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  1. #1
    Join Date
    Nov 2007
    Posts
    5

    Unhappy Returning A Used Car To The Dealer

    A neighbor went to a local used car dealer and found a nice 2000 Ford windstar minivan,The dealer told him that it smoked alittle on start up He showed him this,He went on the buy the van and it does read that it is SOLD IN AS IN CONDITION . Now this is where it gets bad he only put 40 miles on the van (bought it on 2/20/08) on Friday 2/22/08 HE started the van an boy did it smoke really bad,But it cleared up he called the dealer and told him he wanted his money back, HE won't refund his money because he bought it in AS IS Condition.

    someone told him there is a 72 hour give back is this true
    Also were in PA
    so he took the van back to the dealer and left it there and he took the plates off and gave the plates back to the notary,But he also told me that the dealer took the keys from him does this mean anything.
    another point he paid 1150.00 for the van



    Thanks
    Eddie

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Used Car Return To Dealer

    someone told him there is a 72 hour give back is this true
    No, there isn't a cooling off period when buying a car, unless the dealer grants that provision to the buyer. (They don't have to though.)


    so he took the van back to the dealer and left it there and he took the plates off and gave the plates back to the notary,But he also told me that the dealer took the keys from him does this mean anything.
    Maybe the dealer will let him return the vehicle. However, the dealer doesn't have to. The buyer is obligated to the contract that he signed.

    If the vehicle isn't paid in full, and the buyer doesn't make payments as agreed to, then the dealer could reposess. (Not hard to reposess, since the dealer now has the vehicle.) Then the dealer could sell the vehicle and if he gets less for the vehicle than what the neighbor contracted to buy the vehicle for, the dealer could hold the buyer responsible for the difference.

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Used Car Return To Dealer

    I know a guy that did this once (from the reposession side). He sold the plane in front of the guy he reposessed it from for $1. He then took the guy to court for the deficiency, WON the case, and slapped a lein on the guy's 1/4 million dollar home. (At that time $252k was a LOT for a house).

    The 3 day right of recission usually only applies for mortgages and some things bought through the mail or from door-to-door salespeople. Sometimes it is written into financing contracts for things like vacuum cleaners (Kirby used to have this in their financing contract for a while, but later dropped it).

  4. #4
    Join Date
    Sep 2006
    Posts
    211

    Default Re: Used Car Return To Dealer

    Quote Quoting usedbranflakes
    View Post
    I know a guy that did this once (from the reposession side). He sold the plane in front of the guy he reposessed it from for $1. He then took the guy to court for the deficiency, WON the case, and slapped a lein on the guy's 1/4 million dollar home. (At that time $252k was a LOT for a house).
    What state was this in? I have heard this urban legend countless times, but I have not found a state yet where this holds up. Of course, you are speaking of something in the past, so it is quite possible that this did occur, however, it would not hold up today.

    If you repo a vehicle, you cannot pick who you sell to. You have to have at least a handful of verifiable bids, or a public auction in every state I have run into this type of thing with.

  5. #5
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Returning A Used Car To The Dealer

    The debt was being collected by an agency that had offices in WV, OH, GA, and TX. My manager, also a pilot, heard the N number on the radio and caught it. He did mention auctioning it off for $1; no one bid over that dollar, he could not bid and the debtor count not bid. ...and the airport in Ohio only had a few people there.

    ...and you know pilots. If someone buys it for $1 then they are likely going to sell it back to the debtor for $1. Flying is a small community. That sale, however, does not absolve the lein that was pursued.

    It would have been prior to 1991.

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