stop payment

What is the name of your state? Nebraska

I bought a car in South Dakota. 60 miles down the road in quit. Long story short the engine is bad. The buyers guide has a warranty checked on it, but the dealer is refusing to honor it. There was nothing signed by us about a warranty. I want to stop payment on the check. Since the dealer is breaking his contract can we stop payment with out getting into trouble

acesneights41 said:

What is the name of your state? Nebraska

I bought a car in South Dakota. 60 miles down the road in quit. Long story short the engine is bad. The buyers guide has a warranty checked on it, but the dealer is refusing to honor it. There was nothing signed by us about a warranty. I want to stop payment on the check. Since the dealer is breaking his contract can we stop payment with out getting into trouble

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Nope. You can't stop payment on the check without trouble because you got a car. Granted it is not a good car but you can take the guy to court and sue for him to honor the warranty -- what is the warranty by the way -- or maybe even to rescind the contract.

How do I resceind the contract

acesneights41 said:

How do I resceind the contract

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You don't. Ohiogal was NOT correct in mentioning it.
Your ONLY recourse is to try to negotiate something with the dealer and if that fails, to file a lawsuit.

However, based solely on your post, the chance of success in court relies SOLELY on the issue of a warranty or not. You need to read ALL the paperwork and find out if you in fact have a warranty, and if so, what it covers and how to make a claim.
Absent a warranty (and breach), you have zero chance in court.
Why?
caveat emptor
(kah-vee-ott emptor) Latin for "let the buyer beware." The basic premise that the buyer buys at his/her own risk and therefore should examine and test a product himself/herself for obvious defects and imperfections. Caveat emptor still applies even if the purchase is "as is" or when a defect is obvious upon reasonable inspection before purchase. Since implied warranties (assumed quality of goods) and consumer protections have come upon the legal landscape, the seller is held to a higher standard of disclosure than "buyer beware" and has responsibility for defects which could not be noted by casual inspection (particularly since modern devices cannot be tested except by use and many products are pre-packaged).