• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How best to return a recently purchased car?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LKassis

Junior Member
What is the name of your state (only U.S. law)? Iowa

What is the name of your state (only U.S. law)? Iowa

Daughter in a mess. Boyfriend (BF) doesn't have a license and can't own a car in his name. He gets my daughter (D) to put it in her name. He pays the insurance but it's in her name. He fails to pay the insurance unbeknownst to her and has a wreck. He signs promissory note with the other parties insurance company to make payments toward the damages.

Some months later, he has paid payments toward the above damages. He decides he needs to buy a different car. He tells D he has checked out a car at a dealership and takes her to sign the papers. They sign all the wonderful papers to buy a 2002 Malibu for approx. 11,000 @ 19.95% interest when after bought finds that blue book says retail is $5600. She did not have enough income to purchase so BF signed as Co-Buyer (he earns more). Now a month down the road and he has managed to put about 4,000 miles on it, they find that due to the previous accident D's registration priveleges are suspended as well. DMV shows the Malibu 'cancelled'. I would assume since the dealership took for license and title fees, they attempted to file them to transfer title into D and BF's name but it was kicked back, 'cancelled'. Also guessing that means they know that is has been cancelled. Oct 10 is deadline to register.

She has determined BF no good. She is planning to move home. We were planning to keep up the payments and try to sell car privately until this registration issue came along.

Only alternative we can see is for her to take a hit on her credit (which until now was building nicely) and return the car to the dealership. This dealership is infamous, according to what I read on the internet. JD Byrider. Lender is in house with JD Byrider called CNAC.

She has kicked BF out. He will not give up keys to the car but it is locked in the garage which she has the keys. She told him to either find someone to sign as primary to get her name off or car was going back.

#1 is Co-Buyer synonymous with Co-Signer, or is he a joint buyer?
#2 any advice on how best to handle the return of this car.

I've read the entire contract. Seems they have covered all basis of a typical rip off dealership. They had them sign a document that they were not in any way being coerced into this transaction, notice of video taping and that all phone calls will be recorded, notice that any efforts necessary to receive payment including contacting employer and references are approved, D signed a Limited POA giving them the right to take from her bank account if she did not make the regularly scheduled payments as agreed by check. They seem to have total POA over anything having to do with this car where D is concerned. Let me know what other info you may require to assist in this matter. Most appreciated.
 


Zigner

Senior Member, Non-Attorney
I'm really not sure what you expect us to do. The only people who DIDN'T do anything wrong seems to be the dealer.
 

LKassis

Junior Member
I am not one to get into this type of mess. I research before I do things.

I just wondered what might be the best avenue for taking the vehicle back to the dealership. Any advice on pitfalls to avoid, etc.
 

Mass_Shyster

Senior Member
Only alternative we can see is for her to take a hit on her credit (which until now was building nicely) and return the car to the dealership.
It appears that the dealership suspected D may try to walk away and protected itself from that eventuality.

Even if she returns the car to the dealership, they will sell it off (probably for well under $5600) and chase D and BF for the difference.

If BF won't let go of the car, D will end up paying for it, or taking a hit on her credit and paying for it anyway.

The dealership seems to know what they are doing, and how to insure people follow through on their promises.
 

HomeGuru

Senior Member
I am not one to get into this type of mess. I research before I do things.

I just wondered what might be the best avenue for taking the vehicle back to the dealership. Any advice on pitfalls to avoid, etc.
**A: your daughter hooked up with the wrong guy. But then again you knew that. Your daughter is on the hook.
 

LKassis

Junior Member
The Dealership is one of those high risk ones. As I read the reviews from people who bought and borrowed from them, it all clicked with what is in the contract and the additional notices they had them sign.

I can image what all people might say and do to get a car then not be able to follow through with paying for them. I have never had the need to deal with place like that so I am at a loss how to deal with them when they treat her or me in the manner they treat others.

She fell into this with influence from a bad BF but don't get me wrong, she is a big girl and it's her fault for letting it happen. I just feel bad when someone is taken advantage of. She is fully aware they are going to come after her for the loan repayment. She has no choice that I can see but to take the hit on her credit, pay back what she has to pay back, and rebuild her credit. She is young and she made the mess instead of seeking advice from other experienced adults. Just trying to help her get through it as she gets away from this guy.

ps. So, what is the difference between a Co-Buyer and a guarantor? With the inclusion of the form BF signed stating he is responsible for repayment even if he does not have possession of the property leads me to believe he would not be an owner but rather simply a guarantor.
 

LKassis

Junior Member
Wondering how someone can be held to pay a loan on a car when they didn't and weren't able to take title. Title and registration transfer was declined/cancelled at the DMV. This is still Iowa. Wouldn't this be almost like saying, Well, the car isn't in your name so no proof of actually taking possession and owning it but we are going to expect you to pay back $10,300 even though you don't and can't own the car. Wouldn't the dealership have been responsible for checking eligibility to register a vehicle prior to selling and lending on one? Seems especially in the high risk dealership they are in, this would be a commonplace practice, to verify that someone can actually hold title and register a vehicle. They certainly covered everything else in the contract and additional documents.

Also, didn't get a reponse on my question of Co-Buyer vs Guarantor.
BF signed in the spot designated 'Co-Buyer', however, he also signed a paper saying even if he is not in possession of the property, if the Buyer does not make the required payments he would be liable to make the payments.
 
