Automobile

laws on returning deposit on car

jessy2323 — Fri, 10 Sep 2010 00:12:57 GMT

I had a car 95 that I advertised on Craigslist for sale.I wanted 1200.00 . A man and wife and baby came to see it.I sold it to them for 1000.00, we were to meet and have the title changed today,He called and wants the 200.00 he left to secure the car today back.Do I have to return it...

Won a car and now selling it

SunStormy — Fri, 10 Sep 2010 01:52:15 GMT

A friend of mine won a car and I have few questions about it.

1. In Canada, when you are claiming the car prize are you required to pay the tax for the car? I think not because it is winning prize & not purchased but I wanted to make sure.

2. As a buyer, do you still need a lawyer when buying the new car prize (it is a private sell)?

3. What is the implication to the buyer if the amount in the "bill of purchase" was lowered from the original price purchased? Will the buyer have problem when the s/he in turn sell the car later on?

Thank you for the information.

SunStormy

No Cooperation from Previous Owner

hollandric — Wed, 08 Sep 2010 15:35:40 GMT

I recently bought a car from an individual. The night I bought it, he filled out the section of the title that he was suppose to and signed it. I informed him that the signature was not valid due to it not being witnessed and notarized. he told me that if i had any problems to call him. He gave me the title, keys and I drove the car to my apartment complex. I would call him every other day since day two to set up a time to meet. After almost a week, he finally calls me back and we set up a time to meet the next day. An hour before we were suppose to meet, I called and no answer, an hour later, no answer again. After two weeks of getting blown off twice, the car was towed from my apartment complex. Since I am not the legal owner, there is nothing I can do. Im stuck with a title and keys to a car I dont have. I am also out of money. What are my options?

Delinquency on my credit report

emock — Thu, 02 Sep 2010 19:53:28 GMT

I need some advice. I purchased a car on 5/1/09 which was a Friday. I signed paperwork and all the agreement information. I drove off the lot with my new car on that very same day. I put down cash on the car as well. The car payment on the car that I traded in was due on the 25 of the month. When I purchased my car I asked if my car would be paid off before the due date. They told me that it would. I ended up having to re sign the contract 2 more times because of an error within their financial department that they admitted to. I have an updated contracted sign for the 21st of May, 2009. I was told that the dealer had 30 days to pay off the car note from the time that I purchased the car which again was 5/1, not 5/21. Well apparently the dealer did not pay the old car off until 6/8/09. The financial institution ended up reporting this on my credit report. I contacted the dealership to let them know that I needed a letter to show that it was an error of their own as to why the loan was paid late. They stated it was not their fault and that the contract that they only had was for 5/21. I stated to them that I originally purchased the car on 5/1 and not 5/21 and that they even have the payment that I made which was done via check on 5/1/09 as well which they quickly took from my account and the carbon copies of the original contract. They stated that they will not be held liable for that which clearly they are at fault especially when they are the ones that messed my financial papers up. I also had an issue when them where they allowed my paper tags to expire and wrote an We Owe You to state they will pay any tickets or fines as a result of the dead tags that carried over into June. According to Virginia law they can only issue out 30 day tags and nothing beyond that. I want to know what are my legal rights and what can be done to fix this issue?

Dealership loaners

joee555 — Fri, 03 Sep 2010 01:41:21 GMT

My [vehicle] broke down yesterday and I had my roadside assistance (through my car insurance co.) tow me to my driveway. The tow truck driver said my front axle snapped (front wheel drive). I called the dealership and they sent their roadside assistance tow truck to bring the van to their service center. When I asked about getting a loaner, the receptionist was evasive saying she wasn't sure if they had any available and I would be called in the morning by the service manager.

After no call all day, I called the service manager who told me the van wasn't looked at yet. Maybe tomorrow. I asked him about when I can get a loaner. I was informed that all of their loaners are spoken for, for the next 3 weeks. And then further informed that when there is an issue with a breakdown, they will look at the vehicle in 48-72 hours.

From the experience of the breakdown--wheels not turning, clanking and grinding and the tow truck driver's comment--I have no doubt that it is the front axle. This is covered under my powertrain warranty. I am out of transportation for a dangerously defective part.

Has anyone had an experience like this and would it be within my rights to request that they (either the dealership or manufacturer) foot the bill for a rental? I think it's outrageous that loaner cars are put aside for maintenance clients, while a client with a defective part that renders the vehicle undriveable is told "we can't help you with that." I missing days of work because of this hardship.

