long story

[kyleandnichole]

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

I went to a dealership in san fransisco called select auto to buy a car. I found a nice shiny black 2002 Grand Prix GTP. After I got there, it looked like a good and pretty decent car. I got into the car for a test drive with the salesman, Tehron. I got in the driver seat with Tehron in the passenger seat and my brother and girlfriend got in the back seat. I heard a “Eww, gross!!” I turned to look at my girlfriend quickly and asked "what’s wrong?!" she held up a smashed up tootsie roll that was embedded in the crack of the seats where the seat belts are coming out of; kind of gross, but I just laughed it off. After all, it was a 7 thousand dollar car. I can’t be too picky. As I started the car I noticed that the DIC (driver’s information control) wasn’t working. I already did research and found that they do go out sometimes and only cost about $100, so I figured I would get to fix that later. It did have a small crack in the front windshield and I didn’t like that much either, but it wasn’t so big or that noticeable. I started to drive it and I liked it. The interior was nice. We got back to the office and went in to sign papers. I realized that the car had an “as-is no warranty” on the car. This was my first experience buying from a dealer and he did tell me it was all inspected inside and out. I’m good with cars so I figured if anything goes wrong I could deal with it. Whatever. Signed for it and headed home. I made a lot of mistakes in this choice mostly because I didn’t have a lot of experience in doing this kind of thing and neither did the family. I live 3 hours from this car lot, but I’m a big fan of certain cars and I only want to drive a nice car. I don’t want to pay for something I don’t totally like. So, we headed home all the way back up to Oroville, about 30 minutes from Chico CA. The odometer read 98,627miles. Not bad. Still less than 100 thousand. Seemed good to me. The trip from the dealership, or car lot I should say, to my house is exactly 150 miles away. I get home and I am enjoying the car. I love the super charger and the roominess of it all. This was on 3/24/08. About 1 week later it starts making a ticking noise very quiet but still noticeable. I had been meaning to take a look at it but didn’t have the time and it was so quiet. I assumed maybe it had made the noise but just never noticed it since I listen music a lot.
So I figured probably nothing, after all it was still pretty much new to me. About a week later I get a call from Tehron. He calls me and tells me that they misplaced the papers for the smog and asked me if I could get it smogged. I said “well I’m so broke now after using most of my money on the $1,000 down payment. He didn’t offer to reimburse me until I said that I would need to be reimbursed. They agreed they would reimburse me if I sent in a copy of the receipt. It took me about a week to get it smogged because I was very busy working trying to make money to keep up on payment and all that and I realized it’s not my mistake so I’ll do it when I get another day off. I got the day off and went down to a place called "An Honest Smog" here in Oroville. The car still had the little paper they stick in the window and the card board license plate covers that have the Select Auto name on them and the smog guy asked me why I was here to smog it if I just bought it. I told him what they told me. I said, “Because they lost the papers for the smog and they needed me to do it and send them a receipt”. He said "wow that’s really fishy, because you can’t loose the certificate; it’s all in the computers".
I was like I don’t know. So the car luckily passed and I left at this point. I spent about 5 dollars to send the receipt to them. The total of the smog came to $45. I called Tehron and told him it was on the way. I was tired of the whole situation and quickly hung up. I realized now that my car had started clicking again, but now enough to know that something wasn’t right and also realized that I haven’t got my money yet for smogging the car for them. I called them and told them that I wanted my 45 dollars for the smog and told them that this car is starting to make noises and it worries me. They ignored the clicking thing and told me that the owner, Mory would write me a check when he gets in. I asked when that was and Tehron told me later on that night, about an hour or so later. I said ok.
I called back the next day, (continued.....)

[kyleandnichole]

