Stopped payment

[sajoseph]

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

I found a vehicle in TN at a major car dealership. Turned out, their sister dealership was located in AL in my town, so I called them. They told me that coming in locally and buying the car was the same as traveling 4 hours, save myself the trip and come in locally.

When I arrived, everything was discussed. The GM was on the phone w the lot in TN assuring me that I was buying a beautiful, road worthy, dependable, inspected used vehicle with nearly new tires on it. So, after over an hour of reassuring me, I gave in. They were to have it delivered on a flat bed the next day.

When it arrived, the tires were bald-like DOT failing BALD, number one promise proven wrong. Then, the transmission torque converter had a seperate switch, which took mechanice hours to find (it was turned on) and the truck stayed in lock up the whole time-shifted too fast, stalled at stops, would barely stop-etc. When the switch was found and turned off, the problem went away-but Im a football mom, cant be switching switches to drive the truck from light to light to manually shift an automatic truck!
Then when I brought it to my husband it had a major oil leak, constantly dripping from the motor-NOT A DRAIN PLUG-major motor leak. The oil wasnt even showing on the dip stick it was so low. The truck holds 14 qts!

So I started back to the dealership and on the way the rotors were shaking the wheel outta my hand, this that etc.....$1200 injectors bad-hard starting!This is a $11000.00 vehicle-cash!

Anyways, I parked the truck, stopped payment on my check-dont want it.

Whats my rights?I told them what needed fixed and they only offered to fix oil leak**************...refused anything else-also said they never said they inspected it when 3 witnesses heard him say it.

[JETX]

Originally Posted by sajoseph

Whats my rights?

Rights??
You have the right to pay for your car.
You do NOT have the right to cancel the transaction without legal proceedings.

Go pick up YOUR car.... drive it to a local attorney who can review the ENTIRE transaction, including YOUR written warranty and condition statement (you did get all that in writing, didn't you?).... and then he/she can advise you what options you might have.

[sajoseph]

But is that not misrepresentation of a vehicle I am going to buy?

When the GM, salesman, and three of us are sitting together, and he is relaying information IN FRONT OF US over the phone-we would ask "How are the tires?" and he would ask the other dealership, and answer "Like new". This is what happened with all our questions, in front of all of us.

In other words, I was expecting a totally different vehicle-I was not delivered the vehicle that I was told I was purchasing. I do not mind paying the tow bill for having it transfered to me, but I will not buy the vehicle because it was sold to me under fraudulent pretenses.

[JETX]

Originally Posted by sajoseph

But is that not misrepresentation of a vehicle I am going to buy?

When the GM, salesman, and three of us are sitting together, and he is relaying information IN FRONT OF US over the phone-we would ask "How are the tires?" and he would ask the other dealership, and answer "Like new". This is what happened with all our questions, in front of all of us.

In other words, I was expecting a totally different vehicle-I was not delivered the vehicle that I was told I was purchasing. I do not mind paying the tow bill for having it transfered to me, but I will not buy the vehicle because it was sold to me under fraudulent pretenses.

Sounds good....
Now, you just have to subpoena all those other people and get them to say, in court under oath, that the other guy, who they work for or with, lied.
Absent a court order to such, the vehicle is still yours.... as is the obligation to make payments.

So, the choice is yours:
1) Go get the vehicle, repair as needed and sue for your 'damages', or
2) Go get the vehicle, repair it as needed and take it as a 'life lesson', or
3) Don't get the vehicle, assume is theirs, don't pay on it and take the hit both on your credit report... and when the lender sues you.

[sajoseph]

I think I will take my chances. Hire a lawyer. It was cash, no payments. And if I do get sued, witnesses are standing by including the salesman who just quit!

Thank you for the advice. I also own a business, and we have many car dealership accounts, who in turn, have advised me they have too been in this predicament (sp?) and the final outcome? I was sold a vehicle under faulty pretenses, and NOTHING will come out of it. It will cost them too much to take this to trial, and there is too much evidence against them.

I have actual email of the tire, they took a pic of the ONLY decent tire on the truck-took 6 pictures (Its a dually) of the same tire to make me think they were all good.

Thanks again. This consumer isnt getting taken. Ill call the newspaper, news channel-very small town-

[TimStudiesLaw]

Why didn't the mechanic you paid to inspect it for you before purchase it find these defects?

[Willlyjo]

Originally Posted by sajoseph

But is that not misrepresentation of a vehicle I am going to buy?

When the GM, salesman, and three of us are sitting together, and he is relaying information IN FRONT OF US over the phone-we would ask "How are the tires?" and he would ask the other dealership, and answer "Like new". This is what happened with all our questions, in front of all of us.

In other words, I was expecting a totally different vehicle-I was not delivered the vehicle that I was told I was purchasing. I do not mind paying the tow bill for having it transfered to me, but I will not buy the vehicle because it was sold to me under fraudulent pretenses.

That vehicle is a Lemon. There must be some type of Lemon Law in your state. Look in the phone book or Online and see if there is a lawyer available to take action against these thieves who like to screw people.

[JETX]

Originally Posted by Willlyjo

That vehicle is a Lemon. There must be some type of Lemon Law in your state. Look in the phone book or Online and see if there is a lawyer available to take action against these thieves who like to screw people.

What a stinking pile of Pelosi!!

You have NO information as to the year of the vehicle, so can't determine if it is protected by a 'lemon law' or not.... yet, you claim it is.

You have NO information as to whether this was a new or used vehicle, so can't determine if it is protected by a 'lemon law' or not.... yet, you claim it is.

You provide NO specific 'advice' as to ANY 'lemon law', so can't determine if it is protected by a 'lemon law' or not.... yet, you claim it is.

Hell, we don't even know what state laws might even apply since two states are involved, yet you somehow 'guess' that a law has been violated.

You're full of Pelosi!! Use what little mental ability you might have BEFORE you post your ignorance on the forum.

[Willlyjo]

Originally Posted by JETX

What a stinking pile of Pelosi!!

You have NO information as to the year of the vehicle, so can't determine if it is protected by a 'lemon law' or not.... yet, you claim it is.

You have NO information as to whether this was a new or used vehicle, so can't determine if it is protected by a 'lemon law' or not.... yet, you claim it is.

You provide NO specific 'advice' as to ANY 'lemon law', so can't determine if it is protected by a 'lemon law' or not.... yet, you claim it is.

Hell, we don't even know what state laws might even apply since two states are involved, yet you somehow 'guess' that a law has been violated.

You're full of Pelosi!! Use what little mental ability you might have BEFORE you post your ignorance on the forum.

"Lemon" in this case is a word to describe exactly what the vehicle is---a Lemon!!! You can call it a pile of junk if you want to--the point is that it doesn't matter what state you are in, you have rights protecting you from cheats like the ones who sold this person a car or truck. As for you Jetx or idiot (same thing), your ignorance is well documented in this forum. I suggest you quit giving advice about things you know nothing about.

[JETX]

Originally Posted by Willlyjo

"Lemon" in this case is a word to describe exactly what the vehicle is---a Lemon!!! You can call it a pile of junk if you want to--the point is that it doesn't matter what state you are in, you have rights protecting you from cheats like the ones who sold this person a car or truck. As for you Jetx or idiot (same thing), your ignorance is well documented in this forum. I suggest you quit giving advice about things you know nothing about.

You are so full or Pelosi... I bet your eyes are brown!!

You, my nitwit friend, couldn't find a lemon on a lemon tree. Anyone with any legal experience or education KNOWS that lemon laws are specific in what types of transactions and vehicles are covered. You, however, are showing your ignorance every time you post. Do the world a favor and remove yourself from the gene pool.... before your ignorance causes real damage.

[Kiawah]

sajoseph,

It's condition shouldn't be a surprise to you. When you asked about the tires and were told that they were knew, and then the truck showed up and you see that they're balk....all kinds of warning flags should have gone up. With an oil leak as you describe, and no oil on the dipstick, both should have been caught by you during the initial walk around. If you weren't sure you needed a mechanic to go over it, it's less than pristine condition should have convinced you otherwise. Didn't the rotors vibrate the truck on your road test, or didn't you take one of those either?

What does the carfax report say, has it been in an accident?

Why you continued with the transaction, signed the papers, wrote the check, and now claim woe is me, is questionable.

[Willlyjo]

Originally Posted by JETX

You are so full or Pelosi... I bet your eyes are brown!!

You, my nitwit friend, couldn't find a lemon on a lemon tree. Anyone with any legal experience or education KNOWS that lemon laws are specific in what types of transactions and vehicles are covered. You, however, are showing your ignorance every time you post. Do the world a favor and remove yourself from the gene pool.... before your ignorance causes real damage.

You are an absolute narcissist. As you should be able to see if you had any type of command of the English Language, I advised the OP to seek the advice of a lawyer to see if there was a Lemon Law in effect in their state. Also, call it what you may, the vehicle had a gross oil leak, rotors causing shaking, bald tires, etc...I call that a Lemon!! Others may call it a piece of junk or a car in need of serious repair. It is what it is stupid! Go get therapy and quit bugging people who are serious for answers in this forum. You are not entertaining anybody by stoking your ego!!!

[Nativity]

Alabama Lemon Laws apply to new and previously untitled motor vehicles.
[url=http://autopedia.com/html/LemonLaw/AL_lemonlaw2.html]AUTOPEDIA&#174: Alabama (AL) Lemon Law Statutes: Chapter 20A MOTOR VEHICLE LEMON LAW RIGHTS: Definitions, Obligations of manufacturer, Cause of action against manufacturer, Resale of returned motor vehicle, No dealership liability, Statute of limitat[/url]

[Zigner]

Originally Posted by Willlyjo

I call that a Lemon!!

That's the problem.
In a LEGAL sense (we ARE on a legal forum after all), the word LEMON has a very specific meaning. Once you admit that and acknowledge that you erred in your earlier use of the word, you will do just fine

[Zigner]

Originally Posted by JETX

You have NO information as to whether this was a new or used vehicle, so can't determine if it is protected by a 'lemon law' or not.... yet, you claim it is.

Actually, OP did state it was USED.