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Dealership is a joke

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Kristy Cacchion

Guest
What is the name of your state? Ohio

The dealership I went to is a buy-here-pay-here lot as well as a financing lot. The first car I bought was crap. I spent half of the car's worth in repairs. I finally had enough and they got me approved for financing a newer car. This car is proving to be crap too. I have had it less than a month and it won't start, there is knocking noise when I turn, the brakes pulse, and the driver's side seatbelt stopped working. They claim they can't find anything wrong. When I threatened that I took it to a Saturn dealership and they gave me a printed sheet of all that was wrong, they started to panic. Just talk to the owner, the mechanic said and we can see what we can do. I spent $75.00 to find out what my dealership said wasn't a problem, was a problem. Also, the price they sold me the car at was over $1000 the book value and they lied on my application. They are telling other customers that I lied when it was them, they are tainting my reputation. I have contacted the BBB but have not heard back yet. What are my rights? I'm pissed!
 


I AM ALWAYS LIABLE

Senior Member
Kristy Cacchion said:
What is the name of your state? Ohio

The dealership I went to is a buy-here-pay-here lot as well as a financing lot. The first car I bought was crap. I spent half of the car's worth in repairs. I finally had enough and they got me approved for financing a newer car. This car is proving to be crap too. I have had it less than a month and it won't start, there is knocking noise when I turn, the brakes pulse, and the driver's side seatbelt stopped working. They claim they can't find anything wrong. When I threatened that I took it to a Saturn dealership and they gave me a printed sheet of all that was wrong, they started to panic. Just talk to the owner, the mechanic said and we can see what we can do. I spent $75.00 to find out what my dealership said wasn't a problem, was a problem. Also, the price they sold me the car at was over $1000 the book value and they lied on my application. They are telling other customers that I lied when it was them, they are tainting my reputation. I have contacted the BBB but have not heard back yet. What are my rights? I'm pissed!

My response:

Ohio's "Lemon Law" does not cover used vehicles unless the vehicle was still under manufacturer warranty at the time of your purchase.

The problem here is that you failed to "research" the facts before you bought the car; i.e., you discovered later that the vehicle was sold "overpriced" to you; and, that the vehicle had mechanical problems.

Prior to your purchase, you could have said to the dealer, "I would like to have this car inspected before I buy it." But, you didn't - - it was only later, and $75.00 poorer, that you decided to have the car inspected. That was too late, and you put the cart before the horse in this matter. It's unfortunate, but you bought the car apparently without warranty or recourse - - unless you can prove "fraud."

As a result, and only based upon your facts as related above, this is a sale which is controlled by "Caveat Emptor" - - "Let the buyer beware."

IAAL
 
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K

Kristy Cacchion

Guest
reply to last posting/lemon law

You said that the Lemon Law would only apply if the vehicle was still under warranty, it is still under warranty. Also, would I be wasting my time and more money if I did a check on the vehicle? There were eight records I found that would tell me if this car was in a major accident or had major work done to it, before I bought it. Isn't the dealership supposed to inform you of these things by law? What about the slander issue, can I do something about them lying to other customers about me?

Thank You
 

JETX

Senior Member
Kristy, let me try to clarify this....

1) You have an obligation to educate yourself on any product you purchase. This principal in law is called "Caveat Emptor", which simply means "Let the buyer beware". This means that YOU have the responsibility to check the vehicle out and if it winds up being a POS (as yours sounds) that is YOUR fault. Now, this principal doesn't apply in the case of fraud, as in the dealer telling you things that are untrue. You make no mention of any claims made by the dealer as to the vehicles condition, so you simply allowed yourself to get taken and the dealer has no responsibility. I know that is hard to take... but it is the fact.
As pointed out by IAAL, you had the opportunity (in fact almost the OBLIGATION) to have the vehicle inspected by YOUR mechanic BEFORE the purchase. You apparently opted to not do that (maybe you will next time).

2) Now, lets look at the Ohio 'Lemon Law'.
Here is a KEY excerpt from the law:
"Section 1345.72
(A) If a new motor vehicle does not conform to any applicable express warranty and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the period of one year following the date of original delivery or during the first eighteen thousand miles of operation, whichever is earlier, the manufacturer, its agent, or its authorized dealer shall make any repairs as are necessary to conform the vehicle to such express warranty, notwithstanding the fact that the repairs are made after the expiration of the appropriate time period."
Here is a link to the Ohio AG's site on Lemon Law:
http://www.ag.state.oh.us/agpubs/lemonlaw.htm

In reading the Code, it is clear that a claim must be made to the ORIGINAL manufacturer (not your used car dealer) within 12 months of delivery or 18,000 miles, whichever is earlier. So, unless your car meets the time/mileage requirement, you have no protection under the Ohio Lemon Law.

Now, lets get back to your questions:
Q1) "The dealership I went to is a buy-here-pay-here lot as well as a financing lot."
A1) That should have set your alarms off!! These types of car lots are the source of every 'car salesman' scam in the world. In fact, if you were to check the titles of the cars on their lot (at least the ones that are titled) you will probably find that most of the cars are 'repeats' (sold, then repo'd, then resold, etc.).

