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Any legal minds/lawyers can help me?

 
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Addicted19034 View Drop Down
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    Posted: Apr 16 2014 at 8:30pm
Ok so my mom bought a car. When she bought it she traded in her older lexus. The lexus may have been worth 3-4k but it had A LOT of issues so she got 2,500 for it. Which is fine.

The problem is when she bought it she said something busted in the car so she called and he told her to bring it back. She did and he said something got a hole or whatever and he needed to fix it. Fine. Now it has been over a month, the title to the car has arrived, and he has the title to my moms car.

Since week one my mom has been asking him when the car is gonna be ready. Every time he gives her a time frame that time will go and pass and he doesn't even bother to contact her.

Finally she called him and said I'm cing to get the car please have it ready and have my money ready to give back. He then said he has the legal right to take her lexus now and give her her new car as is since he has the title and then she will be responsible for all of the work that has to be done to her purchased car.

He never mentioned what all he was doing on the car, he just keeps saying it's gonna be better than it was before. I don't see anything wrong with a car that would take over a month to fix and why did he have the car on the lot in the first place if he knew it had issues??

I feel like he is trying to get over on my mom and she said she's been researching and it seems he is correct about her not being able to get her money back so I am wondering if there is any legality that will allow her to get her $$ back without penalty? Btw he never have her a new date on when the car will be ready.
And also this is a reputable dealer so I don't know why his customer service is lacking and he's being shady.
TIA.
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ms_wonderland View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ms_wonderland Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 8:36pm
if he's otherwise reputable but giving you sh*tty customer service about a time frame, i think you should take someone who actually knows about cars to him and find out what is wrong with the car.  i'm sure y'all already know that it depends on the model of the car and extent of the damage as to how expensive and lengthy the wait time may be when taking into account ordering parts and all of that...a month IS long, but i think your first step should be to have someone trusted and knowledgeable go there and find out the details and take whatever legal action after that.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SoutherNtellect Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 8:41pm
yall ran them off
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Addicted19034 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 8:55pm
Originally posted by SoutherNtellect SoutherNtellect wrote:

yall ran them off



I feel like going over there and throwing a brick through his window

I think she more upset he keeps lying about the date it will be ready and he doesn't bother to contact her at all, she always has to call him and find out

He just says it's gonna be great it's gonna be great!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SimplyPut Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 9:17pm
Was the vehicle financed? What were the terms of her contract? How long did she have it before the vehicle become immobile? Was he aware that the vehicle may have issues? There are several things that can legally entitle her to a refund, but it's hard to say just from the information posted.
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Post Options Post Options   Thanks (2) Thanks(2)   Quote Cream1970 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 9:43pm
I'm not a lawyer but I sold cars for years. This could go either way.Most used cars are sold "as is", & it breaks down on the ride home, you're SOL. Buuuuut, a reputable dealership will usually work will the customer. Now, if asked directly about a specific part of the car, (per Judge Mathis), the seller is supposed to disclose any major issues. For example; "Any issues with the transmission?" & the seller says "no", & the transmission goes out 2 weeks later, then that's a big problem. If it goes out 6 months later. ..*shrugs*

They should've given her a loaner.

Is the newer car still under factory warranty?

I would give them a clear deadline to return my repaired car, a suitable replacement or my old vehicle. If not, I'd contact my local news and have their trouble shooter take a go at getting answers.

Laws vary from state to state but if they're not providing her with a loaner, & they have BOTH cars while she's paying insurance and a payment on a car she doesn't have use of, that's a big problem. I just don't know if it's a legal or ethical one or both.
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Post Options Post Options   Thanks (2) Thanks(2)   Quote Cream1970 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 9:50pm
Oh,; whoever holds the title owns the car. But, if she didn't sign a work order and give consent to repairs without even knowing how much or what the repairs would be, I don't see how she could be responsible for the repairs. Technically, yes, verbal consent can be given, but no one gives consent without an estimate.

Y'all need to secretly record that mufuga. Whether in person or on a phone call.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Cream1970 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 9:56pm
I don't buy a used vehicle without paying an ASE certified mechanic to do a 200+ point inspection. I drive vehicles LITERALLY until the wheels fall off, I know how fast new cars depreciate, so I buy preowned with an extended warranty and keep them 10+ years. (Unless I lease)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SimplyPut Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 9:57pm
There's ways around someone else holding a title as well. There are many things that could factor in. As Cream stated, laws verify from state to state, so she should just go in and ask for a consultation, or just pay from some one time legal advise.
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Post Options Post Options   Thanks (1) Thanks(1)   Quote trudawg Quote  Post ReplyReply Direct Link To This Post Posted: Apr 17 2014 at 1:21am
"As is" eliminates a lot of warranty breaches. However Breach of warranty of merchantability may be present if you can prove the defect existed at the time of sale.


Personally, I would contact the BBB, Attorney General and the DMV for recourse with dealers who do not deliver what was promised.

Warranty of Merchantability

The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong.

Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case.

- See more at: http://consumer.findlaw.com/lemon-law/dealer-used-car-sales-and-warranties.html#sthash.1YuUmHoP.dpuf



Edited by trudawg - Apr 17 2014 at 1:22am
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