• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have to leave my vehicle if not paid for?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

shutterscfs

Junior Member
I live in the state of Kentucky and I am moving to Washington State in October. I purchased a truck from a "buy here/Pay here" car lot. I have made all of my payments on time with out a hitch. I want to move back to my home state in order to be closer to my children, so I went to my dealer to make my weekly payment and informed them of my intention to move in October. I told them that I would have to mail my payment to them once a week as agreed. They told me that I could not move with my vehicle unless I paid it off in full before I left!:eek: It is equipped with an ignition interrupt and GPS. Can they legally force me to return or pay off the vehicle before I move?
This is very disturbing and I have never heard of this type of policy before.:confused:

Thanks in advance for your advice,What is the name of your state (only U.S. law)?
 


Did you sign any sort of agreement? If so, Do you have the agreement? What does the agreement say? It seems weird you wouldn't be able to take it to another state until you paid it off.
 

shutterscfs

Junior Member
To be perfectly honest with you I signed several documents. I will get the folder with the copies of the paperwork and look them over to see if I actually signed and agreement of that sort. I never really thought about reading the contract before I signed it. I guess that is my fault, but as usual I was in a big hurry to get the agreement signed so I could return to work from my lunch break.
Anyway I will try to find the document and scan it and post an attachment on my next post, if such a document does exist.

Thanks for your quick response.
 

shutterscfs

Junior Member
Okay here is the deal. I looked through the paperwork that was given to me, which none of the copies are signed and on page 3 of 4 under the heading of "Additional Provisions" there is a statement in the paragraph with the heading of "Use of Vehicle" and it reads as follows:

"You must take care of the Vehicle. You must obey all laws in using it. You must keep the vehicle in your possession at the Buyer's address shown on page 1, unless we approve another address in writing. You may not sell or rent the Vehicle while it is subject to our lien. You must keep it free from the claims of others. You will not take it out of the United States without our prior written consent. You will immediately tell us of any change in your address or the address where the Vehicle is regularly kept. You agree not to add to the Vehicle any accessories, equipment or any other property in which any other person has ownership or security interest."

Now is this actually legal? I mean they didn't even tell me that the odometer was not in working condition when I purchased it, even though they knew about it and gave me an odometer statement when I purchased the vehicle showing the mileage that was on the vehicle prior to the odometer failing. The engine blew up three weeks after I purchased it and they kept it for almost that long while they replaced the motor, and now they have the nerve to tell me that I can't move with my vehicle unless I pay it off first??:mad:

Any advice would be greatly appreciated.
 

justalayman

Senior Member
yes, it is legal. It is so they do not have to chase people across the country to get payments. They are a high risk lender and this is simply one of the rules they use to help minimize their risk.


AlmostALawyer

It seems weird you wouldn't be able to take it to another state until you paid it off.
You really think so? If you could keep the security for your high risk loan relatively close, wouldn't you?
 

shutterscfs

Junior Member
But that is implying that all people are dead beats and that is just wrong. Buyer beware and I will never ever bind myself to any contract that disallows the use of a vehicle that I am paying for in good faith. This is a crock and this should and will be challenged in court. I have never in my life bought a vehicle from anyone that did not allow me to move it to where ever I please. This is a high risk business and they should accept it for what it is and deal with the fact that there will be a certain percentage of defaults, but it screws the consumer when they make petty previsions simply to justify their paranoia. They need to find a different business to get into.
And of anyone agrees to what they are doing is simply out of their minds. Next time I will read the fine print.
 

Proserpina

Senior Member
But that is implying that all people are dead beats and that is just wrong. Buyer beware and I will never ever bind myself to any contract that disallows the use of a vehicle that I am paying for in good faith. This is a crock and this should and will be challenged in court. I have never in my life bought a vehicle from anyone that did not allow me to move it to where ever I please. This is a high risk business and they should accept it for what it is and deal with the fact that there will be a certain percentage of defaults, but it screws the consumer when they make petty previsions simply to justify their paranoia. They need to find a different business to get into.
And of anyone agrees to what they are doing is simply out of their minds. Next time I will read the fine print.

I'm not being snarky, but that's what you should have done before you signed.

It's not their fault you didn't.
 

justalayman

Senior Member
But that is implying that all people are dead beats and that is just wrong. Buyer beware and I will never ever bind myself to any contract that disallows the use of a vehicle that I am paying for in good faith. This is a crock and this should and will be challenged in court. I have never in my life bought a vehicle from anyone that did not allow me to move it to where ever I please. This is a high risk business and they should accept it for what it is and deal with the fact that there will be a certain percentage of defaults, but it screws the consumer when they make petty previsions simply to justify their paranoia. They need to find a different business to get into.
And of anyone agrees to what they are doing is simply out of their minds. Next time I will read the fine print.
actually, you might want to read more loan contracts with banks and credit unions. The buy here pay here guys aren't the only ones including such restrictions in their contracts.
 

