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I think i am being treated unfairly by a Car seller. Ohio,

Yes. I think i...

Yes. I think i am being treated unfairly by a Car seller

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

Ohio, 2007 Nissan Armada

Lawyer's Assistant: Has anything been filed or reported?

Not yet. i am seeking legal advice

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

Yes. I put down a payment of $2500 and made at-least one payment. They gave me a Free rental car as they stated. Its been 2 and a half moths now... i am still driving a substandard rental and yet they still expect me to continue to pay my monthly installments. I want to pull out from the deal. is this possible?

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Answered in 3 minutes by:
3/9/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Thank you.

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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I'm sorry to hear about that. Why do they have your vehicle still?

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Customer reply replied 4 months ago
2 week after i got the car. the car just shutdown. The security light was just flashing and the car wouldn't start. I called them and the came and towed the car. and gave me what they claim to be a free rental car. Now its been 2.5 months. i am still driving this sub standard renatl and yet they still want me to be paying for the car that they claim they are fixing..

I see what you mean. I'm sorry to hear about that.

This appears to be a breach of contract based on the failure to perform within a reasonable time if they have had the vehicle for 2.5 months. You are not receiving the benefit of your bargain if you are driving a vehicle that is not yours. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started. ​What other questions did you have for me today?

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This is my first time using this service and so far you have helped me. Thank you very much.

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Legal Eagle
Legal Eagle, Lawyer
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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).

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