Legal Question in Credit and Debt Law in Georgia

You either pay your payments as due, or lose the vehicle to repossession and still owe the money. You failed to tell us if there was a warranty include when you bought the car (which would be very unusual for a used car, aside from ), or any other reason the dealer is liable. If you chose to buy it as-is, without your own inspection, you took the risk. As far as the down payment, you did not say it, but if you are thinking about stopping payment on the check, that will get you 1) a repossession, 2) a lawsuit, and/or 3) a criminal warrant for a bad check. That will compound your problems.

You didn't say if you bought the vehicle with a warranty. If you did, they should honor it.

If you did not, you bought the car "As is" which is the dealer's way of warning you the car is likely a lemon and you chose to ignore that warning. In that case, you do NOT get out of the contract and owe every dollar in your contract, and, as Scott noted, will have further problems if you try.

This is not a credit, debt or collections issue. It concerns consumer finance and is not my primary area of law. That said, there are a few avenues you can try. The Lemon law generally does not apply to used cars.

The other attorneys are correct - you do not state whether this was sold with or without a warranty. If there was a warranty that applied to electrical defects, this problem should be covered under the warranty. If you have a limited warranty, it might apply only to the engine or transmission, in which case it is of no use here. I assume that was sold as is, meaning the dealer is not responsible for any defects regardless of whether they cashed the check or not.

When buying a used car, regardless of the seller (either private party or a dealer), get a Car Fax report and have the car inspected independently by your own mechanic.

There is no right to rescind a car purchase unless the car was "spotted" to you. "Spotting" occurs where you do not have financing lined up. The dealer gives you the car anyway hoping that all will go through and you will be appoved for the car loan. Sometimes the lender refuses to finance you for whatever reason (usually bad or no credit or the person is buying more car than he or she can afford). In such cases, the dealer will demand that you return the car or find another way to pay for it. If this happens, turn in the car.

If this has not happened, car sales are usually three-party transactions (unless the dealer is also financing the car, like a buy here, pay here lot) - you, the lender and the car dealer. The car dealer sells cars. The dealer just about has a license to lie to you and even where the dealer commits fraud, this is not the lender's concern. The lender is not always a participant in any of the dealer's doings. They lend money and that is it. So regardless of whether the car runs or not, you have a duty to pay for the car.

What you may be able to do is see if the dealer will allow you to trade for a comparable vehicle and just transfer the loan to another car. If the dealer is somewhat reputable, this may be good business as you will buy your next car there if treated fairly. This also works if you prove to the dealer that there was some type of fraud (e.g., the dealer told you the car had brand new brakes and your mechanic looked at it and the orginal brakes were still on there - that kind of thing). Most dealers are too smart to make these kinds of statements, but it does happen. Do so homework on the dealer - go to the BBB or see if there are other complaints about the dealer. This will help in knowing if you are dealing with a sleaze ball or a reputable dealer.

Also, your state may have prohibitions like selling a salvage vehicle without that fact being labeled on the title or selling a car that sustained a lot of damage (was totaled) before it was sold. As I said, this is not my area of law, but you might want to consult with a consumer finance attorney to see what other options you might have. This still requires you to pay for the car, but if the dealer has engaged in some kind of fraud, you can use this to negotiate your way out of the contract. This may take some time, but you cannot just stop paying on the car while negotiating with the dealer.

Bottom line - if you don't pay for the car, it will be treated by the car lender as a repossession and you will be far far worse off. The car will be taken and sold at an auto acuction where it will bring in a whiole lot less than you owe. Then the car lender is going to come after you for the balance. You will now be in worse shape financially as you will have a repo on your credit, making it harder for you to qualify for a car loan at a decent rate.

If the dealer will not let you trade, you could take the car somewhere else and trade. You will not get what you paid for it. However, you will not be paying for something that is not driveable either. In such case, take your lumps, get something cheaper than the Expedition (which is a huge gas guzzler anyway) and get on with it.