Q2) "The first car I bought was crap. I spent half of the car's worth in repairs. I finally had enough and they got me approved for financing a newer car."
A2) If you had any alarms at all, they should have been screaming by now. The dealer sells you a POS and you return for more!!! Why didn't you run, no walk, away from this dealer... you already knew what he was???

Q3) "This car is proving to be crap too."
A3) Should we be surprised here?? Not!!

Q4) "I have had it less than a month and it won't start, there is knocking noise when I turn, the brakes pulse, and the driver's side seatbelt stopped working."
A4) Not only does the lemon law not apply here, but unless the seller gave you some type of warranty, his liability ended the minute you turned the key in the ignition!!

Q5) "They claim they can't find anything wrong. When I threatened that I took it to a Saturn dealership and they gave me a printed sheet of all that was wrong, they started to panic. Just talk to the owner, the mechanic said and we can see what we can do."
A5) Personally, I doubt that they 'started to panic', since they have ZERO liability to you. Sorry, but you probably misunderstood their laughter as panic.

Q6) "I spent $75.00 to find out what my dealership said wasn't a problem, was a problem."
A6) That $75.00 would have been better spent having a mechanic look at the car BEFORE you purchased this 'trot line weight'.

Q7) "Also, the price they sold me the car at was over $1000 the book value"
A7) Sorry, you got this one reversed. You should have said, "I agreed to pay $1,000 more than I should because I hadn't researched ANYTHING when I walked in". And the dealer has NO obligation to any sales price... book or otherwise. His only obligation is for YOU to pay as much as you will for his car... and he succeeded.

Q8) "and they lied on my application. They are telling other customers that I lied when it was them, they are tainting my reputation."
A8) How did they lie?? What actual damages have you suffered from this?? Who did they tell this to?? How was your 'reputation' before you did this 'deal'??

Q9) "I have contacted the BBB but have not heard back yet."
A9) Sorry, but they are probably laughing too hard to call you back. Give them some time to calm down first.

Q10) "What are my rights? I'm pissed!"
A10) You have already exhausted your 'rights'. You had the right to be a knowledgable buyer (and didn't). You had the right to have the vehicle inspected (and didn't). You had the right to walk away because their price was too high (and didn't). You now have the obligation to pay for your errors... or suffer the consequences of breach and possible repossession. And guess what... that same car will be back on the lot a few hours after it is repo'd!!

Now, to your later post:
Q11) "You said that the Lemon Law would only apply if the vehicle was still under warranty, it is still under warranty."
A11) Maybe, but do you qualify under the time/mileage requirement.

Q12) "Also, would I be wasting my time and more money if I did a check on the vehicle?"
A12) After the sale, yes. Should have done this BEFORE signing the agreement (contract).

Q13) "There were eight records I found that would tell me if this car was in a major accident or had major work done to it, before I bought it. Isn't the dealership supposed to inform you of these things by law?"
A13) No. The dealer has NO obligation to tell you these things..... unless you ask. Did you?? If you did and the dealer says, "Honey, don't you worry... this is a cherry car", be sure to get him to put that in writing.... and to have the authority to do so!!

Q14) "What about the slander issue, can I do something about them lying to other customers about me?"
A14) See A8. And, if you do think you can go after them.... reality check!!! You will need a few thousand dollars to hire an attorney (no one would take this one on contingency!!), then wait a year or more while this wends its way throught the system, only to have the judge laugh and say, "Case dismissed due to lack of sufficient evidence and proof of damages".
 
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PASt Patience

Guest
Y'all may laugh at this - but it worked for me.

Hubby and I bought a van at a buy-here-pay-here in Ohio. I knew it wasn't the wisest thing to do - but it was the only thing we could do at the time.

3 days later, it died while we were driving there. (about 2 blocks away)

This was our only vehicle, so I immediately envisioned both of us missing work - and well - went a little hysterical.

Before the owner came up - I was in front of his doors absolutely sobbing, and potential customers (about 15 in all) were around asking me what happened. It was the water pump. The dealer said his people couldn't fix it - but if I got it fixed and presented a receipt, he would deduct it from the amount owed. (Which he did.) He also gave us a loaner to use for free until we could save up the money to fix the van (we'd given all our extra to him in a down payment 3 days earlier, and he knew it).

All in all I think he was really sorry about it - but deep down, if I hadn't been potentially turning a lot of business away - who knows where I'd have been.
 
B

black and proud

Guest
Re: Re: Dealership is a joke

I AM ALWAYS LIABLE said:



My response:

Ohio's "Lemon Law" does not cover used vehicles unless the vehicle was still under manufacturer warranty at the time of your purchase.

IAAL
So if I buy a Kia with a 10 year/ 100,000 mile warranty the law applies longer than if I get a Honda with a 5/ 60,000 warranty. Sounds logical.....:rolleyes:

So what happens if I buy the extended warranty? I guess I could possibly end up with a 12 year old "lemon".
 

