Car Advice
I have been on the island for about two weeks. I bought a vehicle ten days ago. I have to go back to the mainland. The check engine light is on. Does anyone know about the lemon laws here? Also I have not yet signed the loan agreement. Can I back out of this agreement? Any help would be greatly appreciated!!
Dont panic! the check engine light may not be anything. Sometimes they come on after a specified number of miles. Or it could be just a clogged valve. If you disconnect the battery for a few minutes it should reset the light. (the previous owner may have done this). If there is a problem it will come on again after a while (sometimes 30 starts and warmups). A mechanic with a code reader can often pinpoint the problem within minutes. Good Luck
It can also be caused by the gas cap not being screwed in right. I've had a check engine light on for about 2 years. It was an oxygen sensor. Midas had ordered the part but then they changed hands & I never went back. The car has been running fine so don't panic.
If I'm reading Daisy's post correctly, she's asking for advice regarding walking away from a purchase agreement after she's driven the car for 10 days. Sounds like a new car. She's asking if she can use the check engine light to invoke the lemon laws.
I am trying to get out of the deal. It is a used car that I bought at a dealer.
Is there such a thing as lemon laws here??? Daisy, how did you get the car without paying for it yet? Aussie's probably correct in reading between the lines. New or used?
Did you ask them about the light? Did they refuse to do anything about it?
I have been driving the car while they "do the loan paperwork" which has taken ten days so far. However now I am no longer employed down here and will not be able to get the loan, so I do not want to purchase the car. The check engine light was just a thought as a way out. Also do I have a certain amount of time to back out of the deal? It is not specified on the paperwork. It does say that the deal can be cancelled up until I receive the Truth in Lending Dosclosures which I have not received.
Thanks again.
That may be your answer. Let the load company know you're no longer employed. They won't loan to you. End of story.
The next problem will be retrieving my down payment.
Uh-oh. You might not get all back, especially since you've driven the car 10 days. Anything about that in your agreement?
I would expect to lose aportion of the down payment since I have been driving it but there is nothing about it in the agreement.
Greetings Daisy
I'm not qualified to fully answer your questions. Hopefully someone with a little legal background will respond.
My understanding is that The Lemon Laws will not help you. I believe they only apply to new cars. They vary by state and the dealer must be given several opportunities to fix the problem.
The clause you cited that allows you to cancel the deal up until you receive the Truth in Lending Disclosures will probably be the key. I would IMMEDIATELY (if not sooner) notify both the dealer and the lending company that you intend to exercise your right to cancel granted in that clause. I would also IMMEDIATELY send notification to both of them in writing (Return Receipt Requested) stating the same. LOL...given the number of things that need to be notarized here, I would probably have the letter notarized just for good measure.
You may also need to return the car IMMEDIATELY. You'll probably want something from the dealer, in writing, acknowledging that you have returned the car with the intention of cancelling your contract.
That's the best I can do. Hopefully "someone in the know" will respond soon.
Best of luck to you!
Daisy,
You ARE trying to get out of the deal. Be honest with the seller and be prepared to walk away without your down payment.
After such a short time, why are you leaving island?
I have personal reasons for leaving the island. I made a down payment that is too much to expect to make up for driving the vehicle for ten days.
daisy,
You asked for advise, Go back to the Dealer. Try to work out some resolution to your problem. If the Loan company turns you down ( might turn into a bad credit problem that will follow you). If you can't make some sort of settlement, seek legal council.
Hmmm...kinda wishin' I could pull my earlier post. That was excellent advice, Lizard.
daisy,
What is the car? What was the price, and how much did you put down? If you can't work out something with the dealer, maybe you can find someone looking for a car, and you could offer a better deal by absorbing some of the down payment.
Hopefully the dealer will be understanding, but whatever you do, don't just walk away from it. If you have to, then go through with the deal, and leave the car here with someone to sell, even if it's a dealer. Someone suggested legal advice. I second that. Most lawyers will talk to you on the phone, and tell you if they think they can help you or not. Ask the lawyer, but I think if you walk away from the deal, it would be considered a repossession. That will haunt you for a long time.
Good luck. If the dealer turns out to be a "good guy", let us know who it is.
Trying to work something out with the dealer and seeking legal counsel if you can't work anything out is excellent advice. It is the sensible place to start. The clock is ticking though...
I don't think she can go through with the deal, Juanita. If the finance company knows that she is leaving the island and does not have employment, they will turn down the loan.
If the contract was written "subject to approved financing" or similar wording, then the transaction has not been completed. Also, if the contract expressly states that you have the right to cancel within a defined period, then that is indeed your right. Documentation that you exercised that right within the allotted period is essential. A well written contract details exactly how deposits or down payments will be disbursed if all of the terms of the contract are not satisfied.
If all parties acted in good faith, then this may simply be a hard lesson for the dealership to learn.
This is not intended as legal advice.
Thanks for all your advice everyone. I am going in to see the dealer this afternoon. I will let you know how it goes.
Hey everyone. Things went very smoothly. They took the car back and I am supposed to be getting a full credit back for my down payment. Thanks for all your help. This is definitely a positive note if you are considering Carribean Automart. Rochelle, the saleswoman, was great!!! She is sweet and willing to go above and beyond to help her customers.
daisy,
That's Great news. good luck to you in the future.
I'm really glad to hear that. Thanks for the update, and all the best. BTW, which island? If it's STX, I would certainly go see Rochelle when I'm in the market for a car.
Well done, Daisy. Best of luck to you!
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