Illegal Lien- Is it and What can I do?

LS69 — Wed, 03 Mar 2010 20:54:18 GMT

In May of 06, My now x-bf, found a truck that he wanted for his business. I agreed to get a loan in my name (i know i know-but thats not the topic) and he would make the payments, as well as pay the tax/title/tags on it. The truck he found was at a buy here pay here in another town and his friend at the time owned a buy here pay here locally, His friend purchased it on his behalf and I got a loan from the union. I was at work that day and my x-bf came to pick up the check and signed paperwork for the purchase from his friends BHPH, He went to bring the check to him and pay for the tax/title/tags so the truck would be road worthy. All was fine, so I thought. In June, I received the title from the State which i was expecting the bank to have a lien on it, but to my surprise his friend/business put a lien on the truck. When I confronted him and his "buddy" I was then told that my X BF had signed an agreement with him to pay the $1422 over 3 months PLUS a $500 FEE for a total of $1922.00, the last payment was due in August. I was livid and drove up to the BHPH and gave him a check for the $1422.00 and advised him that the lien was illegal because my x-bf has no financial interest in the truck (the loan is soley in my name) and he could not use my property to hold if HE doesn't pay to an agreement i was not privy to nor signed by me. Needless to say here we are almost 4 yrs later and I am now trying to find a local attorney to rectify this situation and give me advice as to the legality of the lien in the first place. There is more to it now and would be happy to discuss the current situation... HELP would be MUCH appreciated- LS69 (capital district- Upstate NY)

NYS DMV contractual obligations and your straw man

ChilinMIchael — Tue, 31 Aug 2010 22:18:36 GMT

As of late, I have read up on many laws. It very well seems to be the reason the DMV in NYS (and most states from what I have seen) do not print your name correctly and do so in all capitals is so that to create a "straw man" they can try so you have no rights. Also, when you sign with the DMV, you are signing a "contract" which is a lawful contract that is you signing away your rights, here in NYS they try you for anything automotive related in a Traffic Violations Bureau which is an administrative court not bound by normal civil rights. I am currently investigating and asking questions to get the answers, I am also going to amend my signature on my Driver's license with "without prejudice" which is reserving my rights, meaning I do not agree to their contract and reserve my rights to a normal court and trial for any accusation/ticket.

Here is what I wrote to them:

I am wondering why the NYS DMV only prints names in all Capital Letters. I would like to request a new Driver's license with my correct name, *correctly written name* , not a fake straw name " *name in all capitals* ", also, I would like information how to resign my driver's license signature because it's not clear and I also have to amend it with "without prejudice" for legal reasons as I do not fully agree with the NYS DMV Corporation's contractual obligation to the member.

used car nightmare help! do i have any legal claim?

juliek68 — Wed, 01 Sep 2010 00:12:51 GMT

bought a used car as-is and 15 days later the engine blows due to a unwritten non disclosure of aftermarket part on the engine, that i was unaware that if i drove the car when raining it would ruin the engine. Also it was not disclosed to me that this car was used for racing, all motor mounts were completely broken, the exhaust manifold has cracks all over it. They wouldnt let us drive it more than few blocks or look too close at it. i have carfax reports, autochex etc and the odometer is suspisious and doesnt add up. they said they had their mechanic do a 100 point inspection on it but he isnt even a certified ase mechanic. i took them to small claims and what should have been a total win wasnt. they only offered to pay for half my towing when i first asked them to help pay for the new engine. when i picked up the car which i paid cash for, the car stereo that was suppose to come with the car still wasnt in the car, they said they couldnt find it(false advertising) the car was in the exact place they left it when i went to see it the first time, no gas in the car. what customer service this truely was. i never recieved my title to the car i finally had to go get a duplicate. i was also pulled over so the officer said for the tint on my windows and the MODIFIED EXHAUST, and no front plate that i also didnt get with the car and a $total of $919 for the tickets.

so do i have any kind of fight, something is really wrong and fishy here.

