Legal Question in Credit and Debt Law in North Carolina

I have a friend who purchased a car from a car dealer in the area. Apparently they could not afford the car and returned the car to the dealer so he said he would take the car off their hands and they purchased a less expensive car from them. From what I understand they were told the car was sold apparently for less than what was owed. Now they have gotten legal action against them from the credit union and the credit union had a sheriff serve them with papers saying they are going to take their belongings. My friend called the dealership and told them she was going to sue the dealership. The dealership told them what they did was perfectly legal and they cannot be held responsible for what the credit union does. Does my friend have a legal suit against the dealership. I have never heard of a car dealership doing this to a customer. My friend assumed since the dealership took the car back that it was repossed and it was a done deal especially after she bought a second car from the dealership.

Thanks for your assistance


Asked on 1/10/12, 2:02 pm

1 Answer from Attorneys
Rachel Hunter

I really cannot discuss your friend's legal issues with you ethically.

The rule is that when you buy a car, you buy a car. There is no cooling off period and no right to bring the car back.

While the dealer may have taken the car back, its a repossession - it was just voluntary. Your friend should have worked this all out beforehand.

I don't know what was said between your friend and the car dealer or when this took place so I don't know if friend has any cause of action. The only possible avenue might be (and I say might depending on the facts) a claim for unfair and deceptive trade practices. However, its very hard to prove and car dealers (almost) have a license to lie.

As between your firend and the credit union, she needs to find a way to pay the deficiency or resolve it in some other fashion. As between your friend and the car dealer, she can see a consumer protection lawyer and see if she has any kind of a case.

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Answered on 1/10/12, 5:42 pm


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