Ask a Lawyer and Get Answers to Your Legal Questions
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: