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I Am Being **** by a Car Dealer

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kathi881

Junior Member
What is the name of your state? New York

I purchased an used Chevy Astro Van from Park Auto Sales in the Bronx, New York in the fall of 2003. Almost immediately I had problems with it. On several occasions it would not start. The dealer did repair it under the terms of the warranty. No matter how many times it's been repaired, the problem continued.

I finally ended up transferring the van to my brother. The dealer told me I had two back payments to make before he would allow me to transfer it. The repayment schedule the dealer had prepared was not clear so I didn't even know I was behind. I made good on the last two payments and transferred the car to my brother.

My brother continued to experience the same problems with the van that I had. He called the dealer and explained that since the van kept on breaking down and he couldn't really afford the payments anyway, they should come take it back. They came and took the van back. When they took the van, they gave him a piece of paper breaking down how much had been paid to date and that it was voluntarily surrendered.

A week or two ago I received a document in the mail stating that I am being sued by Park Auto Sales for the full amount of the van. In the document they say that the van was repossessed by them. As I stated above, the van was voluntarily surrendered.

Since I transferred the van to my brother and he surrendered it to the dealer, I feel that we are being taken advantage of.

Also, under the New York State Lemon Law, since the dealer has the car back and it was never repaired to anyone's satisfaction, aren't I entitled to some money back? I feel that if I'm responsible for anything, it would be from my last payment until they towed the car.

Are any laws being broken here? If so, can you tell me what they are?
 


JETX

Senior Member
kathi881 said:
A week or two ago I received a document in the mail stating that I am being sued by Park Auto Sales for the full amount of the van. In the document they say that the van was repossessed by them. As I stated above, the van was voluntarily surrendered.
It makes NO difference whether the van was repossessed by a 'repo guy' or repossessed by voluntarily returning it. It was REPOSSESSED.

[quoteAlso, under the New York State Lemon Law, since the dealer has the car back and it was never repaired to anyone's satisfaction, aren't I entitled to some money back?[/quote]
How old was the car when you FIRST took it for the warranty repair (was it less than two years from DELIVERY)?? Did it have less than 18,000 miles when you took it for repair?? If no to either of the above, the New York lemon law does NOT apply to you. And even if the above DID apply, you waited too long to assert your claim.
For more on the NY Lemon law, go to: http://www.oag.state.ny.us/consumer/cars/qa.html

I feel that if I'm responsible for anything, it would be from my last payment until they towed the car.
Sorry, but that is NOT the case. You (or possibly your brother, depending on the actual paperwork) is liable for the difference in the amount owed at the time of repossession and the amount the lender was able to sell the vehicle for at auction, plus the costs incurred in the sale.

Are any laws being broken here? If so, can you tell me what they are?
Yep. Your failure to comply with the FULL terms of your purchase agreement constitutes 'breach of contract' and you could be found liable for the damages the lender incurred due to your breach.
 

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