Legal Question in Civil Litigation in Kansas

I purchased a 2005 Ford Explorer XLT under the assumption that it as a All Wheel Drive (the reason that i assumed this is because) I am a return customer , this would have been my 3rd vehicle purchased frrom this by here pay here dealer since 2004. I called dealer before picking up the vehicle (after test driving it) but over the phone i got the info from dealer for insurance purposes, so when i were to pick vehicle up "after work" after hours" then i would have my insurance. I was given wrong title in which the agent over the phone specified that i was getting an all wheel drive vehicle... Once i got the veh home and 3 days later i decided to fill up the tank to see how much it would cost to do so , then the Sending unit went haywire. I took vehicle back to dealer who told me this part/labor was not under warranty and that because i was a return/good customer that dealer would go half on parts/labor. I got diagnostic test done at local Auto zone in which it registered that the Sending unit was the problem. After setting up an appt to get this fixed on day 5 the gages for the gas started to register correctly, Then i called Ford dealership and ask lots of questions... They assisted in a reset , didnt have the problem for several days so i then canceled the appt to go half with dealer to get fixed.. 2 days after i canceled the gages went haywire again, reading that the tank was empty and i knew i had just put $35 worth of gas in the tank which put it at 3/4 tank almost full. Ok so i could live with that. I then had a check oil soon light on along with the check engine light... I called ford again to ask how soon i need to change the oil ( like how many miles) because dealer had told me they topped all fluids off... ok so my fiance changed the oil and with the help of Ford motor co. agent assisted fiance on how to reset the change oil soon light... Check engine light remained on. At this point fiance gets very curious and looked underneath the truck and found a pin hole in the muffler and water was leaking out of that hole. while under the truck fiance' noticed lots of Tar and several rust spots and a both control arm bushing were rusted.. Fiance asked if i really wanted to keep the car because he could see that i would eventually have to come out of pocket for repairs that were not under warranty. I was willing to overlook certain issues with the gages and the tar but when i went in to make my 2nd payment i was told i agreed to make a special payment of $700, my payments were set up at $200 bi-weekly , i took a $500 money order with me to put on the down , the cost of the truck is 11,400 before all the taxes. the dealer and i went over the contract 3 times... he kept saying that on the 2nd payment he would then submit the money order to make the 2nd payment equal $700 and i repeated this to him each time to make sure i understood that he would not submit my money order + my $200 payment to equal $700. Ok i was ok with that since i was a return/good customer and the sticker in the window said $95 down. I was under the impression that they just had to alter the paperwork to make it even for their books. so i went in to make the 2nd payment and the lady at the desk said that she would not accept my $200 payment until the salesperson came back from vacation to straighten things out .. I asked her at that time , upset because i just drove across town on my 1hr lunch break to all happy to make my payment on time and enjoying the vehicle and to be rejected . I ask her right then "If i decide to just give the truck back since the 30days is not up yet" will this be a repossession on my credit? jennifer the agent then said yes , it will be a voluntary repossession. I said ok and that was it... I took the truck back the next day which was the 21st of October 2009, I took the veh off the lot on a Fri the 23rd of Oct, the 30day tag exp on the 21st of Nov... in which was not a full 30days as well. I was asked to sign a release form , just saying that i took all of my belongings out of the veh and i got a copy of that form.. then today 12/2/09 I recieved a certified letter saying i was past due on my payment.. Ok if i returned the veh before the 30days was up , i was not offered any alternatives like , another vehicle with less problems, take my payment and allow me to keep the vehicle and discuss contract with sales person, or even to work out another payment option for that particular payment date.. No options , no furthur attempts to save me as a customer, and no truck. What am i up against? I know if they sell the vehicle that i would be responsible for the difference in total amount due. I was not given any option what so ever.

PS, ive never had a repo....

Signed , Wanna do the right thing and get fair treatment or at least a few options,

LaTosha A. Sykes

the dealer is in Kansas city, Ks

2005 Ford explorer XLT

2WD not a 4WD false pretences.


Asked on 12/03/09, 11:37 am

1 Answer from Attorneys

Sean Santoro Santoro Law Office

In Kansas, a vehicle must conform to contract, and the contract must conform to the title. Did the paperwork specify 2WD or 4WD? Also, lenders are required in Kansas to conform to the Kansas Consumer Credit Code. The Code requires that specific language regarding termination, breach etc be prominently printed in the contract. Without seeing your paperwork, I cannot say whether the dealer has violated the Code; but I have seen lenders violating the law in the Kansas City area, which has lead to relief for some buyers. You do state that you agreed to a voluntary repossession, but you signed a 'release form'. The dealer can accept a voluntary repossession, but they cannot hold you to an illegal contract - if the contract does not conform to the Code. They also cannot damage your credit if the underlying claim is based on an illegal contract.

Feel free to contact me if you want to look into solutions in more detail.

Read more
Answered on 12/08/09, 4:29 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Kansas