Okay, so let me make this fast, because I found something that might help my case and maybe get a refund for my money.I realized that in the copy of the receipt. I didn’t have my signature at all. He has the other receipt with my signature thou. I was reading that the contract or any copy made must have the signature of the person making the purchase… I don’t know if this will help me, but i could get a refund, cause my signature wasn’t in my copy and i could ask for a refund, because i didn’t sign the other copy. I didn’t agree to the receipt. DOES THIS HELP ME?
@MG McAnick I been doing my homework and I hope help me. I’m a latina and NO ONE mess with a latina. I don’t like getting ripped off. I understand how the laws work, but when i’m lied too i will do something about it.
@meanjoe75fan I actually have prove of everything and even picture and all the text from him. not only that, but what i wrote on the top would it help. The fact that i didn’t sign the copy receipt ?? meaning i didn’t agree with the agreement, even if the other receipt has my signature?
I don’t think you have a legal leg to stand on, unfortunately. I also think any attempt to “force” other party to refund your money will likely result in being ordered off the property. I don’t want the coda to this story to be that you’re dealing with a defiant trespass charge!
“Take your lumps and move on” is the percentage play.
This is a car sale not a contract issue. When you buy a car the seller and the buyer just signs the title slip and it is used to transfer ownership at DMV.
I don’t think your logic will help you, in this case, because the dealer can point to your signature on his paperwork, thereby proving you agreed to the sale
I think you’re better off nicely asking for a refund
Trust me guys. I’m going to play it nice until it’s time to get to business. Honestly i found another thing too.
In the state of NH, where i got the car… the laws are different. I been reading through the laws and i found this which he fail to tell me.
[before a dealer can sell an unsafe used car, the dealer must:
Disclose that the car will not pass the state safety inspection; and
Offer the buyer the opportunity to have the car inspected for safety (the dealer may charge a “reasonable” amount for the inspection). ]
—> The dealer said that the car would pass inspection and it didn’t because of everything that’s wrong with it.
You must be referring to the sales contract. If this was a real estate transaction an attorney might attack this technicality but you are dealing with a junk car.
Any car where I am for under $1500 is potentially a junk car. I assume it is no different in your area. This is from an add in NH for a Focus for $1500;
Silver 2003 Ford Focus GSL 4 Door - Needs New Engine.
I paid $1800 for the last car I bought to “fix up”. It is a 12 year old economy car that needed a new clutch plus other repairs. Old cars here have a higher resale value, they don’t have rust issues. That was three years ago and don’t regret the purchase.
You can explain to the salesmen that you are dissatisfied with the car and would like to choose a different one. I understand you don’t want to do business with this used car lot but casual refunds are very unusual. They sometimes will use the first car as credit towards a more expensive car.
Again, does the paperwork say that it was being sold by a dealer? It was advertized as a private-party sale. If the paperwork indicates that, then all that you just cited is meaningless, unless you can PROVE a car dealer sold it to you.
And do you have ANY idea how time-consuming a pro se lawsuit is?!? Especially in your case, as you will be stymied by your lack of dexterity with the English language. (Hint: if you had to look up “stymied” or “dexterity”…you’ll have fun with the Consolidated Statutes.) You stand to gain about $1,500 IF you win. Considering the man-hours involved (filing, understanding, etc the law IN ANOTHER STATE)…your hourly wage would be higher if you got a job at Burger King.
And another thing: have you considered that the dealer might resort to “extra-legal tactics?” We’ve established they ain’t the nicest guys around. What if, in response to your pro-se action, they endevour to make your life stink in ways that have nothing to do with a court of law? For all we know, these guys flip cars for members of the Pagans.
I agree with Joe, from the pictures it looks like a back yard with a bunch of used cars.
I assisted a friend with a used car purchase once that looked like the picture. They were selling junk cars under the guise of being a donation center for an abandon animal shelter. I don’t know how long they got away with that but the alternative is to pay retail for a used car, a minimum of $3,000-4,000.
If you have a dealers sales contract (not just a receipt) this is from the NH DMV site;
An authorized dealer will either provide a 20-day temporary plate (which indicates the vehicle has passed a vehicle inspection) or will provide an “unsafe vehicle form” which will list the reasons why the vehicle will not pass a vehicle inspection. Please be advised that if an “unsafe vehicle form” is provided to the customer, a DMV 20-day temporary plate cannot be issued.
The question is does it apply to out of state sales? An out of state resident has no use for a NH state inspection. An out of state sale might be just the opportunity they were looking for to get rid of a clunker like this.
Keep us informed, Personally, I still think you’re toast and especially if the dealer is holding a sales contract that says AS IS and has your name on it.
As to a lawyer doing something like this on a contingency basis, I doubt it. An attorney would have to be an utter fool to wade into something like this without getting a grand or two retainer up front.
Getting an attorney involved in something like this should be only to get one to write a letter to the seller for you. It should cost about $100.00. Sometimes that will be enough to sway the seller but it’s not a guarantee.
The fact that the seller didn’t disclose that it is an unsafe car and said in the ad that it ran great should help your case.
The problem is that if a lawyer’s letter doesn’t work, small claims court may be your only legal option. You will need to decide if it’s worth the time and effort you will need to put into this.
Okay, I contact the Federal Trade Commission, They gave me great advice and they even told me to stop the check i made him from going in. which i did in time. They file a report on the dealership. I after contact the guy and when in for a kill… now he is nervous and want to trade the car for another one. I told him i want to deal with him and he keeps trying to do a trade. I told him about the fault advertisement. now he is scare and will call me about the other car he will be selling.
Now what should i do. Now i got him all scare, but he really want to do a trade, but i don’t want to do a trade at all.
If you think that you have got him on the ropes (so to speak), then I urge you to insist on a full refund. DO NOT agree to buy another vehicle from this guy. If he was this unethical with the first vehicle, I think that you would have to be crazy to want to do business with him again.
If the stop-payment order on your check was actually done in time, then–of course–you can’t get a refund from him. At that point, just return the car to him and call it a day.
However, I would suggest that you demand he pay for the stop-payment order, which is probably something in the area of $30-50. With any luck, he will consider that a cheap price to pay in order to get you out of his life.
Anyone think we’re getting our leg pulled? The FTC getting involved in a used car sale? Now that you stopped payment on the check, you have a car you haven’t paid for and will have to return it.
WOW @gazerukii ! I had not thought about the FTC. They are the governing body that mandates those buyer’s guides be displayed in every car. That was a good move and stopping payment on the check was too. I was afraid you had paid in cash. Give the guy his piece of junk back, and RUN (don’t walk) away. My guess is that the state of NH will be speaking to the dealer. He could lose his license over it. We can only hope. There are good dealers out there, you need to find one. Ask your friends where they bought their cars.
@db4690 's suggestion that a $4000 car is better than a $1500 car is of course true, but if you only have $1500 to work with, that’s the way it is. Do you have decent credit that would allow you to use a bank or credit union to finance a car? Even with under 600 credit, a lot of banks will go along with you since you have 1/3 to 1/2 to put down on a good car. Financing through a dealer is usually expensive. They jack the price of the car up, and then prey on buyers who can make a certain amount of a monthly payment. Do not fall for that scam either.
Remember to have the next car checked out by a competent third party, NOT affiliated with the seller. Don’t even use a shop that the seller suggests. It might be his brother.
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