Well I bought this 93 Nissan Maxima from a buy here pay here lot and the guy told me it was an excellent car...well its been not even 4 months and the windows dont work, the transmission sucks the engine is blown and i never gave it hell.
i barely even drove it that much.
I still owe about 3000 bucks on it...I mean the engine just blew!!!
Do I still have to pay for it? Can I Take Him To Court?
What can I do?? I wasted all that money on that stupid car (2000 bucks of which i dont even have)
I am struggling like hell already to make ends meet...i am so upset.
Please Help Me. I will Be so Grateful.
Thank You.
-Dee
2006-10-29 16:35:25 · 17 answers · asked by Anonymous in Cars & Transportation ➔ Other - Cars & Transportation
it was sold to me "As Is"
2006-10-29 16:41:32 · update #1
Chances are you bought the car "as is" with no warranty. You could try taking them to court, but personally I think that would be a waste of the money that you say you don't have. Unfortunately, you entered into a contract to pay for the car. That being the case, all that matters legally is that you took possession of it, and therefore are responsible to pay for it in full according to that contract. It sucks, but it's the chance you take when purchasing a cheap, used car. You could stop paying, in which case they will repossess the car, and your credit will be shot. Personally, I would not go that route. Even if your credit rating doesn't mean much to you today, it could be very important in a few years, and you'll regret any damage that you did to it.
I'm going to go out on a limb and say, if all of that happened in that short of a time, then there would have been signs of those problems when you looked at and test drove the car before buying it. For the future, take someone along with you who knows about cars... REALLY knows about cars. You'll find that every guy you meet will CLAIM to know, but if they don't do real maintenance work on their own car, that should be a big indicator that they don't really have a clue. It will save you from future automotive nightmares...
2006-10-29 16:44:52 · answer #1 · answered by crx81 3 · 2⤊ 0⤋
Hi Dee,
It's rather ironic,I'm right in the middle of writing an article about used cars and lemon laws and decided to take a break for a few minutes. I checked out yahoo answers and saw your question concerning the very topic I'm writing about.
But to answer your question, I'm afraid your chances of help are limited. Some states do have lemon laws for used cars, but those that do offer very limited protection and none that I'm aware of offers any protection after 4 months or in your case a 93 model.
Most are either 2 weeks or the max of 30 days and a few with just 500 miles or 3 days, and even then the guidelines for a "lemon" are very stringent.
I believe the first thing you should do is find out what caused the engine failure, if it was the previous owner or owners lack of maintenance then you may have a very slim chance in small claims court.
First thing I'd check is a carfax report and also the dmv to see if there is any record of the car being involved with flood damages or any other issues. Double check the mileages with what's listed and what your odometer states just in case there is evidence of odometer fraud.
In the slim chance that it is this would give you some legal recourse.
The only other option is to sue, and I doubt an attorney will take a case such as yours. You should check none the less just to cover all your bases.
Jerry
http://www.usedcarwise.com
2006-10-29 17:11:59 · answer #2 · answered by usedcarwise 4 · 0⤊ 1⤋
You bought a 13 year old car. You, of your own free will, signed a promissory note saying that you would make payments! Did you have it checked by your own mechanic prior to purchase? The term "excellent car" is very subjective. What one person considers to be excellent, someone else may consider to be poor. Did you have any warranty on the vehicle?
You ask if you still have to pay for the car. Of course you do! You borrowed money to purchase the car, and must repay that money. If you loaned me $500 to buy a television, and I were to drop it bring it home, would you not expect me to pay you back the money you loaned me? The dealer loaned you money to buy a car. You owe the money.
As to going to court, what grounds do you think you have for a suit? Did they hod a gun to your head to get you to sign the papers? If you do not pay, the dealer can, and usually will, sue you, but you have no basis to sue them.
If you talk to the dealer, they may be willing to extend your payments for a month or two so that you can pay to have the car repaired. Unless are still under warranty, they have no obligation to do anything.
A lemon law would not apply here. In most cases lemon laws apply to new vehicles, not something 13 years old. Threatening to protest outside the dealership will not get you any help, and if you do something that could be considered libel, the dealer can sue you.
Sorry to be the bearer of bad news!!
2006-10-29 16:52:55 · answer #3 · answered by fire4511 7 · 0⤊ 1⤋
Contact the State District Attorneys office, look up info about his office on internet, and your states lemon laws, keep paying, else they will repo it and you'll never get any money back and will get fined. credit screwed. Get a mechanic to document the state of the car right now and have it in writing for future court case
2006-10-29 16:42:08 · answer #4 · answered by Patrick Bateman 3 · 0⤊ 1⤋
Well let me see you were umm what was the word?.. ripped off. Yes taking him to court is a last resort but it would take more time and money too.
1st, Demand them to return your money. Threaten them that you will put up huge signs outside their store that informs other people that they ripped you off and to help you about your situation. If the owner still refuses to replace your car, do what you have threatened and to top it off distribute and post flyers around the neighborhood defaming their business.
2nd try threatening that you would sue him for that and to tell some authorities suggesting to invalidate his business permit. Assuming that he has a business permit.
2006-10-29 16:51:30 · answer #5 · answered by ? 3 · 0⤊ 0⤋
Check and see the guidlines on your states local lemon law. Otherwise read over your contract to see any loopholes you might fall under. But in the end, unfortunetly, you may end up having to still pay for it.
2006-10-29 16:38:36 · answer #6 · answered by shamsisbowling 1 · 1⤊ 0⤋
Call the State District Attorney.
2006-10-29 16:43:33 · answer #7 · answered by Rick 7 · 0⤊ 1⤋
So sorry-caveat emptor-which means buyer beware.
Always,always,always take any vehicle to a mechanic for an inspection before buying.
Too bad you had to learn the hard way.
2006-10-29 16:45:18 · answer #8 · answered by barbara 7 · 1⤊ 0⤋
youre screwed. its sold "as is," which puts it on you to take it to somebody you trust before you buy it and get it checked out. all you can do now is contact the guy and see what if any help he'll give you. Threaten to report him to the BBB and any state agencies you can think of Atty General comes to mind. And then do it if he blows you off.
2006-10-29 16:39:25 · answer #9 · answered by David B 6 · 0⤊ 1⤋
There are laws that protect consumers who have bought lemons. They vary from place to place though so I would recommend consulting with a lawyer.
2006-10-29 16:37:15 · answer #10 · answered by arbolito 3 · 1⤊ 1⤋