Legal Question in Credit and Debt Law in Pennsylvania
We purchased a used vehicle 1.5 years ago from a dealer. We just learned that the frame is completely rusted beyond repair, making the car not safe to drive ever again. We still owe $4,000 on this car. Unsure of what laws (if any) protect my family and me or that could help us be relieved of the debt still owed on this vehicle. The damage is something that must've been over looked when purchased.
Thank you.
2 Answers from Attorneys
This is not a debt collection question. The car dealer and the car lender are two different entities. As between you and the dealer, there may be some things you can do. As between you and the car lender, you have an obligation to pay for the car and if you stop, the car will be repossessed and you will still be obligated to pay the balance. What universe do you live in that thinks that you can get out of paying for the car? You bought it. You pay for it.
Car dealers (almost) have a license to lie. Frame rusting indicates that the car was a salvage vehicle - could have been flood or water damage. Issue here is did the dealer have reason to know? Cars often are bought at auto auction. Car could have come from some other place where they "washed" the title and hid the damage from even the car dealer. Is this the dealer's fault in such case? I think not. However, if the car dealer knew about it and lied to you, that is a different question. PA's unfair trade practices law will help.
Start with the warranty on the car. Is there a warranty? What steps did YOU take to have the car inspected BEFORE you bought it? Did you get a Car Fax or other report? Did you take the car to an independent mechanic and have it checked out? Has the car been examined now? How extensive is the frame damage? Do you have a written opinion by a mechanic as to what caused the damage? Is this obvious damage? Would it have been uncovered in an ordinary inspection by the dealer? Some dealers have "certified pre-owned" programs which outline what was looked at. Did your car have one and would the damage have shown up on that?
So short answer is - keep the car and keep paying for it. Do not dispose of the car. As between you and the car dealer, you need to talk to a consumer law attorney to see if the car dealer violated any of the unfair trade practices outlined in the act. If so, you may be able to recover treble damages.
This sounds like a violation of the Pa Consumer Protection Law and the implementing attorney general regulations that govern car dealers. You would need expert evidence that the rust existed at the time of sale.
Feel free to call or e-mail me on a free initial basis.