Last edited:

Zigner

Senior Member, Non-Attorney
Wondering how someone can be held to pay a loan on a car when they didn't and weren't able to take title. Title and registration transfer was declined/cancelled at the DMV. This is still Iowa.

Also, didn't get a reponse on my question of Co-Buyer vs Guarantor.
BF signed in the spot designated 'Co-Buyer', however, he also signed a paper saying even if he is not in possession of the property, if the Buyer does not make the required payments he would be liable to make the payments.
No, you are wondering how you can assist in continuing the fraud.

Both the signer and the co-signer (or buyer and co-buyer, if you prefer) can be found liable for the full amount of the loan remaining. If the car is repossessed and sold at auction, those proceeds would reduce the total debt.
 

LKassis

Junior Member
I am in no way trying to assist in continuing with fraud! For God's sake I am a Notary and a Adjunct Notary Instructor. The last thing I would do is assist in fraud!

HOWEVER, I despise places such as these! They are like the dirt under my feet. If there is a loophole to be had, I will use it to help get my daughter out of this mess with the low-life dealership and the low-life ex-boyfriend!

She is a small town girl with the first boyfriend she ever had taking advantage of her. He's been in prison but he's rehabilitated. He loves her SOOO much. But oh honey I haven't paid my fines for the past umpteen years but you'll help me with that. I can't get an apartment with my credit and my record. Oh honey you'll help me with that won't you. We can just put it all in your name. Oh I love you SOOOO much. Oh honey let's get married. Oh we need to get you an engagement ring. On sale $900, oh honey I don't have good credit. We will put it in your name.

Bunch of BS that she fell into! Yes she's an adult. A very naive one at that!

I am fully aware as I stated in an earlier post that she is likely to have to repay $10,000 plus at 19.95 % interest and that's the price she has to pay for being stupid but if I as her mother can direct her so as to minimize the damage you d**n right I will as long as it's within the law.

I've already lectured her about when you do something against the law such as drive without insurance you get you registration priveleges revoked until you make good on the responsibility you had in ownership of that car. You do not try to circumvent the law, you take your punches, deal with them and learn from them. You are guilty, now pay the piper.
 

Antigone*

Senior Member
I am in no way trying to assist in continuing with fraud! For God's sake I am a Notary and a Adjunct Notary Instructor. The last thing I would do is assist in fraud!

HOWEVER, I despise places such as these! They are like the dirt under my feet. If there is a loophole to be had, I will use it to help get my daughter out of this mess with the low-life dealership and the low-life ex-boyfriend!

She is a small town girl with the first boyfriend she ever had taking advantage of her. He's been in prison but he's rehabilitated. He loves her SOOO much. But oh honey I haven't paid my fines for the past umpteen years but you'll help me with that. I can't get an apartment with my credit and my record. Oh honey you'll help me with that won't you. We can just put it all in your name. Oh I love you SOOOO much. Oh honey let's get married. Oh we need to get you an engagement ring. On sale $900, oh honey I don't have good credit. We will put it in your name.

Bunch of BS that she fell into! Yes she's an adult. A very naive one at that!

I am fully aware as I stated in an earlier post that she is likely to have to repay $10,000 plus at 19.95 % interest and that's the price she has to pay for being stupid but if I as her mother can direct her so as to minimize the damage you d**n right I will as long as it's within the law.

I've already lectured her about when you do something against the law such as drive without insurance you get you registration priveleges revoked until you make good on the responsibility you had in ownership of that car. You do not try to circumvent the law, you take your punches, deal with them and learn from them. You are guilty, now pay the piper.
NO loophole, just a tough and expensive lesson to be learned by your little girl.
 

LKassis

Junior Member
Thank you, Wirelessany1. That is all I needed to know. I've made the best attempt to help her and now she just has to live with it and hopefully learn from it.
 

Antigone*

Senior Member
Thank you, Wirelessany1. That is all I needed to know. I've made the best attempt to help her and now she just has to live with it and hopefully learn from it.
I can tell you with all honesty that if you let your child be accountable for her actions now, she will be more responsible later.

I'm living proof...just ask my daddy;)
 

LKassis

Junior Member
I know it will make her stronger. I never expected she would get out of this unscathed. But MY GOODNESS $10,300 is an awful lot of learning. :)

Not to mention the apartment she can't afford alone and the ring payment etc.

Thanks so much for your responses today. They are most appreciated, one and all. :)

I am most intrigued by the law and it's intricacies. I am currently working toward a BA in Paralegal Studies. My husband thinks I should go all the way and finish through law school. I told him I'm too old for that. :) I'd be 50 by the time I am ready to sit for the bar.

I just realized your signature:
"Never assume dishonesty when stupidity is an equally plausible excuse."

Yep, that's my girl!
 

Country Living

Senior Member
I am most intrigued by the law and it's intricacies. I am currently working toward a BA in Paralegal Studies. My husband thinks I should go all the way and finish through law school. I told him I'm too old for that. :) I'd be 50 by the time I am ready to sit for the bar.
You're going to be 50 anyway. ;) Do you want to be 50 with or without a law degree?
 

LKassis

Junior Member
THAT IS HILLARIOUS! One of my Professors used that same statement on me.
We will see how it goes. Thanks for the encouragement. :)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top