Legal Question in Credit and Debt Law in Pennsylvania
Lemon Law
I am a freelance writer doing a story on a guy that has had his credit totally destoryed by creditors. One was a Bank that sued this guy over a car that was a lemon, he notifed the dealer and the bank 42 days after ownership. He asked the loan be cancelled and the car returned. Both the bank and the dealer refused. Now why is it that the dealer is not held responsible for the entire deal? The dealer contacted the bank and got the deal done, where is the customer involved in this? It was found during the lemon law trial that the dealer new the car was a lemon before they sold it. So they lied to the customer and the bank. So why would the bank not sue the dealer for the balance of the note on the car? They sued the customer, and then sold the Lemon car at auction.
2 Answers from Attorneys
Re: Lemon Law
The bank cannot sue the dealer. The loan is with the purchaser, he alone is responsible to pay the loan. Good car, bad car, it doesnt matter.
If there is a problem with the vehicle, the purchaser may sue the dealer. You are mixing apples and oranges.
Re: Lemon Law
I agree with Attorney Artim. However, the consumer could have attempted to join the dealer as an additional defendant in the suit for payment if, as you say, a court of record found that the dealer had intentionally sold a lemon to the consumer. Not to say it would have been successful, but it would have been worth a shot.
Either way, the consumer is responsible for the loan.
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