Voluntary Repossession: HELP!!!!!

[Anonymous]

I purchased a used car from a car dealer that I thought was reputable.  I do have a lawyer but I would like some advice from some people that maybe have been in the same situation.  Long story short the car will not pass inspection and the car was sold with a warranty.  But even with a warranty they are supposed to sell me a car that will pass inspection.  What needs to be done to the vehicle is going to cost almost half of what the car is even worth.  I was thinking to do a voluntary repossession and if they try to come after me for the balance of the vehicle I will file for bankruptcy.  Has anyone been in this situation?  Please help need advice.  I do not want to keep paying for a car that I cannot drive!!!!!  I have the loan company investigating these people.  I have the BBB investigating.  I have the Delaware Attorney General investigating and I also have a lawyer investigating.  I am not going to let these people get away with this.  If anyone can give me advice or tell me what way I should go, or if I am doing the wrong thing please let me know.  Thanks again.

[Anonymous]

The BBB and AG is a good start. You may look intp the FTC as well. What did the stealership scum tell you when you presented the problem to them? Also, what does the car need to pass inspection? In Tx it is illegal for a stealership to sell a car that cannot pass inspection.
What kind of dealership is it? Small independant lot that offers in-house finance? or A larger mainstream dealer? I would think the larger ones have to meet certain criteria in order to even be able to operate.

I bought a car from a local Nissan dealer, they pulled some BS with me, I filed a complaint with BBB and problem was somewhat solved. The car they sold me had been in a prior front-end collision, I could not tell because the only signs of the accident are 2 small welds you can only see when looking at the car from the bottom up. A week after my purchase I had to get 2 AC lines replaced and it cost me about $470ish. The POS salesman told me the manager refused to reimburse, After I filed a complaint with the BBB I got a check the next week to cover those costs. The only downside I am faced with is I went to car max to see what they would offer me on a trade and due to the accident I would be going in $4k upside down. 

Message Edited by going2tdc on 11-19-2008 08:04 AM

[Anonymous]

No.  Continue to pay the car payments and keep up with those you have already contacted.  They sold you a lemon and their is recourse for that.

A reposession voluntary or not would ruin your credit.

[Anonymous]

Sorry forgot to post that I did report this to the FTC and I have not had any replies from anyone about this.  Just found out yesterday that the lawyer I was talking to turned down my case and I am now trying to find a lawyer.  This car is not eligible for the lemon law because it is a 2002.  I am stuck now and I don't feel I should pay for this car.  I am going to try getting in touch with the loan company and see if they will just let me return the car without any repercussions.  I see there is a post in there about the loan company CREDIT ACCEPTANCE!!  I don't know what steps to take because the loan payment is due on the 26th the temp tag is up on the 29th.  Does anyone here feel I should pay for a car that I am not using??  Would you pay for a car that you could not use?  Any more advice?  thanks

[Anonymous]

Just to clarify, by inspection, are you refering to like emmissions or state registration inspection, or are you refering to taking it to your local shop for an inspection just on your own.  If it is a required inspection, the daler should have to either fix the car or take it back/stop the loan.  If we are talking about you atking it in for a check-up just to get it looked at, then that should have been done prior to taking official inspection of the car.  Any reputable dealer should let you do this.  If yhis inspection is not a gov't required inspection, then the dealer is not required to do anything.  Also, since the car was used and had a warranty, unless the dealer was aware of the problems then they may not be liable.

last, what type of problems are we talking about.  If they are normal maintenance for a car of that age the dealer is not repsonisble, it would haev been your responsibility to make sure all recent maintenance records were checked on and up to date....i.e....If it needs all new brakes and a new timing chain/belt this could add up to a major maintenance item, but in most cases, it would have been the buyers responsibility to ask what maintenance was had been doen and what was recommended.  This info would be used as part of the bargaining in the price.

Good luck getting it all sorted out..

Also, give us more info on the year, make and model, the exact problems, the price you paid, and the expected repair costs and we might be able to help more. 

[WannaHouse]

Maybe these guys can help you.

http://www.lemonlaw.com/

[Anonymous]

I tried going the lemon law route and even those people will not help me.  They only deal with 2004 and up and still under manufacturers warranty and yesterday I called my 51st lawyer and they wont help me either.  I finally did call the loan people and told them to come pick up their car and they lady on the phone told me that I am responsible for the deficiency balance.  My final recourse is to file for bankruptcy.

[Anonymous]

I think filing bankruptcy is easier said than done unless you have a bunch of other bills that you can't pay too.  Being a used car unless you can prove they knowingly lied to and knew something was wrong with the car you probably don't have a case against the dealer.  What is wrong with it that cost that much to fix that isn't covered under the warranty?  By the sounds of it you aren't even a month into the car yet.

[Anonymous]

I will be one to tell you that a repo, voluntary or not will decrease yur score dramatically.  Since you JUST got the car and JUST contacted all of these ppl, AG, etc. make your payment and at least wait for a response.  You may be told that since the vehicle was vol repoed then since you no longer have possession of the vehicle they wont do anything.  What exactly is wrong with the car?  Several ppl have asked and you havent answered.  Bankruptcy is NOT the answer to anything.  It stays on longer if im not mistaken and looks a lot worse.  If you do that, hopefully you will be able to pay cash for everything in the next several years because you wont get anything on your credit.  I understand that you feel it is the dealerships fault but is this something the warranty company will cover? Even if the car is fixed and you have receipts then you may still be reimbursed if legal action follows.  Personally I would see fix the warrant will cover, pay the deductible and go about my own merry little way and take it as a lesson learned.  GL i whatever you decide. 

PS a bankruptcy will cost you longer in the longrun 

[Anonymous]

I had the car looked at by three different mechanics.  None of which knew that the car was looked at by the other and they all said that the car needs a new motor.  I apologize for not telling sooner what was wrong with the vehicle but I have been in a lot of forums on here with the problem with this car and got a little confused about which was which.  Sorry