Legal Question in Credit and Debt Law in Iowa

i bought a 96 duster from people suppose to be family told me about the bad cylinder the body problems and the window i had no problems with them i can fix that. but on the way home i went to stop the brakes barely worked. i called them they said they would pay for a new master cylinder for the brakes. that would of been fine but that's not the brake problem cant figure out what is the problem with them i was told to not drive it it was a death trap by the guy who has been fixing my cars for years. on top of that im allergic to the car it was a farm car and every time i get in it i get a migraine start sneezing an breathing gets bad. i signed a contract for $100 a month i asked 2days after i bought it and signed if they could take it back because i cant drive it i had to get a different vehicle. its been 2 months i have not payed and they wont take it back. threatening to sue me. im a single mom i barely get by on what i have what can i do or what are my rights? please help thank you


Asked on 10/04/10, 10:05 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

First, I may be wrong, but I thought they stopped making Plymouth Dusters in the 1970's. IF they sue you, and you believe they committed fraud (that is, they were aware of the defect and failed to disclose it), this may be a valid defense to their contract claim. If they were not aware of the defects, and the contract to purchase the vehicle was "as-is" (that is, they did not give you any warranties), then you may very well be stuck buying this vehicle IF they sue you, family or not.

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Answered on 10/13/10, 8:58 am


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