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We are not responsible for your lemons

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  • We are not responsible for your lemons

    There is nothing worse than buying a car and having it break down with a major issue shortly after you buy it. Even worse is when it's been just long enough since you bought it that the dealer won't do anything about it. No taking the car back. MAYBE a discount on the repair, depending on their management, but that's all.

    NO I can't force the dealer to take the car back. NO I can't undo the loan. The dealer got that money and cashed it before you drove off the lot. (Okay, it generally takes a couple of days, but still, not that long).

    Do I think it's illegal for them not to take it back? Well, I'm afraid I'm not a lawyer, and I don't know my lemon laws, but I'm betting that "As-Is" clause you signed probably means you're out of luck.

    I have sympathy. Really, I do. But seriously, I CANNOT do anything about your car. A car loan does not make the lender responsible for the maintenance of the car. All we're doing is lending you money at a cheaper rate because there is (or was) a car backing up your signature agreeing to re-pay us.

    NO, the loan does not go away because the car won't run.

    NO, it really doesn't.

    WE did not buy the car. We lent you money so that YOU could buy the car. That money is still lent out. It is still gone. The loan may now be the equivalent of a personal (unsecured) loan now, but you still owe it.

    Yes, you can do a voluntary repossession, but that still will not get rid of the loan. Why? Because we lent you $10,000. Unfortunately, the car is in seriously bad shape now and is NOT going to sell for anything close to that amount. ESPECIALLY not at auction,which is where it will go if we take it. Really, you'd be better off trying to sell it yourself. But either way, you will still owe the remainder of the loan.

    Because we lent you $10,000. That means you owe us BACK $10,000 plus interest. That what a loan MEANS. Yes, even an auto loan. Now, we will do our best to help you. I can redo the loan for more money if you want to try to add the cost of repairs to it. I can redo the loan at a longer term to knock down the payments. I may even be able to get a work-out done on the interest. The underwriters are human, and I'm really good at passing along sob-stories, and frankly, we don't want an auto loan on a car that doesn't run any more than you do. If changing the loans terms will help, we will try to do it. I also happen to know EXACTLY who to ask up the chain of command to give you the best chance at an exception from normal policies. But we are NOT going to just write-off $10,000.

    If you choose not to pay the loan, that is your choice. It will go to collections. It will go on your credit. And we will choose not to ever allow you to be our customer again in the future. If that is the path you decide to take, so be it. It won't be the end of our world. Or yours.

    *sigh*

  • #2
    Side note: I think that some state's lemon laws (or lemon-aid laws) actually state that "as-is" is not the final word on it. I learned that on the People's Court! LAWL

    Middle Note: The guy should be talking to the dealer or looking into lemon/lemon-aid law, not badgering the loaner. You cannot do a single thing for him, except maybe sympathize. Which I wouldn't do after being badgered by this buffoon for however long! Gah!

    Here have some candied ginger!
    My Writing Blog -Updated 05/06/2013
    It's so I can get ideas out of my head, I decided to put it in a blog in case people are bored or are curious as to the (many) things in progress.

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    • #3
      Thanks for the candy. Yum!

      I really do not have any clue as to lemon laws. Maybe he had a case, maybe not, but either way, it's not something I can help with. It's not the first time I've had someone want me to force a dealer to do something about their car, but most people actually understand when I tell them that our relationship with the dealer is pretty much over after the "prove you've got the title work to transfer the title to our customer's name (with us as lien-holder) in exchange for the loan check" stage.

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      • #4
        I honestly don't know much of anything about lemon laws, but I would think that they only apply to new cars. Anyone know?
        Don't wanna; not gonna.

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        • #5
          Quoth 42_42_42 View Post
          I honestly don't know much of anything about lemon laws, but I would think that they only apply to new cars. Anyone know?
          I do know this one. It depends on which state you're in! I can think of a handful of states off-hand where the lemon laws apply to all car sales, and can't think of any off the top of my head where it only applies to new cars.

          ...yes I used to watch a lot of daytime court-TV when I was home for the summer and jobless @_@. I'm not an expert, but I do know general knowledge (which is actually pretty useful to know in order to keep yourself safe!)

          A lot of court cases were brought up about used cars that would fail within a week or so of purchase, falling under the lemon/lemon-aid laws in the different states. Judge Lady would have to always go back and research the different state laws during the intermission so she'd actually know how to rule correctly.
          My Writing Blog -Updated 05/06/2013
          It's so I can get ideas out of my head, I decided to put it in a blog in case people are bored or are curious as to the (many) things in progress.

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          • #6
            Interesting. I've only ever bought 1 car and it was a new one, so I don't have much experience with the whole car buying thing. The car and truck we have now my hubby bought. I'm not much of a car person. As long as it has wheels and goes (and isn't a stick), I'm satisfied.
            Don't wanna; not gonna.

