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Old 06-18-2007, 06:22 AM
feioncastor
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Default Did this auto dealer break any laws?

Okay, we went to the dealership and they treated us well, and helped us choose a a car that was perfect for us. After filling out some papers and such, we took the car home, using only our old car as a down payment (as a trade-in).

The dealer called us about 3-4 days later to let us know that we couldn't keep the car due to financing issues, and that we had to come choose another car. But when we arrived at the lot this next time, we didn't look around or anything. We got out of the car, and the sales rep took us to a car and said, "This is the car I can get financed for you guys." But we didn't like this other car at all because it didn't seem reliable. So I asked the salesman, "Can't we just have our old car back?", and he told me that the car was no longer there, and that it wasn't possible to give us the old car back at that point. He said the only car that was ready to finance was this one that we didn't want. And then while finishing up the paperwork, we got to the part where you have the option to buy gap insurance, and the salesman strongly recommended that we not waste our money on gap insurance, stating that it would be harder to get a loan for a larger amount, and that no one ever makes use of their gap insurance anyway.

So basically, they gave us the car of our dreams, then made us switch it out for a car that we really, really didn't want. Eventually that car did break down, and I have several mechanics check it out. I was told it had to be a fairly serious problem with the car because everything seemed fine, except that the car didn't start. And because we didn't purchase gap insurance, we were on our to fix it and continue making payments on the car.

We obviously needed a car of some kind, so we got one from a friend whom we were paying $200/month (roughly the same as we were paying the bank for the other car we got off the lot). We couldn't afford to make both payments, so we stopped paying on the car from the lot that we didn't want to begin with and now didn't start up at all.

Eventually, the bank reposessed the car. And now they're suing us for the balance of the loan, interest, legal fees and other things.

So I just want to know, do I have any options? I know that the Bank will certainly win their suit against me because we did sign a contract, but I'm wondering if perhaps I could sue the dealership for the amount that the bank is suing me for. You know, like if I have any kind of case worth mentioning.
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Old 06-18-2007, 07:31 PM
moderator moderator is offline
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Default

I can understand that this is a frustrating situation. I would suggest that at the time they said you couldn't have your car back, that you should have spoken to an attorney then. You certainly can try to speak with one to see if there is any liability on the part of the car dealer. You can locate one through the attorney locator on Lawinfo's home page at http://www.lawinfo.com/. Some do offer free consultations.
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Old 11-07-2009, 04:50 AM
cezzz
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What a bad situation, Well you can't win to them because you have signed a contract. I have heard alot of people have encountered a problem the same with you.. and they also signed a contract. For a better opinion you can ask an attorney.
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