say about three times. Tehron started apologizing that Mory still hasn’t been in and he didn’t come back that night and that he’s sorry about it all and next time Mory comes pouring in he would talk to him for me. He said he'd call me when he gets a hold of Mory. I start thinking about it and it’s only 45 dollars and I don’t want to become super annoying to this man I’m a pretty respectful person. I don’t want to call off the hook begging for my 45 dollars. So I take the car into a mechanic my mom knew he said that he looked at the pullies and thought it was coming from there. That wasn’t the problem but he did notice the side of the water pump was leaking water out of the side. I bought a new pump and he put it on and the noise of course kept going and for the next 2 or so days it got louder. He told me that he doesn’t do engine rebuilds and that he’s not going to touch the car. I told him thanks and went on to looking into another mechanic that can do it. Here in Oroville we have a big dealership called Hobbie Auto that’s a GM dealer. They cost an arm and a leg but I figured it was best. Once again I had no money, so being afraid of driving the car, I parked it and walked to work the next 3 days. I figured hey it’d be good to do a little bit of walking and even better to not drive the car. 3 days came and went and it was pay day! I new it would cost a fortune to have this place do the work to it so instead I had told them that it was clicking really loud it has now lost a lot of power and was really embarrassing to drive. I’m sure I could have gotten pulled over that day for a noise violation. They took it in for $120 and at this point it had been about 1 1/2 months and the car was at 100,757 miles. Barley over 2 thousand miles. I got the car back and they had given me an estimate for new and used engines at 5,800 and 6,700 dollars. They say it would cost more in repairs to fix the car then it would to just buy a new engine and that the engine was pretty much trash anyway (the bottom end mainly).
I was mad knowing I had only made 1 payment so far and I’m already out a car and 6000 dollars deep in a bill.
I then decided that I need to fix this car and began looking for alternatives for engines. I didn’t have any money and I knew there’s no way I’d get the money for the engine. I called Select Auto back and told them I want my money back and I told them the car’s engine is garbage and I need the money. They didn’t agree once again so I got to looking and I guess not smogging a car is kind of serious? They said that they did smog it but I looked on the Bureau of Auto Repair and the last time it was ever smoged was about 2 years ago and that it was done in Davis, far away from San Francisco. I then began to press this very hard on them telling them that it was illegal for them to do this and maybe this is the reason they didn’t smog it and I told them that they have to charge for the smog fee at purchase. Then I paid to have it done again and still no reimbursement. The owner, Mory, totally didn’t want to talk about the smog after I told him what I had found out. He then started sounding very nervous and told me some stupid story that it wasn’t even his car, that he was selling it for a friend named Manny and I can talk to him if I wanted information on the car. After a while it became a lost cause because they weren’t going to help me.
I called the Bank of Stockton who had granted me the loan for the car and told them that this car is messed up and that I was trying to talk to the dealer and if there’s anyway that the dealer could take there car back they get their money and me to just be free of it all.
They told me that the dealer would have to give them their money back. After seeing that I never even got my 45 dollars back I don’t see them putting those 6,900 dollars back to the bank. So I give Select Auto a call back and Tehron answers. I tell him the plan and what they could do to make me a happy customer and to do what’s right. He has no answers. He says we need to talk to Mory. He also says the check has been sent out. No check yet but I say “what the hell” I cant walk forever. I go start the car and I realized that at an idle the car isn’t making the noise drive it up my street and still nothing. The cars rattling and loud clicking that you could hear across a Wal-Mart parking lot has stopped.
Ok, so I get the check a day or two later to find that they have shorted me $5. At this point I was surprised to even receive the check and my car was still sort of powerless but mostly quiet again so I didn’t care about the 5 short dollars. One day my girlfriend was coming home with the car while I was at work and it dies in the middle of driving; it just died. I figured obviously the car was going to go eventually but didn’t know it would like that and I had it towed home. So I continued where I left off no more than a week or two ago talking to mori. I told him I WAS VERY ANGRY. HERE IM OUT 6900 DOLLARS TO THE BANK AND THEY WANNA SHORT ME $5? Oh no way. I told him that I sent you guys a receipt and I will take you to court for this and for the car being broke and all. They then try to work with me. They tell me they can take the car back and get me another car. Sweet! Skip a couple days forward and dang, too good to be true. They wouldn’t just get rid of the bill for the Grand Prix and take it back, but they were willing to take the car back and try to get me a larger loan to get another car from them. I can’t afford another loan on top of the 6 thousand one I already have.
It’s a loosing battle. I can’t afford to take them to court, I don’t even know where to start if I did.
I was advised by some family to just let them repo it. They say if it’s a voluntary repo then it might not look so bad on me.
So I called the bank told them that I tried working with the dealer and they wouldn’t budge and that the car is broken with no more than 3-4k miles on it from when I bought it and that I can no longer afford this car because I need to look for a working car. I asked them to come pick it up because it’s move less in the driveway. They said ok and came and got it. Fast forward to now. I just got served with papers at my work saying that the bank of Stockton is now suing me for $6,075.82. The packet says I can right a letter and send it in to the court to have my case looked at. I have been thinking about trying to appeal it and to tell the court that the car was sold illegally and that under Section 24007 (b)(2) of the Vehicle Code it’s the law for them to have smogged the car and for that I think that the dealer had breached the agreement before I have. I want to see if the court can maybe get the money for the bank from the dealer and not me. When the bank took the car they have it down as they sold it for 1200 dollars in an auction and I have to pay the rest. The guy that sold me the car (Mory) never even physically signed his name on the sales contract. It also says on the contract: “how this contract can be changed”. This contract contains the entire agreement between you and us relating to this contract. Any change to the contract must be in writing and both you and I must sign it. No oral changes are binding”... if they didn’t smog it, wouldn’t this be a change? So they breached their own agreement??? . I’d much rather try to take this route, either that or ask the court to grant me low payment installments to pay the bank off but I really don’t think I should have to do that.
I can’t afford a lawyer and wish I could cause I really truly need help with this badly. I don’t have this much money and I’m still young and trying to go to school to be an EMT, hopefully to become a firefighter someday. If anyone who reads this can help me please help me out, I’d appreciate it so much. Or if anyone has any helpful advice please email me at [email]kyleandnichole@mail.com[/email]
Thanks for reading everyone and I’m fighting hard to try to win this

