Legal Question in Consumer Law in Georgia
Buy here pay here is making our lives miserable. The cars are breaking down, they are not under any guarantee, they give a grace period but add late fees when payment is made during the grace period. The vehicle is not worth what the balance owe is. The vehicle value is $6000, but we owe $18000, how that happened? We tried to return the vehicles because a local dealership advised us that since they did not use our credit to take the car out then we could return the vehicle without harming our credit. When I called to ask if we could return the vehicle the buy here pay here auto dealer advised differently. They said if the vehicle is returned it will go on our credit, it would be sold in auction and then we would be responsible for the remainder of the balance even though we don't have the vehicle in our possession. What can we do? Why can they destroy your credit even if it was not necessary to get the car out in the first place?
1 Answer from Attorneys
Unfortunately you did this to yourself. Buy here pay here lots are ALWAYS a mistake that is as dangerous as borrowing from Mafia loan sharks. You did everything wrong, and it is not fixable.
First, when you buy a used car, that "As is" sticker is a federal warning that says "YOU are probably buying a lemon. Do NOT buy this car unless your mechanic inspects it in advance." When you ignored that warning, you got the lemon you were promised.
Second, when you pay late, you incur fees and you further worsen your credit.
Third, if you don't pay, you further destroy your credit, end up with a repo, and owe a huge amount, which eventually will lead to garnishment.
Your choices: go bankrupt and give up the car (that protects you from garnishment) or get the car fixed, make every payment on time, and do your next car loan from a real lender where you get preapproved before you go to a real dealer and buy a car with a warranty or one you had inspected.
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