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 05:23:28 · 10 answers · asked by Kraze 2 in Cars & Transportation ➔ Other - Cars & Transportation
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 05:23:57 · update #1
Thank you for all your answers, I had a feeling that I would get confused though. If you would tell me your qualifications and how you know your answer that would definitly help me out to know your experience. for example the comment from yes its me could be someone who is a used dealership or a repo man and his answer can be biased for example. I am going to try to work it out and help her, but I wanted to know my rights, for example..how do i proove to someone that they agreed to take $400.00 plus $100 month or something, and then the truck gets repod anyway?
thank you all
2007-08-28 05:45:47 · update #2
and for the record, I thought i put it, but she did call for the repairs, and she didn't get a phone call back for 3 months. So she had to have a car adn she put a transmission in, and yes has all receipts
2007-08-28 05:47:47 · update #3
No she cant be arrested. There only right is to recover the vehicle and thats all. What ever money she invested its a loss. but to me it sounds like with the bearings and tie rod ends this vehicle couldnt pass inspection and they probably passed it to sell it. Oh, I live in Missouri and was a state licensed inspector for 12 years
2007-08-28 05:31:50 · answer #1 · answered by Christian 7 · 0⤊ 0⤋
The car can't be reported stolen if she has entered into a contract for the purchase. They can repo the car but it would be a civil situation not a criminal one.
As for all of the other mechanical stuff. It is buyer beware if you are buying a vehicle from a private party. The private party will not be held liable for selling a junk car. On the other hand if she bought the car from a business, that business is held to a higher standard.
She needs to report the business to whatever state agency looks over car sales and repair. In California it is the better business bureau.
Also she needs to keep all the records and receipts from all the repairs she is having to do on the car. Any reports of problems from the repair shops help also. She can take the seller to small claims court to sue for any money she is out due to repair or take that off what is owed on the car.
2007-08-28 12:38:02 · answer #2 · answered by dreamgirlsbf 2 · 0⤊ 0⤋
There are no lemon laws for used vehicles. The "buyer beware" statement is in full force here, and she needs to either pay the loan company what she owes, plus late fees, or hand over the keys. Hiding the car, even unintentionally, is unlawful, and yes, she can be incarcerated (jailed) for doing so. She should have been making the payments even if there were mechanical issues. There is also a rule of thumb that goes like this: "Pay now, arbitrate later." A lawyer will tell you the same and it will cost you thousands to hear it from a lawyer, which is money that could have gone to pay off the debt. Her bad debt causes all the rest of us debtors to pay more.
2007-08-28 12:41:23 · answer #3 · answered by rex_rrracefab 6 · 0⤊ 0⤋
If they agreed to add the money to the loan then she should have gotten it in writing with a notarized signature. She cannot take the tires or radio or anything like that because they are part of the vehicle. She is responsible for the loan because she signed paperwork on a legal document. She cannot be arrested for hiding it. It should not take the recovery long to find it. If she turns it in it will be a voluntary repossession not an involuntary repossion. Then she can explain what happened, if she is gonna purchase another vehicle. She should however seek the advice of an attorney about getting her money back but I think it is too late for that. I hope this helps and good luck to her....
2007-08-28 12:42:34 · answer #4 · answered by me 4 · 0⤊ 0⤋
First of all the legal owner is the car lot and if you are not the legal owner you are throwing money away by putting it into repairs. She should have contacted the dealership when she discovered the first need for repair. The truck is theirs and so are all the improvements. It is their truck and it can be reported as stolen if it is not made available to repo.
She has no real rights here. When she defaulted on payments the agreement that she signed becomes null and void.
2007-08-28 12:35:46 · answer #5 · answered by yes_its_me 7 · 0⤊ 0⤋
NEVER BUY A CAR FROM A BUYHERE/PAY HERE-Too late-they are rip-off dealers for the people who need a car with bad credit. at this time she is obligated to pay this loan so they can report it stolen. did it have any kind of 30 day warranty or does the paper say 'AS IS". if that is what is says-she is out of luck. I would call the better business bueau and complain. good luck
2007-08-28 13:33:54 · answer #6 · answered by nj2pa2nc 7 · 0⤊ 0⤋
She is responsible for the debt. It was her responsibility to have the car checked out before she bought it.
A lot of these buy here/ pay here places are infamous for repoing the cars they sell and reselling them. I remember hearing about one here that sold the same car over 10 times, and they still had the car sitting on the lot, trying to sell it again.
Your sister needs to pay off the loan and get them out of her hair. I don't know if they can get her for stealing, but I'm sure that they can find some other thing to get her on.
Can your sister find a family member willing to help her out, and loan her the money to pay the loan off.
These guys sound like a rip off, and it will only get worse.
good luck.
2007-08-28 12:37:02 · answer #7 · answered by Fordman 7 · 0⤊ 0⤋
What exactly do you expect for a $3000.00 vehicle? She is obligated to pay the loan wether the vehicle runs or not (just like you would on any car loan). She basically has no rights in this situation, she has defaulted on the loan, and the company has the right to recover the vehicle and their money.
2007-08-28 12:32:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋
The car cannot be reported stolen. She cannot be arrested. At the most, they can recover the vehicle and her credit will suffer. What she needs to do is document everything and contact the state attorney general's office for their advice.
2007-08-28 12:38:36 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I would seek an attorney and check on lemon laws.
2007-08-28 12:31:20 · answer #10 · answered by mamatucker 4 · 0⤊ 0⤋