[cyjeff]

It took everything I had to choke down part one only to find out part two was longer.

Kid, I know you are excited about your car... but we aren't going to read your life story.

25 words or less... what is your issue?

[TimStudiesLaw]

Summary:

1) Kid bought a 6 year old car with almost 100,000 miles on it without first having it inspected by a mechanic of his choice.

2) Engine went out. Kid quit paying, car got repossessed.

3) Now sued by the bank

4) Kid looking for a technicality on the contract to avoid judgment.

A. You're gooched bub. Two different transactions took place that day at the dealer. 1) you bought a car from a dealer, and 2) you took out a loan from a bank. Neither would have happened without the other, but they are two separate transactions. This is what happens when you don't pay the bank. You owe the bank the balance of the loan.

If there is a next time, make sure to spend $100 at a mechanic before you buy.

[cyjeff]

Based upon the above summary (thanks Tim), I agree.

Let the buyer beware.

[kyleandnichole]

haha you guys are funny i guess you could hae scrolled down to see what you were reading lol also gave a warning and a seprate post to shorten it up alot. lol
your right $100 would have saved me money on the car.
i just think the car was a bad sell in the first place not just cuz it busted but because they lied in the sell saying it was smogged and then later asking me to do it. when i looked it up in the auto repair berau it says tht it was last smogged in 2006 in davis which is aways away from sf. the way they were so on me about smogging it to me seemed like they were worried about getting busted.

tims right i am absolutely looking for somthing to get myself out of this because it was wrong!
if someone did alot of dirty things like this to you and they could of been potentialy illegal then heck yes i will try my hardest to get them to come down with me or help pay for somthing.
thank you all for the help and i guess i got all the answers i need from this site atm.

[cyjeff]

Originally Posted by kyleandnichole

haha you guys are funny i guess you could hae scrolled down to see what you were reading lol also gave a warning and a seprate post to shorten it up alot. lol
your right $100 would have saved me money on the car.
i just think the car was a bad sell in the first place not just cuz it busted but because they lied in the sell saying it was smogged and then later asking me to do it. when i looked it up in the auto repair berau it says tht it was last smogged in 2006 in davis which is aways away from sf. the way they were so on me about smogging it to me seemed like they were worried about getting busted.

tims right i am absolutely looking for somthing to get myself out of this because it was wrong!
if someone did alot of dirty things like this to you and they could of been potentialy illegal then heck yes i will try my hardest to get them to come down with me or help pay for somthing.
thank you all for the help and i guess i got all the answers i need from this site atm.

Uh huh.

Another case of "I don't like your proper legal answers and so they must be wrong."

We get that a lot here.

[kyleandnichole]

no, but now you are judging me.
i got the answers i needed i might not like them but i wouldnt like any answer i would have gotten. im in a bad situation. i am now, because of you guys, ponting my self in the direction of looking for a payment plan to pay off the bank.
thanks again