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Ratings. Guidance. The Right Lawyer.
Can a used car dealer who does in-house financing keep personal items that are inside of a repossessed vehicle?
Yakima, WA
Viewed 630 times.
Posted about 1 year ago in Lawsuits / Disputes
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We were buying a used car from a privately owned used car dealership that does in-house financing. We were told that we didn't have to pay the down payment if we paid just a bit more per month, and the overpay would go toward the down payment. They dealer has been working with us kindly up to now, and even promised that he would NEVER repo the car, and would work with us on payments. Recently, we were a bit late on a payment, but not too late. We were still within the grace period, as far as we know.
Last night, we came home from grocery shopping and accidentally left some groceries in the car. My husband went out to get them, came back in and said that the car was gone. He walked to the dealer's house, to see if there was a problem and a repo so that we didn't need to call the police on a theft. The dealer said yes and that the next day if we came by the dealership, he'd let us get our belongings. When my husband went to get our things, he was told then that he could only get his work tools but not our other personal items which include our kids' car seats! However, he said that he legally has to give us 20 days to try to regain the vehicle by paying two months' worth plus repo fees. My question: CAN HE LEGALLY KEEP US FROM GETTING OUR PERSONAL ITEMS FROM THE CAR? We have small children and need the car seats, plus we have CD's and some of our kids' toys that they accidentally left in the car, etc... What are OUR rights here?
Additional information
We have all receipts of pay up to this point on the vehicle showing that he accepted payments and how much we paid. Answers (2)
John W. Carini
This attorney is licensed in New York and 1 other state.
Posted 3 months ago.
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While I am not aware of the specifics of WA law, in all jurisdictions that I am familiar with, the answer is NO, they can not keep your personal items, if they are truly "personal items." The big issue tends to be things like aftermarket car stereos that are installed. The question then is are they part of the car, or are they the personal property of the user. It is a grey area, but would depend on things like, is there original car stereo still available and can it be reinstalled without visible damage to the car? If, yes, then a better chance to recover then if the answer is no. Although the past "owner" would likely have to pay for the cost of installing and uninstalling the units. But things not attached to the car, or part of the car, (like the spare tire or owner's manual), are generally personal property and unless they car seats were permanently installed, (bolted to the frame instead of merely buckled in), then I can not imagine that they are anything other than personal property. How long does the seller have to grant you access, state law may say, or it just may be within a "reasonable period of time." Calmly but firmly explain the necessity of the car seats for your children's safety and tell the seller that if he doesn't give them back pronto he will be on the hook for one of two things. either a) the cost of new seats that you were forced to buy to "mitigate" your damages and comply with the child-seat laws or b) potentialy HUGE liability if your children were hurt in an accident without their car seats. (Although the law would say you should replace them and then go after him for the cost, if you simply had no money, etc. this is a distinct possibility and should scare the heck out of him, but YOU shouldn't count on it, and besides, what good is money if your children are seriously hurt.) Consult a local consumer protection lawyer and hopefully you will get all of your property back and something extra for the violation of law in the meantime. By the way, his oral promise to never repo the car is meaningless and unenforceable if there was a written contract that said otherwise, which I am sure is the case. Good Luck.
John W. Carini
This attorney is licensed in New York and 1 other state.
Posted 3 months ago.
Flag as objectionable
While I am not aware of the specifics of WA law, in all jurisdictions that I am familiar with, the answer is NO, they can not keep your personal items, if they are truly "personal items." The big issue tends to be things like aftermarket car stereos that are installed. The question then is are they part of the car, or are they the personal property of the user. It is a grey area, but would depend on things like, is there original car stereo still available and can it be reinstalled without visible damage to the car? If, yes, then a better chance to recover then if the answer is no. Although the past "owner" would likely have to pay for the cost of installing and uninstalling the units. But things not attached to the car, or part of the car, (like the spare tire or owner's manual), are generally personal property and unless they car seats were permanently installed, (bolted to the frame instead of merely buckled in), then I can not imagine that they are anything other than personal property. How long does the seller have to grant you access, state law may say, or it just may be within a "reasonable period of time." Calmly but firmly explain the necessity of the car seats for your children's safety and tell the seller that if he doesn't give them back pronto he will be on the hook for one of two things. either a) the cost of new seats that you were forced to buy to "mitigate" your damages and comply with the child-seat laws or b) potentialy HUGE liability if your children were hurt in an accident without their car seats. (Although the law would say you should replace them and then go after him for the cost, if you simply had no money, etc. this is a distinct possibility and should scare the heck out of him, but YOU shouldn't count on it, and besides, what good is money if your children are seriously hurt.) Consult a local consumer protection lawyer and hopefully you will get all of your property back and something extra for the violation of law in the meantime. By the way, his oral promise to never repo the car is meaningless and unenforceable if there was a written contract that said otherwise, which I am sure is the case. Good Luck.
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