Can I sue the used car dealer?

[bunkerdunker17]

About 3 years ago I purchased an SUV from a used car dealership. 3 weeks after purchase the vehicle started to give me multiple problems including leaving me stuck at work and home because it didn't start. I brought it into the dealer for service multiple times and every time they said they fixed the problem, it broke down again. I decided to go through NYS Lemon Law. The arbitrator declared the car a lemon and declared that the dealer had to give me a car of equal or greater value. The following day I went to the dealer and they said "this is what we have, take it or leave it". They were offering me a car way under the value of the original. Meanwhile, the original car was sitting in my driveway not running. I wrote to NYS Lemon law about the situation but never got a response. I had to voluntarily reposes the truck because I had no use for it if it was not running and I was not going to continue payments on a junk car. I know its been three years but as a result of this situation I am now being harassed by creditors, and my credit is in the 300's. I have all paperwork including the agreement signed by the arbitrator. My biggest concern is my credit which has been ruined because of this, but any other compensation would be gladly appreciated. Can I sue the dealer?

 

[Zigner]

About 3 years ago I purchased an SUV from a used car dealership. 3 weeks after purchase the vehicle started to give me multiple problems including leaving me stuck at work and home because it didn't start. I brought it into the dealer for service multiple times and every time they said they fixed the problem, it broke down again. I decided to go through NYS Lemon Law. The arbitrator declared the car a lemon and declared that the dealer had to give me a car of equal or greater value. The following day I went to the dealer and they said "this is what we have, take it or leave it". They were offering me a car way under the value of the original. Meanwhile, the original car was sitting in my driveway not running. I wrote to NYS Lemon law about the situation but never got a response. I had to voluntarily reposes the truck because I had no use for it if it was not running and I was not going to continue payments on a junk car. I know its been three years but as a result of this situation I am now being harassed by creditors, and my credit is in the 300's. I have all paperwork including the agreement signed by the arbitrator. My biggest concern is my credit which has been ruined because of this, but any other compensation would be gladly appreciated. Can I sue the dealer?

You never returned the vehicle...

 

[bunkerdunker17]

I did, i returned it to the bank on a voluntary repossession.

 

[Zigner]

I did, i returned it to the bank on a voluntary repossession.

<smacks forehead>

No, you need to return the car to the DEALER. The DEALER'S argument will be that you never complied with YOUR end of things.

 

[swalsh411]

Fill us in on the last 3 years. Did you accept the offer from the dealer? Did you continue making payments on the lemon car? Did you purchase another car?

 

[Antigone*]

EVEN IF you are totally correct in all this and this should never have appeared on your credit. Your credit was trashed already. Credit history does not get into the 300s with just one bad account.

You will never be able to sue on the basis of this negatively affecting your credit. You did that all on your own.

 

[bunkerdunker17]

I did not accept the dealers offer for the car they wanted to give me. After a few days of them ignoring my phone calls and of me going there in person and basically being told to "F" off I told the dealer that I was just going to leave the car in the lot. They told me that if I did that they would call the bank and have it repossessed. So I called the bank and they said if I voluntarily repossessed it it would look better on my record than a mandatory repossession. They also told me that the dealer is not cooperating because they already made there money and they don't care what happens.

 

[BL]

I did not accept the dealers offer for the car they wanted to give me. After a few days of them ignoring my phone calls and of me going there in person and basically being told to "F" off I told the dealer that I was just going to leave the car in the lot. They told me that if I did that they would call the bank and have it repossessed. So I called the bank and they said if I voluntarily repossessed it it would look better on my record than a mandatory repossession. They also told me that the dealer is not cooperating because they already made there money and they don't care what happens.

Why did you sit on this three years ?

How long after they dealer told you take your pick did you voluntarily have it repossessed ?

What amount do you believe your monetary damages are ?

( That is without ruined credit ) - You let that happen .

Are you able to prove they offered you another way under the value of the one you were paying on ?

( they will surely say they did not ).

 

[cyjeff]

under the lemon law, you had the opportunity to sue the dealer.

That ship sailed about 3 months after the dealer refused to abide by the letter.

I am not sure what you expected to happen.... but 3 years after the incident is too late to hold the dealer accountable.