My sister in law came to me with a question that I really dont' know the answer to. She bought a truck from a buy here/pay here place and she made a hefty deposit of $1,750.00. the intitial cost of the truck is $3,000.00 plus $500.00 for carrying loan for total of $3,500.00. They claim that if she had any problems to call them and they can tack on any improvements they make to the loan. Well the transmission went out and had to replace the drive shaft, was just the first issue, then front wheel bearing assemblys on both sides, along with other smaller issues. She called but never receieved any calls back, she was unable to drive it because of tierod ends and bought a van to drive in place and didn't make any payemnts after words. After 3 months they just now called her, and already has a recovery looking for it. Even though its hidden well(NOT INTENTIONALLY mind you) She wanted to know her rights, she doesn't have much money to invest in lawyer so were looking for others help first.
2007-08-28 05:12:01 · 6 answers · asked by Kraze 2 in Politics & Government ➔ Law & Ethics
Can the car be reported stolen and her arrested cause they told her she can be. This is in Mid-missouri. Can she take all of the stuff out of the car(transmission, brakes, tires,) and leave it on the lot? What are her rights? any suggestions what to do? She made 2 payments, and stopped after having not recieved their calls about the truck, is this a sign that they knew the truck was bad? They claimed an mechanic drove it,and it was sound, and they have been in business for a while, so I dont' see why they woudl do this?
any respectful answers would be appreciated..
2007-08-28 05:12:39 · update #1
Thank you very much for your answers, I am going to try to help her out and talk to the dealer myself.
you all are right she should have kept making payments, I told her this, then she had a good point, whats the use of paying for 2 vehicles one that I had to buy cause the other broke and a broke down vehicle for 3 months without no respect of communicatioun from them...even though she should have made 1/2 payments or something, I do understand what she says
Well thank you for your answers, i hope to get more from you guys
2007-08-28 05:38:19 · update #2
If she bought it as-is, then it will be difficult. SHE should have had it looked at by a mechanic before she purchased. Each state has a lemon law, but usually such laws only usually apply to warrantied cars.
It may depend upon the particular circumstances of the case, but the fact that the car had problems with it does not relieve her of her obligation to pay for it. It stinks that she bought a lemon, and on that basis she may have some settlement power. She needs to see someone from a legal aid society to at least write a letter on her behalf. Perhaps she should also consult a "consumer's rights" attorney who may help her on a "contingent fee" basis (where she doesn't have to pay unless she wins).
Regarding the arrest threat, that's state-by-state. The loan contract probably says something like that the property immediately becomes the lender's if the borrower defaults, but I would think it would be unlikely for a sherrif to arrest someone for keeping a car and failing to pay a note on it.
Returning the car without its essential parts won't make this go away.
Talk to an attorney, and if you can't find one or can't afford one, you have to negotiate something somehow. Check into small claims court--perhaps just having a judge hear the case (with her claiming "rescission" of the contract, where they get the car back and she gets all of her money back) will get a good resolution.
Just a few ideas you can bounce off a lawyer nearby.
2007-08-28 05:25:17 · answer #1 · answered by Perdendosi 7 · 1⤊ 0⤋
Check the lemon laws. One other thing that may hinder her is the fact that she stopped making payments. Just because she's not satisfied with the deal does not give her a just reason to stop making payments as the obligee.
Her negligence on this matter is what I would question. Contact a lawyer.
2007-08-28 12:22:36 · answer #2 · answered by Glen B 6 · 1⤊ 0⤋
Was all of the "maintenance agreement" in the contract? She is still legally responsible for the payments. If she lets it go back to the dealer, she will be responsible for the difference in what they can sell it for and what she owes on it. They won't try to get top dollar for it either. Her credit will be trashed also. She really should contact the dealer and try to work something out.
2007-08-28 12:20:48 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
I'm not sure of the "lemon Laws" in your state, but I would think you could talk to a low cost lawyer about this. That way you would have the correct advise. Good luck
2007-08-28 12:16:39 · answer #4 · answered by Mark A 6 · 1⤊ 0⤋
She should contact an lawyer and file a complaint with the Better Business Bureau.
2007-08-28 12:28:05 · answer #5 · answered by Butterfly 5 · 0⤊ 0⤋
She bought junk, thats her fault.....she still has to pay for it............
2007-08-28 13:47:47 · answer #6 · answered by DennistheMenace 7 · 0⤊ 0⤋