Zigner

Senior Member, Non-Attorney
But that is implying that all people are dead beats and that is just wrong.
Why did you buy a car at a buy-here/pay-here place?
Buyer beware and I will never ever bind myself to any contract that disallows the use of a vehicle that I am paying for in good faith. This is a crock and this should and will be challenged in court. I have never in my life bought a vehicle from anyone that did not allow me to move it to where ever I please. This is a high risk business and they should accept it for what it is and deal with the fact that there will be a certain percentage of defaults, but it screws the consumer when they make petty previsions simply to justify their paranoia. They need to find a different business to get into.
And of anyone agrees to what they are doing is simply out of their minds. Next time I will read the fine print.
It's not disallowing your use of the vehicle. It is simply laying out the mutually agreeable terms that you agree to be bound by. Don't like it? Shop somewhere else. Or, perhaps even better...save up and pay cash instead of borrowing their money.
 
Last edited:

shutterscfs

Junior Member
I bought the vehicle because I don't have the credit to purchase a new one, like most of us in this economy I don't have the resources available to me. I bought it out of desperation period.

I have maxed out my resources because I have 64 grand in student loans and no one will extend me the credit to purchase a new vehicle. Does that make me a dead beat? I pay my bills on time every month and that includes the 500 bucks a month for my student loans.

Yes I agree that I should have read the entire contract. I think this falls under the heading of predatory lending and I will make sure I will make it known that this type of an "agreement" is a sham and it hurts the consumer way more than it hurts the dealer. Oh and by the way, they sold me a vehicle that broke down on me two weeks after I bought it, blown engine. Not to mention they sold it to me with out a working odometer that they had full knowledge of and did not disclose it to me when I purchased it. So tell me who is the dishonest one here?
 
Last edited:

Zigner

Senior Member, Non-Attorney
I bought the vehicle because I don't have the credit to purchase a new one, like most of us in this economy I don't have the resources available to me. I bought it out of desperation period.

I have maxed out my resources because I have 64 grand in student loans and no one will extend me the credit to purchase a new vehicle. Does that make me a dead beat? I pay my bills on time every month and that includes the 500 bucks a month for my student loans.
So, by your own admission, you are seriously at risk for defaulting on this loan. Sounds to me like you're one random sneeze away from financial ruin. Dead-beat? No, Very high risk for default? Yep!

Yes I agree that I should have read the entire contract. I think this falls under the heading of predatory lending and I will make sure I will make it known that this type of an "agreement" is a sham and it hurts the consumer way more than it hurts the dealer.
It is no such thing. In fact, I see it as "smart business"
 

shutterscfs

Junior Member
So, by your own admission, you are seriously at risk for defaulting on this loan. Sounds to me like you're one random sneeze away from financial ruin. Dead-beat? No, Very high risk for default? Yep!



It is no such thing. In fact, I see it as "smart business"

No on the contrary I do make enough money to pay for the vehicle, that was never the question. My credit is extended to the point where they feel I could not handle the large payments for a new car.

And if you call that smart business, then I would hate to see what bad business would look like. Look lets just agree to disagree. You obviously are on the side of the dealer and that is okay you have that right, but if you were the one having to deal with this then maybe you would understand my position better.

So lets just leave it at that. I don't have the energy to argue with someone that is not open minded enough to listen. But I did ask for the advice so I have to deal with the consequences of that request.
 

Antigone*

Senior Member
No on the contrary I do make enough money to pay for the vehicle, that was never the question. My credit is extended to the point where they feel I could not handle the large payments for a new car.

And if you call that smart business, then I would hate to see what bad business would look like. Look lets just agree to disagree. You obviously are on the side of the dealer and that is okay you have that right, but if you were the one having to deal with this then maybe you would understand my position better.

So lets just leave it at that. I don't have the energy to argue with someone that is not open minded enough to listen. But I did ask for the advice so I have to deal with the consequences of that request.
Is the "off" button on your 'puter not working:confused:

Pro honey, I'll have drinks for you a little later this evening at the B&G:D
 

Proserpina

Senior Member
Is the "off" button on your 'puter not working:confused:

Pro honey, I'll have drinks for you a little later this evening at the B&G:D


I was actually wondering if Aunt Bunny was going to stop by.

:D


OP, please. It's entirely YOUR responsibility to read things before you sign.

Nobody is on anybody else's "side" here - except the side of the law.

It's ridiculous for you to accuse someone of being on the dealer's "side" simply because you don't like what you've been told.

Honestly, it comes across as the equivalent of 5 year old taking a temper tantrum.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top