Vehicle as a gift.

bookem — Mon, 30 Aug 2010 21:28:43 GMT

In July of 2010, my mother gave me her vehicle as a gift, she is now requesting that I give her back the car. What are my legal responsibilites.

registration

speee1dy — Sat, 28 Aug 2010 11:48:10 GMT

Hello,

Can you have two cars registered in two different states. One registered in Florida and one in Arizona or Maine?? or do they all have to be registered in one state?

vehicle damaged by licensed shop (owner)

charosolo — Mon, 23 Aug 2010 22:19:17 GMT

I'd like to know what type of case is pursued for damage done to my car by a licensed mechanic/shop owner. Mechanic replaced ignition cylinder with new one from dealership. HAD TROUBLE GETTING CYLINDER OUT, SO HE DRILLED IT! (1999 Ford Contour) Two days later, key wouldn't come out of ignition. Mechanic had car all day.....removed new ignition cylinder and replaced it with one he got from his "buddy" who happened to have the same vehicle in his back yard.

Mechanic's reasoning for putting junk ignition cylinder in my car was that the new one wouldn't work. He told me that the steering column behind the ignition cylinder is damaged and the car will need a new steering column. Estimates on replacing steering column with used one is over $500....and, the new ignition cylinder that I paid $110 for is not in my vehicle. (I made mechanic document what he did to my car and I have in my possession the drilled out ignition cylinder and the brand new one.)

NOTE: When I picked the car up (the first time) none of the panel instruments worked - no brake lights, no turn signals, no hazard lights, no A/C or heat or fan.....Mechanic had blown fuses while drilling out the ignition. Curiously enough, he did not drill out the new ignition before replacing it with the junk ignition.?

Any suggestions?

Purchased a car without a driving lincese with a friend.

Lady adams — Sat, 21 Aug 2010 17:16:42 GMT

I bought car with my friend on there wuth me. I was making the payments and wasn't behind and they came a got the car because she said that she didn't want to be on the contract with me. Did they suppose to let me know that she has taken her name off. We have a contract with both our names on it. when we purchased the vechile she asked the dealer could she take her name off the vechile, she stated no because it's a contract. I went to the place and they told me to come backin seven days and I can get the car back and the onlly thing I have to pay is repo fee. Should I have to pay the repo fee and I didn't know what was going on. I was at the place the day before the came and took my vechile. Could I get the money back that i put into the car. They say I can't get it because I have no lincese. They knew that when i got the car, and they let me drove it for almost a year. What do I need to do. Did thet suppose have let me got the car.

Purchased vehicle, just foundout needs new engine!

Bugalito — Fri, 20 Aug 2010 15:55:04 GMT

I purchased a vehicle from a private party a week ago. The owner assured us the vehicle was in great condition. We purchased it and drove home. The passengers window would not roll down so I took it too a dealer. Found out the rod bearing is bad and the vehicle is going to need a whole new engine. Is there anything I can do legally? If so what type of lawyer do I need to contact? Thanks, Sharyn Gooder

Took car to mechanic....parts stolen, did not inform us???

noahsmom — Thu, 19 Aug 2010 22:31:06 GMT

My husband took our vehicle to a mechanic for some repairs. He kept calling and checking in with this mechanic to find out if the repairs were finished and when we could pick up the truck. He kept telling us it was not ready. Yesterday, my husband drove to the shop and said mechanic informed him that parts were stolen off of our Range Rover- wheels, CD player, headlights, etc...Also the truck was not there where it was left. He said it was at his "other" location which we were unaware of. He then told us we were to pay him a storage fee of $1,000 in order to get our truck back even though it was never worked on and completely tore apart!!! The police were no help. How can this be remotely legal? What can we do? Sue him? I am outraged that this could even happen and the police will do nothing. Parts stolen off our vehicle on his property and he never called police to report it...Our truck is nowhere to be found. We have the title, but of course the registration was in the vehicle.

car purchase

kerryholdman — Thu, 05 Aug 2010 23:11:41 GMT

I put a car from a car lot that was a buy-here pay-here. I went to go make my payment and nobody was there and the phone was disconnected. I heard he was going out of business. So I looked up the business on the mo.gov website. The state has dissolved the business. I still owe money on the car. What should I do.

Do I owe this finance charge?

geezerella — Sat, 14 Aug 2010 12:12:05 GMT

In 2006, I purchased a used car from a dealer. The next day, I decided I had made a bad deal, but the dealer refused to take the car back. I called a consumer protection company that was supposed to help with auto purchase problems. They advised me to wait until I found out who was going to finance the car and deal with the finance company. I did not drive the car. When I got a notice that I had gotten financed, I requested the finance company come get the car. I was told (I know, bad choice of words) that I needed to keep the car for three months before the finance company would come get the car. I did not drive the car, I did not make payments. I called the dealership and asked them to take the car back. They refused. I called the finance company and asked them to take the car back. They refused. When the first payment was late and the finance company called, I told them I did not want the car, to come get it. They refused. When the second payment was late and the finance company called, I asked them to come get the car. They did. The only mileage on the car was the 4 miles from the dealership to my house. The finance company sold the car and recouped the actual selling price of the vehicle. They have been trying to collect the difference between the actual selling price of the car and the finance charges ($9,000.00) ever since.

