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Asked 2/10/2012

My car has been in repo for over 16 months. I still have possession

The dealer did not tell me when i bought my 2004 qx56 that at 55,000 it had been involved in a front end crash. They gave me a clean car fax and sold it to me for $34,000. I put 5k down. first month i needed a new raditor and cover. Subsequently every 8 mo i needed a new radiator. My warranty company refused to pay for the 2nd-4th one. My dealer deemed my suv unrepairable after 3 years of payments and $6300 in repairs. I stopped paying. First repo guys came but eventually stopped. I wanted to drive my 5K out and figure out how to sue. My dealer did not tell me the previous owner had put stop leak in the engine to mask the damage from his crash and the air compresser was dented (anthoer $1500 repair)I had to change the catyllittc converter (sorry sp) and after 16 months and $8,000 in repairs. I have paid the principal pymt on the car but still owe the interest. I have always paid for everything I bought. I am $34,000 in on a car that is good but not work the $17k the bank still wants me to pay. I have not been contacted in 8 mo at all by the bank. I want to sue the dealer for fraud since the Dealers on records (Car still under warranty when sold to me) showed all wreck and damage information. They knew the whole time. Lemon says only cars with 8k miles or less are covered. I donot want to pay five more years for a new car but, I am really tired of living like this. What should I do? I really feel violated and disrespected. I should have a tangible assest after spending all $

 
 
 
 
Answers

Answer 1/2 - Submitted 2/10/2012

You should have sued them when you first found out about the damage they purposefully did not disclose. What state are you in and just how long ago did you buy the car?

 
 

Answer 2/2 - Submitted 2/10/2012

It is a real bad situation but not that uncommon. Used cars generate plenty of transactions that people wish they could get out of. The used car industry has fine tuned its operations over the years to protect the dealers from unhappy consumers.

It's always necessary to have a professional you are paying inspect a used car before you buy it. Chances are a certified mechanic would have detected some of these problems and recommended you pass on this purchase.

The dealer is not legally responsible to you for things they did not do to the car. The dealer does not inherit the history of the car. You assume because the car was a lemon the dealer knew and that makes them liable. You are wrong and you will likely lose your lawsuit and be sued for damages.

There is a lot of case history about used car sales. Invest in some research before you make yet another costly mistake. Remember all the laws to protect consumers are dealing with new cars, used cars is a different issue all together.

The money owed on the car is the money of a third party, given to the dealer on your behalf as a loan. It does not matter to the lender what happened with the car whatsoever, you still owe the money.

I agree with IMHO that you let this go on too long. This time gone by will only serve to worsen your position.

I think you should hire an attorney and try to negotiate with the bank and dealer to settle this matter as soon as possible.


 
 
 
 
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