deceived by a car dealer

[legal74]

State: Florida

Ok my problem is i bought a 1997 pontiac sunfire about 3 weeks ago in total i have only driven the car about 5 days they have had the car almost every day ..they just recently gave me a loaner that has a transmision problem and I am scared to drive that.. the bank approved the loan but not the car .. now my question is can they make me make a payment on a car they have not approved? and 2 can i hold the dealer liable for verbal agreement they made to me to fix the cosmetic end of the car? they have to fix the mechanical or they lose the sale .they have also asked for an additional deposit of $500.00 I feel since the dealer lied to me that i should not have to pay this addtional amount . also they tried to rig the car to pass the inspection of the bank.. can anything be done / please help

 

[Elliotg]

You have to clarify a few things. "now my question is can they make me make a payment on a car they have not approved?" Who is the "they" that you are referring to? Is that the dealer, or the bank?

If you already purchased the car, how can the dealership be asking you for an additional deposit? This just does not make sense.

The financing contract is legally required to contain a provision which would allow you to assert any legal defense against the "bank" that you would be able to assert against the seller (dealership).

Have a reputable and licensed mechanic inspect the vehicle. Take pictures of any "rigging" done by the seller. You need him to write down all the problems. Make sure that he would be willing to testify as to his findings (if the case goes to trial you will have to pay him to testify).

Based upon what you indicated, the car probably is not fit to be on the road. In that case, you might be able to void the sale by asserting that the vehicle did not satisfy the warranty of merchantability. Did the sales contract say "as is"? Even if it does, you still may have a good case.

Send a letter to the seller. It should be sent by certified return receipt mail. Assuming your mechanic determines that the car is not fit to be on the road, tell the dealer that you want all your money back and that they should keep the car. Spell out the problems and their failure to repair same. Write that they have 5 business days to refund your money. Turn in the loaner. If they don't reimburse you in full, see an attorney.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee. I would be happy to meet with you.

Good Luck, Elliot Jay Goldstein (offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.