OK so i bought a car from a used car dealer and i drove the car home,then i left again to go to the store and on my way back home the gears start to slip and it will cost me a few thousand to fix so i took the car back the following monday (because i bought the car on a satuday and they were closed on sunday) before the check cleared and asked for the check back and he said no and he still has my check so i have a freeze on my account which means any other checks i wrote will be returned and on top of everything he threatened to take ME to court!! Can he do this when he has the vehicle and the check??? is he legally obligated to give the check back?? can I get in trouble for this??please help me!!!!!
2006-09-29 07:59:25 · 10 answers · asked by krystal s 3 in Cars & Transportation ➔ Buying & Selling
Sorry, all sales are final. If the vehicle was marked "As-Is" on the required label, then you have no option but to get the car repaired at your own expense. The dealer is under no obligation at all to give you your check back or void the deal.
Many dealers will call your bank and get a verbal guarantee on the check prior to depositing it. Not all banks will do that but many will. If any other checks are presented before the check you wrote to the dealer and would put your account into overdraft status considering the dealer's check, they will be bounced and you will be charged the appropriate NSF fees.
If you stop payment on the check, he almost certainly WILL take you to court. And he will WIN.
Next time, you'll have the vehicle inspected by an independant mechanic prior to closing the deal. Most new car dealers will do that for around $100.00 or so for their own models. It's cheap insurance. Of course if the seller won't allow an inspection, you'll walk away from the deal!
Questions of this nature are posted frequently, and some d00b virtually always brings up a "3-day right of recission." There's no such thing on car sales. And someone else will bring up Lemon Laws. These don't apply to used car sales, unless it's a nearly-new used car and still under the factory warranty. (And if it was still under factory warranty, you wouldn't have a problem in the first place.)
2006-09-29 10:59:12 · answer #1 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Unfor tunately there is no law that can recite on used cars. So you can't have that much support from the law. Otherwise, you can contact any expert from the hayward used car sales. They can help you with the idea of taking necessary steps. Good Luck!
2014-04-24 07:00:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Take the freeze off of your account, that way none of your other checks are affected, then check to see if your state has a "lemon law" MOST DO, if he doesn't return the check take possesion of the car, (accept the keys) report the incident to the police, (call them to his lot) and then take it up as a civil matter. The guy is obviously a crook, and I'll bet the police have dealt with him before. He may hand you the check back right there. If not you'll have to pursue it in court, but I bet it won't be that hard. I don't know if this will help but I'll list a lnk to the BBB's site for vehicle Lemon laws by state. GOOD LUCK!!
2006-09-29 08:13:55 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Depends on state law as to the statute of how long you have to return a car to the dealership. If the state does not have any laws regarding this, then unless the dealer specified a warranty you bought the car as is. It may be on his lot, but it's your property and your legal responsibility.
It sucks, I know. Again, just check your state laws carefully in case there is a way he may be liable.
2006-09-29 08:02:39 · answer #4 · answered by Anonymous · 0⤊ 0⤋
First, there is no right to recision law on used cars. Second, did you sign an as is no warranty form. That is a law, You are supposed to sign this form when purchasing the car, if he did not have you sign a form, he's screwed. Stop payment on the check and take the car back.
2006-09-29 09:29:35 · answer #5 · answered by Jeff C 2 · 0⤊ 0⤋
Your local TV stations may have a consumer lawyer or activist who will use the leverage of bad publicity to get the dealer to make things right. Call your local TV stations!
2006-09-29 08:08:48 · answer #6 · answered by Anonymous · 1⤊ 0⤋
depends what state you are in by the government allows a three day right of recision. that means you have 3 business days to change you mind.
so first consult your bank they may be able to help.
then contact your attorney general and file a complaint
then contact the Better business bureau and file a complaint
one of them will help you.
if all else fails contact your local new station and have them do a report on the dealership
2006-09-29 08:17:03 · answer #7 · answered by dodrambo 1 · 0⤊ 1⤋
If the car had a problem that he knew about and did not disclose to you then he should be helping you out. I would stop payment on that cheque (you dont need to freeze the account - JUST STOP PAYMENT on that cheque number)
You will have no poblems...
If he tries toi bully you then OBVIUOSLY he is a SHLOCK dealer.....
2006-09-29 08:04:34 · answer #8 · answered by B_Auto 2 · 0⤊ 1⤋
would depend on your state laws .Most states have "hidden defects" laws to protect consumers when they buy from a state licenced car dealer .
2006-09-29 08:04:02 · answer #9 · answered by ground_control_to_reality_check 4 · 0⤊ 1⤋
contact better business bureau or attorney gen in your state they can give u advice. or state police sm claims court.
2006-09-29 13:13:56 · answer #10 · answered by mamma04103 2 · 0⤊ 1⤋