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Need your advice:bad used car dealer

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arnz

Junior Member
What is the name of your state? NY

First time posting, sorry for the long post

OK, here's the story. I just started dating this girl, and she told me that she had bought a used car a couple months ago from a used car lot for 5000 dollars. Not three days after she bought it, the car made some really bad noises, and was lunging or chugging (her description). Anyway, she took it back to the dealer to get fixed. Its been 2 months and the dealer kept promising every week that it will be ready by next Monday. Well that was 8 Mondays ago.

when contacted on the phone, he has his secretary put her on hold for hours (yep, literally, she said). He is always out of the office. He wont even tell her where the car is. when she demanded to know She has tried to contact him numerous times, and the rare occasion he answers, its always a promise that it will be ready by monday.

Needless to say, she is clueless about cars and this was the first time buying used, so she is at fault too for not having the car checked out. But isnt the lemon law supposed to protect people like her?

Question : is the dealer refusing to say where the car is considered theft? after all it is her property and he is evading everytime she asks where it is. My fear is they are putting mileage on it and then claim there was more than 3,000 (or 6k?) miles on it and is voided warranty. I dont think anybody can put 3000 miles in the sole 3 days she had possesion of the car. And it is registered and insured under her name and she doesnt even know where the car is. And 2 months should have been more than enough time to fix anything if he was really gonna fix it

Well this has never happened to me, so I hope I can give her advice, maybe somebody here has dealt with bad used car dealers.
 


BL

Senior Member
Tell her to go down there instead of calling and demand an answer as to what's going on .

Also find out if the dealer is the one supposedly repairing the vehicle , or it has been sent out , and where .

http://72.14.205.104/search?q=cache:cw8qTl8mVCMJ:www.courts.state.ny.us/ea/ResourceCenter/small-claims/small-claims-guide_2005.pdf+small+claims+limit+in+new+york+state&hl=en&ct=clnk&cd=2&gl=us

Small claims limit in City Courts are $5,000.00 , and $3,000.00 in towns and villages .

She might also call her local Office of Attorney General's Office of Consumer Affairs for advice , or to file a formal complaint , along with the BBB . Do this before the warranty expires to protect the rights .

BTW this is not considered under the lemon law .
 

RuGa

Member
Where's my car??!!

Tell her to go down there instead of calling and demand an answer as to what's going on .

Also find out if the dealer is the one supposedly repairing the vehicle , or it has been sent out , and where .

http://72.14.205.104/search?q=cache:cw8qTl8mVCMJ:www.courts.state.ny.us/ea/ResourceCenter/small-claims/small-claims-guide_2005.pdf+small+claims+limit+in+new+york+state&hl=en&ct=clnk&cd=2&gl=us

Small claims limit in City Courts are $5,000.00 , and $3,000.00 in towns and villages .

She might also call her local Office of Attorney General's Office of Consumer Affairs for advice , or to file a formal complaint , along with the BBB . Do this before the warranty expires to protect the rights .

BTW this is not considered under the lemon law .
I would NOT go down there to demand anything! Go to your local Police Dept. and ask to speak with an officer regarding property which you own and explain 'the facts' (i.e. the car was bought, broke down immediately, was taken in for repair work and now a no-show) not yours or anyone else's 'assumptions'.
They are there for a reason and should be more than willing to help you recover your property.
As all this will go into a Police Report, it can be used as evidence in any criminal or civil proceedings which you may follow...
 

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