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Do I owe for my car....legally?

Fairhaven, MA |

I bought a car thru a dealership that offered buy here pay here. They got me a finance co. that approved the loan. Have made 4 pmts. of $300. Just rec'd notice from finance co. that they never received the title from dealer. Dealer wants me to bring my regist. or ( if I have the title) to them. Have been fighting with dealer to fix the car since day 2, minimum done. What should I do? Do they have the right to repo., hate the car, but don't want to be out the $1700. + $1200. I paid for down deposit + pmts. Do I legally own the car if I have the title? Do I have to pay since the loaner says he will no longer finance me without the title. Afraid it will cost me more in the future for either financing, or repairs.

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Attorney answers 2


Sorry you are having problems with the car. You should send the title to the creditor. They have the right to file a replevin action. You legally own the car. The creditor would only be a lienholder. You have the pay the loan because you signed the contract.

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Your primary concern should be working things out with the lender. The fact that you are having problems with the car will not matter to the lender, that has to be worked out with the dealership. Massachusetts has a lemon law for new cars and used cars so you may have a claim against the dealership under the lemon law. Also, if the dealership did not turn over the money it was supposed to give to the lender, you could have a claim against the dealership for that as well.