Legal Question in Consumer Law in North Carolina

purchased van for 4000.00 put 1500.00 dwn. signed note to pay 200.00 mthly. Name is on title, no lein holder and registered to me. started having problems 2.5 mths. later. all repairs since then have totaled 3228.00 more than i owe (2300.00) should i have to continue paying for van i can't drive because its always in the shop?


Asked on 8/02/10, 6:35 am

1 Answer from Attorneys

Paying the lender has nothing to do with the dealer, so yes, you have to pay and keep on paying. Cars are sold as is or with a warranty, usually limited to the engine or power train. Did you get a Car Fax report? Have the car cheecked out by an independent mechanic when you bought it? If not, do this now.

How old is the car? Under 5 model years old or newer? If so, was it in an accident and did it have more than 25% of its fair market value in damages? By this, you will have to figure out what the car was worth at the time of the accident. If the repairs were bigger than 25% of what the car is worth, then the wreck had to be be disclosed. Or was the car a salvage car? That had to be disclosed too. If it was not, then you have a case against the dealer.

You might also have a case if the dealer committed fraud. However, most dealers almost have a license to lie about cars. The conduct has to be fairly egregious. But you might be able to persuade the dealer to take the car back. Or trade it in somewhere else if he will not.

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Answered on 8/15/10, 9:50 pm


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