JETX

Senior Member
Re: Re: Re: Dealership is a joke

black and proud said:
So if I buy a Kia with a 10 year/ 100,000 mile warranty the law applies longer than if I get a Honda with a 5/ 60,000 warranty. Sounds logical.....:rolleyes:

So what happens if I buy the extended warranty? I guess I could possibly end up with a 12 year old "lemon".
Further proof that you are dumb as a rock.... if you would take the time to read the post, it clearly says, "it is clear that a claim must be made to the ORIGINAL manufacturer (not your used car dealer) within 12 months of delivery or 18,000 miles, whichever is earlier. So, unless your car meets the time/mileage requirement, you have no protection under the Ohio Lemon Law."
What part of that do you NOT understand??? Maybe you could hire mike tyson to translate for you. (Yes, I purposely did NOT capitalize his name!).
 
B

black and proud

Guest
Re: Re: Re: Re: Dealership is a joke

Halket said:


Further proof that you are dumb as a rock.... if you would take the time to read the post, it clearly says, "it is clear that a claim must be made to the ORIGINAL manufacturer (not your used car dealer) within 12 months of delivery or 18,000 miles, whichever is earlier. So, unless your car meets the time/mileage requirement, you have no protection under the Ohio Lemon Law."
What part of that do you NOT understand??? Maybe you could hire mike tyson to translate for you. (Yes, I purposely did NOT capitalize his name!).
I'm poking fun of I AM ALWAYS LIABLE's reply you retard. HE'S the one that said it depends on the factory warranty. Did you notice that I used the quotation feature? Read the part where it says "originally posted by I AM ALWAYS LIABLE".
 

JETX

Senior Member
Black and dumb:
Doesn't really matter what you are 'trying' to do... you are incorrect and your assumption is faulty. Your posts are of NO value to the original writer and are meant just to be disruptive (or to show how dumb you really are).

Go back under your rock... Plifter and all your other inane forum names. Do you remember that little 'warning' email you just got?? Don't abuse it or you will find your voice to be an empty echo!
 
B

black and proud

Guest
Halket said:
Black and dumb:
Doesn't really matter what you are 'trying' to do... you are incorrect and your assumption is faulty.
Uhh. you really don't understand this situation do you? Let me clarify:

I AM ALWAYS LIABLE mistakenly stated that Ohio's lemon law only applies to vehicles under factory warranty when in fact it only applies for 1 year or 18,000 miles. I'm poking fun of this because IAAL claims he's head of a law firm but he can't even properly cite Ohio's lemon law. Do you now comprehend?
 

JETX

Senior Member
Yes, I 'comprehend'. That is why I said, "Your posts are of NO value to the original writer and are meant just to be disruptive (or to show how dumb you really are)."

Or do you need Tyson to translate that for you also.

Either post of relevance... or don't post. You are wasting everyones time with your inane attempts at "Oh yeah, so's yours" posts.
 
L

legaleagle74

Guest
halket, you know your stuff, but you come off cockey-calling people "dumb" just because they don't have a copy of Ohio's lemon laws beside their computer is dumb, not black and proud.


Some people do not have the credit to skip on a brand new car lot and qualify for a top notch car, sad but true, that is the reality of it, like it or not.


I think it's unfair that people buy these vehicles and get the shaft, but I guess when you mess your credit up, that's what you
your reduced to.

So if your going to give advice, give advice, do not riducule people just because they don't know the laws. That is why they are here to learn, ok?
 

I AM ALWAYS LIABLE

Senior Member
My response:

Legaleagle, you're too new here to the site to know what has gone on in the past with "Black & Proud" aka "plifter." Everyone else here knows he was a pain in the butt, and no matter whether he changed his board name, it was always the same, argumentative, bull crap.

Let me give you an example of the stuff we had to put up with during his time as "plifter" and then you tell me - -

"Sometimes I like to jack off while I'm driving and the tinting gives me a bit of privacy."
- - By member "plifter," February 24, 2002

"Odds are the retarded cop won't show up to court."
- - By member "plifter," May 13, 2002

"Tell me, when you see a black person driving an expensive car don't you immediately assume it's been stolen?"
- - By member "plifter," June 20, 2002

Referring to himself, plifter said, "The black man is ticketed again!"
- - By member "plifter," June 24, 2002

Referring to himself, plifter said, "That sheriff just decided to check out a "nigga" to see what he was up to."
- - By member "plifter," June 25, 2002

"I wish I had some legal advice for you but I only have experience with traffic court (I seem to find myself there frequently)."
- - By member "plifter," July 20, 2002

Plifter is a Black racist who comes here to spout off about how he is constantly being stopped by White cops. With the above quotes, is it any wonder?

Now, run a search using that name, and check out his posts.

IAAL
 
L

legaleagle74

Guest
maybe your right, I didn't take the time to check his previous posts, and had no idea he changed his board name.


thanks for the FYI!

legaleagle74
 

JETX

Senior Member
LegalBeagle said, "halket, you know your stuff, but you come off cockey-calling people "dumb" just because they don't have a copy of Ohio's lemon laws beside their computer is dumb, not black and proud."

So, now that you know that you were posting a comment (only two months late), without ANY knowledge of the facts.... and are now 'brought up to speed', can you guess what the mature (and polite) thing would be to do.....??
 

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