What Legal rights do I have &can I take him to Small Claims court? Bought car,he shut down,have warranty,no title/tags,brokedown

Asked over 1 year ago - Vancouver, WA

Bought car 2/2/2013. Doing in house financing. Owe $500. Have 50/50 warranty meaning I pay for car parts and they pay for the work. They gave me a trip permit because out of state plates. Already expired 3/19. They said they would fix problem with car when I bought it. Kept taking it in but they were always to busy. 3/5 went to their car lot again & they had a note on the window saying they wouldn't be open till 3/11 cause they were having employee problems and possible theft. Went in on 3/11 a
& they were cleaned out. Went to DMV. They didn't know about him closing down. They finally got a hold of him 3/18. He said he was going to bring in title that day but didn't. She told him to call us and he didn't. Went to car lot and luckly he was there. He said he still needs to get title from....

Additional information

auction place. He said he couldn't fix car cause he no longer has a machanic. I let him know I can't drive my car any more. Let him know I took it in to have checked out and gave him review I got from machanic. It will cost $2500-$3000 to fix. I made sureI got his #. He said give him 3 days to get the title. This was on 3/19. I waited 3 days and gave him a call 3/23 and everyday after that. He called me 3/26 to let me know I was 6 days late on my car payment. He said I have to pay him by the next day plus he charges $25 per day your late. Or he will come repoe my car. Looked on the contract and that is not on there any where. And he still didn't have the title. I work next to the auction place so I went in and try to see what is going on. Something didn't feel right. Why is he taking so long to get the title. They said he didn't pay them and they took copies of all my receipts and paperwork. Please help me. I need to know what all actions I can take. Thank you

Attorney answers (2)

  1. Scott Richard Kaufman

    Contributor Level 20

    2

    Lawyers agree

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    Answered . Often if you've financed such a purcahse the bank may be on the hook for dealer's bad acts. I see you went "in house" which may give you a shot at the dealer principal, maybe. Also, most dealers must have a bond, by law, so, there may be coverage there too.

    Try for a no or low fee consultation here:

    http://www.calemons.com/national-locator/

    http://www.calemons.com/

    http://www.naca.net

  2. Ronald Lee Burdge

    Contributor Level 20

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    Lawyer agrees

    1

    Answered . Your situation is such a mess that frankly you need to talk to a local car sales fraud lawyer near you so you can be sure that your next step is the right one. Your state Udap law may also entitle you to make the car dealer pay your attorney fees and most lemon lawyers handle cases like this without requiring you to pay them for their time. For a Free Online 50 State National List of Consumer Law Lawyers, click on the link below 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). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. 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 give a “Vote UP” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com

    Did a business treat you unfairly? See what your Udap rights are to protect yourself, click here
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    For a Free Online 50 State National List of Car Sales Fraud Lawyers, click here
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    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your... more

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