Used car frame rot

[jamesgundlach79]

I bought a used car with frame rot that wasn't disclosed to me. I took the dealership to small claims after being continuously ignored. Dealer agreed he owed me a refund and at court we signed a document on how the refund would happen. He would refund me under the provisions that I give the car back, the keys, the title and remove a negative review on google.

Today they came down and had me sign an additional "buy back agreement " form stating I could not file a complaint against them with the BBB or town hall. Is this legal or a breach of the contract we agreed to at court? I was not given a copy of this form either.

 

[Just Blue]

I bought a used car with frame rot that wasn't disclosed to me. I took the dealership to small claims after being continuously ignored. Dealer agreed he owed me a refund and at court we signed a document on how the refund would happen. He would refund me under the provisions that I give the car back, the keys, the title and remove a negative review on google.

Today they came down and had me sign an additional "buy back agreement " form stating I could not file a complaint against them with the BBB or town hall. Is this legal or a breach of the contract we agreed to at court? I was not given a copy of this form either.

What state?

 

[jamesgundlach79]

What state?

Sorry, Massachusetts

 

[adjusterjack]

Today they came down and had me sign an additional "buy back agreement " form stating I could not file a complaint against them with the BBB or town hall. Is this legal or a breach of the contract we agreed to at court? I was not given a copy of this form either.

Jeez. You already signed it. It's too late to question it.

Be happy you got your money back.

1 - Stop going to fly-by-night dealers.
2 - Have any car inspected by a mechanic before you buy it, including putting it on a lift where a rotting frame would be easy to see.

 

[Just Blue]

Sorry, Massachusetts

Did you buy it from one of the dealers on the Lynnway?

 

[jamesgundlach79]

I already signed an agreement at court, this new form they wrote up was not originally agreed upon, so I dont know if it's a breach of the original agreement signed at court or what. I met all the agreed upon provisions to get my money back so I don't understand why they forced me to sign this new form of theirs or if they had a right to do so and if I didn't i wouldn't get my money back.

 

[jamesgundlach79]

Did you buy it from one of the dealers on the Lynnway?

Bought it from a dealership in attleboro

 

[PayrollHRGuy]

Was the agreement that you signed "in court" ordered or was it a settlement? Did they sign anything "in court"?

 

[jamesgundlach79]

Was the agreement that you signed "in court" ordered or was it a settlement? Did they sign anything "in court"?

It wasn't court ordered, we were there to see the magistrate but I agreed to settle instead. I'm assuming they didn't want to get in more trouble. They have a bad history including screwing over a judges relative. I had a ton of evidence against them, pictures, text, including evidence the car should have failed inspection.

The form at court was a release form stating the provisions to getting the money back, the date which was today, and we both signed it. This new form was of their own that included new things not originally agreed on in the court form.

 

[jamesgundlach79]

They called it a buy back agreement form. Made it seem like I wouldn't get my money as agreed upon if I didn't sign it.

 

[Just Blue]

It wasn't court ordered, we were there to see the magistrate but I agreed to settle instead. I'm assuming they didn't want to get in more trouble. They have a bad history including screwing over a judges relative. I had a ton of evidence against them, pictures, text, including evidence the car should have failed inspection.

The form at court was a release form stating the provisions to getting the money back, the date which was today, and we both signed it. This new form was of their own that included new things not originally agreed on in the court form.

You shouldn't have signed it.

 

[PayrollHRGuy]

You didn't answer the second question? Did THEY sign anything?

If they didn't you can sign what they want, get your check and get own with your life OR you can take them back to court.

 

[jamesgundlach79]

They signed the paper at court. I dont know if they signed their document they had me sign. They didn't in front of me and didn't give me a copy.

 

[Just Blue]

They called it a buy back agreement form. Made it seem like I wouldn't get my money as agreed upon if I didn't sign it.

They scammed you. They still would have had to give you your money. Mass has perhaps the strictest Lemon Laws and Consumer Protection Laws in the country. Next time you buy a car make sure it is fully inspected by a trusted mechanic.

 

[jamesgundlach79]

Court paper was only for giving them the car, keys, title and removal of a negative review. That was it. Nothing about Cant file a complaint. Their buy back form includes the cant file a complaint but refusing to pay me if I didn't sign would be a breach of what we agreed on in court