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I bought a car with my American Express card, it is a lemon, what are New York state's lemon laws

Bought a car on a American. Express card. It now turns out to be a lemon. The car is used and after several attemps to rectify the issue with the dealer I had Amex issue a dispute. The dealer never responded so Amex passed a judgement on my behalf and refunded me the money. I know want to give the car back and the dealer won't take it. The police offered to go with me to drop the car off. I realize I can't have the credit and the car. Where do I stand.

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Attorney answers (2)

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Reputation Level 17
Patrick has a good idea about checking for the dealer's registered agent and sending them a demand letter. I also agree that you should talk to a local Consumer Law lawyer near you to find out what your legal rights are for sure. Ask if you can put the vehicle in your garage and charge storage against the dealer. You probably have to send them a demand that they pick it up or that you will begin to charge storage after a date a reasonable time in advance after your letter, may be 30 days. Make sure your storage charge is reasonable too. You might want to call up the dealer's service department and ask what they charge for storage if a customer doesn't come pick up their vehicle on time, then you have an idea what the dealership itself thinks is a reasonable rate. Then, if they don't pick up the vehicle, you can probably start charging storage and let it mount up until it is a large enough amount to justify selling the vehicle to pay the storage charges with. Who knows -- the purchaser at your own auction might turn out to be a relative willing to fix it up if they get a good deal at the auction. All this sound familiar? It is pretty much exactly what a car dealer would do to you if the shoe were on the other foot, so to speak. But you want to make sure you do it "legal." You need to talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud), so don't do anything without talking to a local Consumer Law lawyer first. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. Don't bother talking to a general practice lawyer because "Car Law" is a special area of law. You wouldn't see a dentist for a broken foot, so try to find a Consumer Law lawyer near you to discuss this with. Or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-loca...) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please check the box below.
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Reputation Level 12
Please seek the advice of a local attorney. You may want to determine who the registered agent is for the dealership if it is incorporated and write that registered agent advising that you are tendering, giving back ,the vehicle. If the company is not incorporated you can write the owner. Send your letter certified return receipt requested and hopefully you will get a response. Perhaps the dealer knew that the vehicle was a lemon and really does not want it back! I wish you the best.
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