Any rights?

What is the name of your state? ND

I seen an ad for a 98 dodge dakota sport ext. cab 4x4 pickup for $8995. The ad stated it is in "perfect condition". It was listed around private party book price - but was on a small lot who deals with auction vehicles.

Went and test drove twice, both times on icey conditions. The truck is nice and clean, drove nice, but wasn't used to driving a pickup. Tested the 4 wheel drive and seemed great. Owner said he drove it for 3 days with no problem. Signed a purchase agreement for the asking price - loan is preapproved. Called loan officer, they cut the check and sent it in the mail the same day plus they faxed the dealer a copy of it. They said I could have the truck with the copy of the check in their hand. Dealer said I could not have the truck until they received the check, plus they would hold the title until the check cleared. Their initial reasoning for not letting me have it was to protect them from their financer in case of being audited. I was upset with that and should have ran there - but gave them the benefit of the doubt.

Received a call the next day that the check came in. I picked it up and signed an As Is (ND has no lemon law on used vehicles). did not see title - but ran a check on the history before hand and seemed reasonable. Drove it around town that day/night (not more than 25 miles total). Next day drove it 25 miles out of town. Noticed severe damage on top of cab within 24 hours of receiving vehicle. an hour later noticed transmission severely slipping in third gear when shifting on the highway. Checked transmission fluid - empty. Had to drive 50 miles round trip in a borrowed vehicle to get proper fluid. Called dealer in the mean time and spoke with a lady who answered the call. She she said couldn't help but would get the owner after I insisted. She came back and said he just left out the back. I was mad and said that was likely. I then drove the vehicle to the dealer and he came out. I told him what I discovered with the "perfect condition" vehicle. He was aware of the cab damage - insisted nothing was wrong with transmission. I told him I will stop payment - he threatened a law suit. He said come back tomorrow when he is open, so I told I'd be there as soon as they open in the AM.

Next day, stopped payment on check immediatley and showed up at the dealer right when they open (took time from work to do this). No owner, sales person there. He didn't know what was going on. Gave him the run down and the keys. Left at 9:20. Get a call at 9:40 from owner, threatening lawsuit, saying i didn't give him a chance. He also called my loan officer and threatened him. Wanted to do something right so he got estimates done on damage and would give me $1000 back if I fixed them myself. Estimates totaled $1250 and the transmission estimate was oddly low (no one could rebuilt it for that price). I did not agree with terms. I offered a low price as is and left it at that. He has no money - I have no title.

Do I have rights as he misrepresented the deal?

[djohnson]

Did you sign contract/agreement to purchase the vehicle at such and such price? If so you are liable and he does have a leg to stand on to take you to court.

Thanks for the response. I did sign a purchase agreement - however, I did not even see the title at time of purchase so my name is not on it anywhere. they said they send it after the check clears. From my understanding they are suppose to hand over the title at time of transaction. Still haven't seen it. The payment on the check was cancelled immediately.

I did speak with an attorney and given the situation I have the upper hand at this point. Thanks again!

if the dealer didnt get the money, theyll likely just sell it to some other "sucker" and forget all about you....