Need lawer-ly assistance!

[Keeper of Secrets]

I'm a lawyer (but my area is copyright and trademark).

Here's some generic advice: depending on your state (I assume you are in Maryland), you will have a number of options available to you.

As I understand your situation, the car dealership led you to believe that your trashed car was worth some kind of trade in value. As it turned out it either is not or they changed their minds. Chances are you won't be in a position to litigate with them (without spending a ton of money that they know you don't have).

Honestly, unless the contract states something that really jumps out at you, your best bet would be to play the game their way and return the car. However, if you are a gutsy sort (which *I* am not), keep the car and make them pay you. Or start paying them and on the check write 'under protest' or some other similar statement and try to sue them later, pointing to the 'under protest' comment that you paid in order to prevent being in default of the law but that it represented your intent to sue.

If you really want to piss them off, write the first check which says 'by endorsing this check you are releasing the payor from all future obligation and this represents payment in full.'

But as I said, playing it their way is the safest bet.

 

[ashockney]

Having worked in banking for over 10 years I can tell you that most dealerships use very standard legal contracts, that have been honed over years of experience, and broken down to impossible level of details to protect the dealerships.

Right on the contract, there is a required disclosure (by law) that indicates the value of any trade in, and the amount you are requesting (to finance).

I'm willing to bet there's absolutely nothing mentioned in that "trade in" line. Which means what you've now got on your hands is two really solid contracts. Both which indicate you do owe them the money. Even returning the car could prove an expensive proposition (as you are - in effect - in breach of that contract). If you can get out of the new contract relatively inexpensively, you should take that opportunity.

Not having insurance, and not having a car, will leave you in quite a bind. You'll need to work out a budget, to identify how best you can handle what you owe on the existing contract(the wrecked car), and how much you can afford to get back into a reliable car. If the bind is serious enough, you should consider contacting a lawyer to discuss options on the damaged car (ie, they can't get blood from a turnip, and the car sounds like it's really damaged).

So, then there is the matter of the poor salesmanship demonstrated by the dealership (particularly if they implied in any way that they would remove the burden of your old car). Your best bet, as indicated above, is to report it up the food chain (at the dealership), and possibly to involve third parties such as the BBB or the media. I would recommend the latter only in extreme circumstances, and even then, only after consulting with a consumer advocate expert.

 

[Ramien Meltides]

Just got back from meeting with the local attorney. His opinion is that the dealership is pretty much screwed based on the contract and the firm is sending the dealership a strongly-worded letter tomorrow. The attorney believes that the dealership's only defense is either that the contract-as-written doesn't make sense (since the trade-in value of my old car is pretty high for a damaged vehicle) or that there was some kind of other agreement in force (i.e., that I was to pay for the repairs) - and neither of those arguments are very strong.

I'm feeling a great deal better about the situation right now.

 

[Maerdwyn]

Hey that sounds like pretty good news. Keep us posted

 

[Laurel]

Glad you were able to find a lawyer to help you out. Hope all goes well! From your last post things looked like they were looking up.

It would surprise me if the car company does not back down, as often they set on this path thinking that the individual will not go seek help or fight it. And often they are correct, making some good profit off each side.

 

[Ramien Meltides]

A quick update on the situation - it turns out that the dealership has cashed the check for the down payment on the car. Sounds like this is some forward motion on the contract-as-written. The attorney is recommending that I consider alternate financing, but I have no idea how to go about financing a car outside of a dealership...ack. Ideally, the dealership will move forward on the deal we made.

 

[tarchon]

A quick update on the situation - it turns out that the dealership has cashed the check for the down payment on the car. Sounds like this is some forward motion on the contract-as-written. The attorney is recommending that I consider alternate financing, but I have no idea how to go about financing a car outside of a dealership...ack. Ideally, the dealership will move forward on the deal we made.

Maryland must be weird place. I probably got 5 ads just today offering me loans. Banks are a good place to start, but you should shop around. Home equity loans can be reasonable. Fortunately, it's a cheap-credit climate.

 

[Jeff Wilder]

Mmmm. Nary a post dissing lawyers.


Jeff, Esq.

P.S. Everybody hates us 'til they needs us.

 

[Gilwen]

Mmmm. Nary a post dissing lawyers.


Jeff, Esq.

P.S. Everybody hates us 'til they needs us.

Just like Tech Support!

 

[Maerdwyn]

I got my original car load through AAA, and it was an excellent rate:
http://www.aaamidatlantic.com/financial/autoloans.asp

If not, see if there is a local credit union that will lend to you. I wouldn't recommend a home equity loan (lessening the ownership of your home to get something that depreciates as fast as a car does), but if it's your only option other than a high rate credit card, you could do that too.