I have not responded to any of the several different collection agencies and have not acknowledged this debt. Today I got a letter from a "lawyer" that is more threatening in tone. I do know that there are "law firms" that deal in debt collection and I'm pretty sure that the next step willl be to take me to court.

Do I actually owe this $9,000.00? I don't have the car, I did my best to get this resolved. I feel like I'm being punished for making a mistake. I'm a 63 year old widow, with no money in the bank, living paycheck to paycheck like every body else. I filed for bankruptcy in 2005 following the death of my husband, so that's not an option.

Got any ideas?

stolen vehicle

bratevaro — Tue, 10 Aug 2010 00:08:07 GMT

my car was stolen and a tow yard picked it up off the street a month after i reported it and towed it to a self service salvage yard and sold it to them with no title, and no legal right to do so!! the car was still on the stolen list!

Vehicle Contracts

Lusker — Thu, 05 Aug 2010 17:41:06 GMT

I purchased a vehicle, signed all the paper work, drove off the lot, recieved the Title (which is in my name and the lenders name) But it turns out the the lender never agreed to lend the money and I am not being financed. do I have to give the vehicle back or is this somehow the greatest opps on the part of the dealership and I have a free car?

contract to purchase signed under influence of meds and

Maureen C — Wed, 04 Aug 2010 18:50:35 GMT

my daughter's partner spent 8 hours at a car dealership, she did not eat and was in a great deal of pain so she took her doctor prescribed medication after which she told the dealership she wanted to test drive the car overnight, they had her sign the forms, she thought to do so. The next day she decided for many reasons that the car was not right for her, the least of is the blind spot is so bad she is afraid to drive it. When she returned the vehicle the dealership told her she signed a contract to purchase and will not take the vehicle back. She lives in SC, is the contract still binding since she was under duress from pain and under the influence of a strong pain medication?

Dealership didn't give me what i purchased

DebraM — Tue, 03 Aug 2010 23:44:45 GMT

I purchased a used vehicle in Oct/2009 from a dealership. Part of the deal was suppose to be the extended warrenty was included. I signed warrenty papers for 60/60 and i have a copy. Shame on me I didn't review the paperwork before i signed, this warrenty cost me over $3,000, so the warrenty I purchased was 60/60. I went to have my vehicle serviced in Mar/2010 at the dealership and explained i was having a problem with my truck (electrical). I was told i had to take it to the dealership the sells my specific brand (Land Rover). I called the warrenty company that i had signed a contract with and they had no record of me or my vehicle. I went to the individual who sold me the contract and he told me he had to change companies. He told me I had to come back in a day or so and he would have the new contract for me, by this point i am not happy. This paticular dealership will tell you anything you want to hear. I picked up the contract and took it home and review it, I have not signed it yet there is a signature there(not mine), looking over the contract it is for 48/48 not the 60/60 I orig. purchased and signed for. I call and spoko to another person who siad he was going to fix the problem for me. I am still waiting, numerous calls and nothing. I finally called the dealerships head quaters and they gave me the owners name so I can get this issue resolved. I have tried to reach the owner many times and have left a message,still nothing. I am at my wits end and don't know what to do next. There are many ways to go (Better Business berau, Consumers Affairs, Small Claims Court, ect.) I have been very patient and have not bashed the dealership or the people the work there. I am trying to be as civil as possible. I just want what i purchased 60/60. Can someone please help

[Company's] Hidden Charges!

jhayes — Mon, 26 Jul 2010 15:43:22 GMT

Ok.

I am writing to hopefully discover the legitamcy of my claim. Long story short, I am being charged a fee of $389 that I was never told about. Now, I am being bullied either to pay $389 and pick the car up or pay $1600 and have the car fixed by a company which I no longer wish to financially support. On top of that, every day three days from now I will be charged a storage fee.

So, here's the story:

Tuesday, July 6th, I had my car picked up from [a company] and towed to [a transmission company]. They informed me that they looked at transmissions for free. Throughout the week, I continued to call for updates but with no success. Finally, on Wednesday, July 14th, [the company] said that they had a chance to look at the car. To my surprise, they told me that nothing was wrong with it, stating that someone drove it around for more than half an hour and it seemed fine. At that point, I told [Joe], the manager, that I had already paid [the first company] to tell me what's wrong with it and that I only towed it to [their establishment] to receive a better price, being that they had fixed my transmission twice in the past. He said they'd take another look at it, and then proceeded to ask me for the last four digits of my SS# before hanging up.

On Monday, July 19th, [Joe] informed me that they had discovered the problem and that he would work with [name removed], the owner, on pricing. The next day, Tuesday, July 20th, he said that [the owner] submitted a quote of $1600 for repair. I told him at that time that I was unsure if I could afford it. I had called a nearby [company with the same name] before having it towed and they had quoted near $600, so the increase in cost was a surprise. I said that I would call him back and let him know what I was able to do, and to not begin any work on the car. The following day, Wednesday, July 21st, I called [the manager] and told him that I would have the car towed in the morning back to my house because I simply could not afford to replace the transmission a third time in a 2003 Ford Taurus for nearly $2000. I just didn't have the extra money. At that time, he informed me that in order to have the car released, I would need to pay $389 for having them look at the car.

So this is where the issue began. If you remember, I was originally told that [this company] looks at transmissions for free. However, [the manager] says that by giving him the last four digits of my SS#, I gave authorization to take my car apart, which is a standard charge of $389. He also stated that the fee is only to take the car apart, he was waiving the fee to put it back together for my benefit. As of Friday, the car was still apart and I have been told that additional charges will be added three days after they have put the car back together for each day that it remains at their shop.

I have an interest in suing in small claims court on grounds of an illegitimate oral contract. I have a receipt of $89 that I paid to [the first company] to look at my car. What I've tried to explain to [the mgr & the owner] is that I had a similar issue with [the first company], wherein they lowered the cost to near $50, for looking at my car and not being able to afford to have it repaired. Why on earth would I authorize another repair shop to look at the same car the very next day for almost 4x as much money? It makes absolutely no sense. I would never.

Anyway, do you think I have a shot? I've read that it would be difficult for them to prove that an oral contract existed. Any witness on their behalf would be an employee, which has a direct interest in the case. However, the employees of [the first company] are willing to state that they had already discovered what was wrong with the vehicle and that I could not afford to have it repaired at their price.

Please let me know ASAP. I am running out of time.

Vehicle seller smog check debacle! CA

KentV — Mon, 02 Aug 2010 21:09:16 GMT

Hi.

I bought a truck and I offered the seller to take the truck to get it smogged (but never meant to pay for repairs). It did not pass smog and the repairs could be in excess of $1000. Unfortunately I signed a bill of sale saying that I am "responsible for getting the truck smogged". I realize this was foolish. The seller now refuses to pay for the smog because of what I signed.

I know it is the sellers responsibility to get a vehicle smogged so my question is: Does a seller not have to abide by California law because of a paper I signed? How would a judge decide the matter? Thanks much

Can I get my car back?

heathers — Wed, 28 Jul 2010 12:28:34 GMT

I bartered my car with someone in exchange for some work around the house. The car had a blown engine and did not run. We drew up a contract, issued a bill of sale, and stupidly signed over the title. It's been 6 weeks now and the guy has not gotten back in contact with us. He has avoided our calls. I sent a certified letter, which I know he received. Still no word from him. Do I have a case to be able to get my car back?

Wife letting daughter drive car which she is not covered to

Debbie Graham — Thu, 29 Jul 2010 21:15:22 GMT

I'm writing this for my brother. His wife is letting her daughter (not his), drive her car even though he has told her repeatingly that she is not covered to drive the car. He will be responsible for whatever she does but the wife doesn't care.

My question is, is there something he can tell her or threaten her with (not really going through with it) just to scare her? He will lose everything cause his wife doesn't contribute to anything in the household. Her money is her money and gives most of it to her 2 grown children instead of helping with their 9 year old and the house bills. So if the daughter has an accident, he will lose everything, house, cars. The daughter already did damage to the front passenger side bumper and she had her own accident several years ago with her car. She hasn't had her own car since and doesn't even have a job.

There has to be something he can do to put a stop to this. He works 3rd shift so he can't watch the car at night when he's in work.

Thanks for any help in this matter.