Legal Question in Consumer Law in Georgia

I financed a used car in January of this year (2015), in April, I started having trouble with the car stalling. I contacted the car dealership, who told me that since I had the car over 30 days I was responsible for any repairs. Not liking this answer I started looking for another vehicle while still making payments on a vehicle I no longer felt was safe. In May, it started warming up here in Georgia, and I found out the ac did not work. Again, I called the dealership to see if they were willing to fix the car explaining that the car was not safe for me to drive with my toddler. Again, they refused. Today (June 3rd) I stopped at a gas station and was unable to crank the car up. It was not the battery as several patrons attempted to jump the car off. I called the dealership and explained that I was stranded in a different town because the car would not start and asked what they would advise me to do with this car that I definitely no longer wanted. They stated the car was my problem since I have had it since January. I explained there is no way I have put so much wear and tear on the vehicle to cause the car to stall, ac not work, or not start up at all. I told them I would no longer be making payments on this piece of junk car. They stated that I am obligated to get the car towed to the dealership. My response was IF I had stopped making payments on the car because I was no longer able to afford it and it still worked, they would come pick it up so why would I have to pay to get it towed now that it won't start. Am I legally obligated to get a car towed at my expense to this dealership?


Asked on 6/03/15, 7:24 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You leave out the important details of why you believe the dealer has ANY obligation to you to fix the car?? Used cars are generally sold "as is" and it is your problem before the ink dries. You mention 30 days, so is there a 30 day warranty? If so, it looks like the 30 days expired before the problems started. The harsh reality is that if you bought a used car without having it checked by an independent mechanic, and without a warranty, it was your car to repair and maintain. If you don't make the payments the creditor (dealer or other lender) will sue for the for the remaining debt. Even if they pick it up, it will sell at auction for nothing and you will still owe them. Your credit will also be significantly harmed for years to come.

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Answered on 6/04/15, 7:06 am


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