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            • #7
              I always go to a dealer. Ive purchased my last three vehicles from them and they have all been excellent.
              No way am I going to one of those corner markets, those are the people who buy the lemons at the auction.

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              • #8
                Quoth barainga View Post
                I always go to a dealer. Ive purchased my last three vehicles from them and they have all been excellent.
                No way am I going to one of those corner markets, those are the people who buy the lemons at the auction.
                Boy, I can't agree with that enough. I prefer to deal with a reputable brand name dealership. I'm not saying there aren't reputable corner dealers, but I'd be concerned about buying from one too.
                I'd tell you where to go, but I work there and I don't want to see you everyday.

                My photo blog.

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                • #9
                  This one was from a dealer. Problem is, it's past 30 days, if only just. Dealers in this area will fix anything that breaks within 30 days, but after that, you're SOL. Probably a good indication that 30-days might be my state's limit on the lemon laws?

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                  • #10
                    Quoth bankworking View Post
                    This one was from a dealer. Problem is, it's past 30 days, if only just. Dealers in this area will fix anything that breaks within 30 days, but after that, you're SOL. Probably a good indication that 30-days might be my state's limit on the lemon laws?
                    Quite possibly. It depends on how the car failed though. If a mechanic can prove/say that the parts that failed were rigged up to survive just long enough, there might be a case. But again, it's nothing you can help with, so the drool-face shouldn't be badgering you nor should he expect his money back/loan forgiven.

                    Personally, if I was the dealership I'd take a look and determine if it was shoddy car parts or operator error, if it was the first I might consider pricing it up and fixing it, if it was the second oh hell no. But that's just me, and only if the person who bought the car was polite and patient. If he started to catfish face me then I'd stick a cork in his mouth and boot him out the door.
                    My Writing Blog -Updated 05/06/2013
                    It's so I can get ideas out of my head, I decided to put it in a blog in case people are bored or are curious as to the (many) things in progress.

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                    • #11
                      it's not something I can help with.
                      exactly. The car owner needs a lawyer.

                      It doesn't matter what stories they tell you, why they think they don't have to pay it back... all that matters is that they're NOT talking to the people they should be talking to.

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                      • #12
                        Wouldn't you have a mechanic look at the car before you buy if it's used? Especially if there's no warranty? Seems to me that a couple hundred in checkup can save thousands in repairs...

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                        • #13
                          Quoth Ryooshi View Post
                          Wouldn't you have a mechanic look at the car before you buy if it's used? Especially if there's no warranty? Seems to me that a couple hundred in checkup can save thousands in repairs...
                          Let me give you a scenario:

                          Buyer: I want the car checked first!
                          Seller: Sure! *proceeds to make sure the car runs perfectly.*
                          Mechanic: You're good.
                          Buyer: Sweet!
                          Seller: *Meanwhile is replacing the good parts with junk parts that will run just long enough to get the guy away from him.*
                          Buyer: Let's do it!

                          People have done this, one of the reasons the lemon laws have come around.
                          My Writing Blog -Updated 05/06/2013
                          It's so I can get ideas out of my head, I decided to put it in a blog in case people are bored or are curious as to the (many) things in progress.

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                          • #14
                            Quoth Ryooshi View Post
                            Wouldn't you have a mechanic look at the car before you buy if it's used? Especially if there's no warranty? Seems to me that a couple hundred in checkup can save thousands in repairs...
                            One would think so, but a lot of people just don't get how stuff like that works. I've bought 2 used cars, both from a reputable used car dealer, however, and nothing they did, BOTH had transmission blow up a couple years after I bought them, and BOTH out of warranty. so unfortunatley i had to pay to replace them both.

                            this reminds of a conversation I had one time with a friend. who I swear lives under a rock! Way back when, one car manufacturer had no money down, no payments for a year. Which on paper looks great, but.....factoring in the dropping value of cars, really had the potential to suck. Say you bought your car for 20K, and put nothing down, and made no payments for 12 months. at the end of that time, your car may only be worth, say 13-14K ,but you still OWE 20K. so if something happens, unless you bought gap insurance, you were SOL. She couldn't grasp that concept; she thought if something happened to your car, insurance would pay what you owed, not what it was worth.

                            then again, this is th same person who feels you don't need rental insurance as your landlord's policy covers your personal possessions. Yeah, right.

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                            • #15
                              All 3 of mine have come from dealers. The first 2 from the used departments of a franchised new car dealer. The last one was from an independent, used-only dealer. But, that shop's been operating in town for at least 10 years, and is a very stable business. I did have minor repairs on 2 of them that were needed after purchase, but nothing over $300. Doing my homework before the purchases made me comfortable with all of them, and I'd return to any one of those dealers to buy my next one.
                              That is so full of suck Dyson doesn't know how they did it - shankyknitter

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