they boosted me back off and sent me back to Nissan. I called my salesman and told him what had happened he said bring the car back here and we will take care of it, meanwhile my check engine light is and has been coming on every since then. The car has tinted windows on it that in the night time you cannot see out of them at all. I told my salesman about that, he said bring it we will get you a rental and take care of it. they have not, bmw said the car needs maintenance and a new tire on front and wheel because it is split and it tearing into wheel thats why i hear noises when i drive. i hadn't been driving the car because my truck was in an accident so i had a rental car, so the few times i have driven it, something has either come on like check engine or i hear noises. I asked them to fix it like they said they would oh yea my blue tooth is not working either which they said they would have the bmw mechanic that works there look at it when he comes in, they have not. i have called everyone one from the used car manager to the gm and they are all working together. what do i do at this point. i have a down payment of 2000 that is suppose to come out of my account on 10/20, I am about to stop payment on that and get my car fixed right. Help me please!!!! My email address is XXX
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Can I take my deposit and fix my broke car that they sold me. I am going to stop payment because i need that money so the car can get fixed properly and i dont have any more money the bmw dealer said it would be about 1500 to get it fixed right?
Expert:  Phillips Esq. replied 1 year ago.

I am sorry to read about your difficulties.

I do not understand why you have the possession of the car but your check has not been cashed. Could you clarify?

Is your car being financed?

You cannot stop payment on the check and still keep the car. You need to tell the dealership to take the car back and cancel your contract. If the dealership refuses, then you need to stop the payment, but DO NOT use it to fix the car because you are going to be returning the car to the dealership. Without the deposit, there is no contract. Your contract requires the deposit.

Tennessee lemon law unfortunately does not apply to used cars. However, if the dealership misrepresented the condition of the car during the sales transaction, then you can demand that the dealership fix the car at no cost to you or you would file lawsuit to force the dealership to pay for the repairs or take the car back.

You may consider retaining the services of a local consumer Attorney to send a demand letter to the dealership and if necessary file lawsuit against the dealership. This means that the Attorneys may not charge upfront for their fees and would only get paid if they win the cases for the consumers. Even then most Courts award Attorney fees to prevailing consumers. So, you may not have to pay out of pocket to obtain a consumer Attorney to sue the dealership.

You can use the following sites to find local consumer Attorneys: