Bought car at dealship, now they want to sue me???

#43
Courtesy of LemonLaw.com...

FAQ's:

I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?

No. Problems can occur immediately, but if you are interested in opening a Ohio Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager. We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary) but it does make your case move along smoother. DO NOT JUST DROP OFF YOUR CAR AND KEYS AT A DEALER AND SAY "I DON'T WANT THIS CAR ANYMORE." THEY COULD COUNT IT AS A VOLUNTARY REPOSSESSION AND IT COULD NEGATIVELY AFFECT YOUR CREDIT! IF YOU ARE HAVING PROBLEMS, CONSULT A CONSUMER ATTORNEY, BE IT US OR SOMEONE ELSE.



Are used cars covered under the Ohio Lemon Law?

No. We represent used cars consumers under the Magnuson Moss Warranty Act. As mentioned earlier, this law, which provides the same cost-free representation as the OH Lemon Law, protects consumers with used cars who have repeated problems under an original or extended manufacturers warranty.
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#44
Killer50stang said:
You’re wrong. He tried to screw me. I owned it less than 24 hours and the rear windows were broke, I paid out of my pocket $270 the first day of owning. Then the transmission fails to shift properly after 2 weeks. I took a $2,000 loss with his check and owned it less than a month. Take me to court, I will counter sue and win. I offered to take car back and he refused even though law states that dealership has to take cars back new/used within if customer has major issues within a short period of time by Lemon Law of Ohio which is the strictest Lemon Law state. Good Luck to the stealership. Yeah, most dealerships don't test all the power functions when they buy a car; this is why he's screwed. He wrote the check and still thinks the tranny isn't bad. So why did he write the check? Calls me months later and wants a receipt? Idiot, I don't owe him anything or any explanation, it's sold, it's gone, good luck with that. He also wanted the buyers Name and number, got a warrant? I also found that all fluids were low, including coolant, and oil. I'm not going to take $10,500 up my rear because he wants to screw me, I’m not a woman. Unfortunately, I know a lot about cars and liked this on looks but couldn't work on it due to special tools needed since it was a foreign car. Same goes for BMW's, Mini Coops, etc. I say, take me to court and waste more of your money. I have the mechanic to back me up and witnesses that will appear in court to prove this and all reciepts that came out of my pocket. Main question is, why is he calling me now? Why not months ago or a week after I got the check? Someone spilled the beans that I sold it and now he's pissed. Too bad too sad. Got money to waste?
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Okay, so what would you say if you went to Best Buy and bought a 56'' plasma tv for $3200 and they didn't give you a receipt? You would demand one, for your own consumer safety incase of a problem, right? Well, think of it this way. The dealership wants proof that you had your transmission fixed JUST IN CASE you get into an accident because " the transmission malfunctioned" and it's the big bad dealerships fault. They can say that they reimbursed you your money to have the transmission repaired it's the shops fault who did the repair.

The dealership paid YOU to go have the transmission repaired. You didn't get it fixed, but kept the money. So far, you're the only crook I see in this scenario. You are the one who bought a car with a decent amount of miles without actually purchasing a used car extended warranty. You can complain that you had a window issue immediately, but you have no ground to stand on. You signed a Buyer's Order with no 30 day warranty or anything. It's just as much your responsibility to check the power functions before buying a vehicle. I personally have seen power windows work today and not tomorrow. It's how it goes, deal with it. Again, I feel you have no ground to stand on and you owe the dealership a receipt or a check, your choice. Good luck.
 
#45
your not in the wrong and you won't get sued

Your not in the wrong.
You were paid to be made whole again, period. What you do with the $$ is up to you. You are being compensated for a loss.

Dealership is threatening to sue you simply as an offensive maneuver to keep you from suing them.

Sleep well tonight, nothing to fear. Sorry to hear about your troubles but just move on, no one will chase you down.
 
#46
bcmbcmbcm said:
Your not in the wrong.
You were paid to be made whole again, period. What you do with the $$ is up to you. You are being compensated for a loss.
.
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Again, this is not a car insurance claim and does not work that way. Try that with a new car warranty and see what happens.

NJ used car lemon law.
Based upon the selling price, model year, mileage and price negotiations of a used motor vehicle purchased from a New Jersey dealer, you may be entitled to a limited warranty on such vehicle. If, within the duration of such warranty, there is a repeated defect of a "covered" system, you may be entitled to a refund of the purchase price paid for your vehicle.

NJ used car warranties by mileage
1-24k miles, 3 months or 3000 miles
24k to 60k, 2 months or 2000 miles
60k to 100k, 1 month or 1000 miles
 
#48
To those of you who think he is in the right:

As stated, this is nothing similiar to an insurance claim. He is not being "compensated for a loss". He lost nothing during the ordeal with the transmission. Infact, even if he had repaired it and still paid his half, he was still ahead of the game. What if they didn't offer any warranty? He would've been stuck with a broke transmission and no leg to stand on.

Question to the OP... did you disclose the transmission issue to the buyer?
 
#50
your just wrong

iLkYsPoNy said:
To those of you who think he is in the right:

As stated, this is nothing similiar to an insurance claim. He is not being "compensated for a loss". He lost nothing during the ordeal with the transmission. Infact, even if he had repaired it and still paid his half, he was still ahead of the game. What if they didn't offer any warranty? He would've been stuck with a broke transmission and no leg to stand on.

Question to the OP... did you disclose the transmission issue to the buyer?
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Hey,

your just wrong about this. Mechanical breakdown policies are computed exactly the same way as insurance policies. They are also administered in the same way. He did lose alot during the transmission ordeal. He lost value, use, and time. Mechanical breakdown policies compensate for value and sometimes use when rental car reimbursement is part of the policy.
Whether he is ahead or behind the game is immaterial.
Whether they offered a warranty or not is also immaterial.
Disclosure is not required in private party sales in most states and is always hard to prove anyway. The next buyer could have demanded and paid for a pre-purchase inspection and he didn't.

Furthermore, the dealer's act of writing him a check implies that it by itself is compensation and payment in full for the damages. He can have the transmission repaired, repair it himself, or not repair it at all. I am surprised the dealer gave him a check and didn't repair it himself and collect the 50% from the o.p. They also could have written the check directly to the shop. They didn't do either. The mechanical breakdown policy paid the o.p. for damages, plain and simple. They did this because they didn't want to deal with fixing or arranging to fix the trans and they shifted this burden to the op. The op received no further compensation for arranging and 'dealing' with the problem. (The opposite end of the spectrum would be if they sent a flatbed to pick up the busted car and returned it repaired, with a bill to the op for 50%)

The op's responsibility for overseeing the repair also grants him control on how, and if, it is completed at all. Thats why most dealers who offer 50/50 breakdown policies also require the car be fixed either by them or their shop of choice, so the dealer can control how cheaply (used parts, cheap labor) repairs are made. This dealer didn't do that. The dealer shifted the responsibility to the op and the control went with it.

The only fraud would be if the o.p. 'faked' the damages somehow to fake a claim. That did not happen.

From a practical matter, whether you agree with me or not, initiating lawsuits are expensive and time consuming; so o.p. you have nothing to fear.
 
#51
iLkYsPoNy and I both deal with extended warranties daily. He and I are not wrong. It doesn't work like an insurance policy. The dealership dug their own hole on this one by writing a check to him though. Although, from the level of professionalism and the whole 4 cars they have in inventory, I'd hesitate from calling them a dealership.
 
#52
"Again, this is not a car insurance claim and does not work that way. Try that with a new car warranty and see what happens.”

Irrelevant example. New car warranties are provided by the manufacturer, and only a ‘warranty’ is provided by a manufacturer. This situation would never exist with a manufacturer provided warranty. Yes, this is not an insurance claim, however extended service contracts are created, managed, and function very closely to insurance contracts, with very few exceptions.


iLkYsPoNy and I both deal with extended warranties daily.

Then you should know that you may call it a warranty but this is an extended service contract. Someone said in an earlier post that contract law would apply and it would. This is a contract and not a warranty.


“He and I are not wrong. “


ok


“It doesn't work like an insurance policy. “

‘work’ is very broad. Service contract warranty premiums are calculated using the same principals as term life insurance premiums. The extended service contract claims I have filed have all been handled very similarly, though not identically, to the insurance claims I have filed. There is a very broad difference though in the types of extended service contracts but they all follow the same principals of trying to beat the averages through actuarial tables for repair and death rates (why my extended service contract for my Honda van cost less than the extended service contract for my Lincoln Aviator, and why my life insurance policy at 32 cost less than my dad's at 64) and minimize costs with cheap repairs (used and aftermarket parts, adjusters/inspectors, and with life insurance making sure there is no fraud or suicide as some policies stipulate); extended service contracts operate under almost (sure there are some exceptions) identical principals which insurance policies are constructed with.

“The dealership dug their own hole on this one by writing a check to him though. “

Yes, they did. Their writing of the check will easily be construed as a contractual agreement that the dealership owes the op no more money for said damages. I wouldn’t call it ‘digging a hole’ though. The dealership shouldn’t care what happens to the car or the $$ after the fact (except for a subsequent owner suing the dealership) they are simply fulfilling their end of their contract.


"Although, from the level of professionalism and the whole 4 cars they have in inventory, I'd hesitate from calling them a dealership."

Agreed
 
#53
Then you should know that you may call it a warranty but this is an extended service contract. Someone said in an earlier post that contract law would apply and it would. This is a contract and not a warranty.
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Yes, I know that. I'm using the same term used throughout this thread.


‘work’ is very broad. Service contract warranty premiums are calculated using the same principals as term life insurance premiums. The extended service contract claims I have filed have all been handled very similarly, though not identically, to the insurance claims I have filed. There is a very broad difference though in the types of extended service contracts but they all follow the same principals of trying to beat the averages through actuarial tables for repair and death rates (why my extended service contract for my Honda van cost less than the extended service contract for my Lincoln Aviator, and why my life insurance policy at 32 cost less than my dad's at 64) and minimize costs with cheap repairs (used and aftermarket parts, adjusters/inspectors, and with life insurance making sure there is no fraud or suicide as some policies stipulate); extended service contracts operate under almost (sure there are some exceptions) identical principals which insurance policies are constructed with.
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The customer did not pay for a service contract. They are claiming on a state mandated warranty.(at least this would be the case in NJ) They paid for half of a repair. However, since you have experience with claims being paid to you, were you given a check and allowed to shop for the cheapest repair, or for that matter, just keep the money. I also have NO idea what warranty company allows you to use used parts.

All of my paperwork comes from NJ Car. This is a company with a large legal staff that creates and reviews all of said paperwork. Being that we are in agreement that this other dealership is staffed by chumps, I'm not so sure they have the paperwork to stand up in court. However, there is a very good chance that they do.
 
#54
i didn't read it was a state mandated contract

I didn't read that it was a state mandated contract. I would imagine that could change things.

I kept the proceeds of insurance claims several times. Never had a problem. Didn't feel bad about it either, my car was damaged, devalued, and I was inconvenienced; I chose to live with the de-valued car + the cash as opposed to a repaired car.
 
#56
I'm getting sick of this thread......Time to take it to Judge Judy & let her sort it out :nice:

That being said, I did some research on Extended Service Agreements. Alot of good information on the Federal Trade Commissions Website. Those contracts vary widely from company to company. It all comes down to how his contract was written. The terms of the contact, how any repair was to be carried out out how payment was to be made change from company to company. The OP's agreement could vary greatly from what other dealerships offer. Without seeing the OP contract any of our opinions on this matter are just pure speculation (A.K.A-Don't Mean S#!+)

Moral of the Story: Extended Service Contrats are the Blackest kind of Evil & should be avoided at all cost :flag:
 
#57
hamonkeiser said:
...
Moral of the Story: Extended Service Contrats are the Blackest kind of Evil & should be avoided at all cost :flag:
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I don't think I could disagree with you any more on this statement. I have seen HUNDREDS of cases where someone has bought a contract and it has paid for itself within the first year! It all comes down to the company that you purchase it from. Let me put it this way, if the compant contacts you, don't buy from them. We personally use 2 companies, First Extended and Wynns. No complaints.
 
#58
first of all, the contract was crap, generic basically and he told me he was just being nice to write one up for me but didn't really want o live up to it since something actually happened. I told him he didn't have a choice and he wrote the check.
 
#59
hamonkeiser said:
Moral of the Story: Extended Service Contrats are the Blackest kind of Evil & should be avoided at all cost :flag:
Click to expand...


:lol: Yep. Second only to car insurance. Until you need either one, and then they cease to be a ripoff.

I don't think I could disagree with you any more on this statement. I have seen HUNDREDS of cases where someone has bought a contract and it has paid for itself within the first year! It all comes down to the company that you purchase it from. Let me put it this way, if the compant contacts you, don't buy from them. We personally use 2 companies, First Extended and Wynns. No complaints.
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Not worth it. We work at the "EVIL STEALERSHIP". Hence anything we sell must be a bad thing and because my neighbors uncle's friend's wife's coworker had a bad experience once, they all must be bad. In fact, the blackest kind of evil and will possess not just your car, but your wife and children and leaving you with nothing. I've seen it. :rlaugh:
 
#60
strtrcr50 said:
:lol: Yep. Second only to car insurance. Until you need either one, and then they cease to be a ripoff.



Not worth it. We work at the "EVIL STEALERSHIP". Hence anything we sell must be a bad thing and because my neighbors uncle's friend's wife's coworker had a bad experience once, they all must be bad. In fact, the blackest kind of evil and will possess not just your car, but your wife and children and leaving you with nothing. I've seen it. :rlaugh:
Click to expand...

The best part is , you take advantage of people who don't know anything about cars. Sorry, I didn't fall for it, I know stuff about cars.
 
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