Posted: 1/23/2004 8:54:10 PM EDT
|
A few years ago I bought a used car from a dealership a few towns over. It was just a year old and had less than 1500 miles on it. Well it turns out after I bought it that it had been wrecked. Everything from the doors forward had been replaced and just those parts had been painted. The reason I found out is because it had a vibration at higher speeds and was pulling hard to the left. I bought it in the last of October when the weather was bad and hadn’t noticed I guess because of the rain that the paint was off colored. Anyway I brought it into my shop and checked it out. The vibration was from a severely bent wheel and there appeared to have been some damage to the undercarriage. Well since I had just had the car alittle over a week I contacted the dealership and was promised they would take care of this problem. They would either find me another car or let me out of my contract. I also contacted the finance company and explained to them that I had bought a wrecked car and wanted out of my contract. They wouldn’t let me out so back to the dealership I went. They made more promises and asked for a week or so to figure out why they had sold me a wrecked car. I called them a week later and was told that there guy that buys the cars for them at Auction was responsible for this and they would take it up with him. I gave them another week and went back to see them. At this time I had had the car about 3 weeks and they told me I was just SOL there was nothing they could do and I was just stuck with it. Well I let the situation get the best of me and blew my top.I told them to figure out what to do with the car and just left it there. I called the finance company and told them where the car was and I wanted to do a voluntary repo on it. I explained to them that I felt Id been screwed and wasn’t paying 16000.00 for a wrecked car. Well they came and got it and I didn’t hear anything else from them. I hadn’t made the first payment on it, I never sent the title in and had never had it registered so I figured they let me out of it. Now fast-forward 2 years. I’m now getting calls from the finance company’s collection agency offering to settle on this car for 4000.00 and I just really don’t know what to do. Ive talked to my banker and can get the 4000.00 but I just don’t think I should have to pay. Ive talked to a Lawyer and he’s checking my options. He thinks we can sue the dealership or if they really didn’t know maybe even the Manufacturer since they sold it to the Auction Company. From what we have gathered it had been a corporate car and was wrecked there. When it was fixed it was then sold to the Auction Company. Now I don’t know if they disclosed the wreck or not. I just know in the end it wasn’t disclosed to me. I still have the title for the car that was never sent in to the DMV. Along with Statements from a dealership that handles the make of car I purchased along with two other body shops stating that the car had been wrecked before. I also have a Car Fax that doesn’t show any signs of the car being repaired. What should I do or what are my options? |
|
You're thinking about suing the manufacturer? Let me be the first to say, folks like you are a threat to our rights. Have you no soul? Next, You imply that you have your own body shop, yet you didn't realize the car had been wrecked? That seems odd. If it was repaired as poorly as you say, it should have been pretty obvious. Finally, if you're gonna sue someone, sue the dealer, if the truly didn't disclose the wreck to you. But look in the mirror from time to time. You walked away from a 16000 dollar car, and just ASSUMED everything would "work itself out"? |
|
arowneragain First I never implied that I owned a body shop.I am however a mechanic and did take it into the shop I work at. I also never said I thought Id get out scott free just that I walked away from it. I knew sooner or later Id have to deal with it just at that time I didnt know how. Also just whos at fault?Enlighten me.If the dealer ship wasnt at fault and the car was wrecked prior to them getting it who should pay? |
|
Quoted: medicanman From what the Lawyer says Mo is a full disclosure state.Thats why he thinks there is a case. I hate to Sue Im really not that kind of guy but I really dont feel Im at fault here. If they failed to disclose, sounds like you've got them. I hate car dealers, scum of the earth in my book. (I apologize if I offend one of the few honest car dealers.) |
|
It's the dealer's fault for not disclosing this. Legally, he may or not be responsible for this. It is also your fault for not inspecting/asking questions. Caveat Emptor. It is wholly your fault for walking away from the deal, regardless of whether you knew how to deal with it. By the way, I like your sig line. I had a cousin in the FBI, that was her one-liner about carrying a weapon in the pre-CCW days. |
|
arowneragain Ohhhh now I see I should have been a good little sheep and just sucked it up and payed the 16000 for a car that had been wrecked. As for checking it out I guess I should have rolled up in my shops service truck and told them Id only buy this car after it passed my personal 100000 point check. It was raining,my boy was just a week old and my wife and myself where driving a S-10 with a carseat in the front. We bought the S-10 from them and thought they would do us ok again.We needed a car and thought we had found a good one in our price range. I did ask a few questions.They told me the car had just come in from Auction and they didnt know anything about it.With all your wisdom tell me just what I should have asked to make them disclose that they were selling me a wrecked car. Now as for me being at fault.Thats a tough one.I do feel that this doesnt all rest on me.Should I have handled it diffrent at the time?Yep!Do I feel that they should have made some effort to make it right on there end also?Yep! As for my Sig line Ive heard it my whole life.I grew up in Texas where my Dad owned a road service buisness so my Dad has carried as long as I can remember. |
|
Sorry, but you share quite a bit of blame here. Yes, if the dealer knew it had been wrecked, they had the duty to inform you. You would have had some cause for action upon discovery. Now, two years later you have a much weaker case. Your part of the blame was: (yes, I know it sucks to be called on the carpet for your mistakes, but that's life.) 1. Failure to do an adequate inspection. I won't buy a used car unless I have an unbiased third party inspect the car. I have thrown away a few $100 inspection fees after discovering the extent of repairs needed. I see that as money well spent. 2. Failure to do an adequate test drive. A valid test drive isn't a two minute spin around the block. It must take at least 20 minutes - stop and go traffic, rough roads, freeway travel, and any other road you will be driving on. Live in a mountainous area? You better drive that thing up a hill to see if the engine is strong, and back down to see if the brakes can handle it. 3.. Things just don't "go away." It would have been easier to fix then and it should have been. Throwing up your hands and saying "it's your problem now, deal with it" just isn't part of being an adult. That said, you don't have to deal with the collection agency. You can write a simple "screw you" letter and they will never contact you again. The worst they can do is give the matter to an attorney to take you to court, which they may not be willing to do because of the damage issues. If you, or anyone else here, wants a copy of my happy "screw you bill collector" letter, let me know through IM or email. I've used it several times for clients and it's never failed to work. Welcome to the school of hard knocks. Tuition is expensive and paid in advance. The school made me Dean since I now have three PhD's from this school. [:)] |
|
Not a lawyer , and don't know your state laws, but IMHO: If you defaulted on your loan agreement , and the car was repoed and resold , YOU are responsible for the balance owed. You may have other legal recourse against the dealer or other parties , but you're screwed on the original deal. [:(] |
|
Not so fast guys/ I got involved in one massive dealer scam as a (business law) attorney up here in Michigan. Two points: 1. Both state and federal law governs the car dealer's relationship with the customer, and the lender's relationship with the buyer. They are complex and very fact specific. 2. A lot of these finance companies have 'special relationships' (at least the initial lender aka writer) with the dealer. It very well could be that the first lender knew the debt was based on fraud. 45B10, wait for your guy to check it out if you trust him, if not shop around for someone with 'consumer protection' 'fair debt' and 'lemon law' in his background. Most of the credit damage is already done, legal action takes 1-2 years in many cases. |