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Old January 15th, 2009, 08:46 AM   #1
IDIeselman
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Default Buyers remorse?

Is there such a law? The wifes sister bought a POS car last night at 10:00 from one of the fresh start/we finance lots, Was pulled over on the way home to find there is still a lean from the previous owner on the title, The car overheated and had to be towed. The lot said it's yours you are not getting out of it, What are her options?
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Old January 15th, 2009, 08:49 AM   #2
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I would call one of the free lawyer help lines and ask them
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Old January 15th, 2009, 08:50 AM   #3
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Get a lawyer for sure. That has to be illegal without letting the person know. I'm sure that business could get into alot of trouble.
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Old January 15th, 2009, 08:50 AM   #4
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IMO if they sold her a car that wasn't legal for sale, it is the dealers problem.
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Old January 15th, 2009, 08:51 AM   #5
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Quote:
Originally Posted by IDIeselman View Post
Is there such a law? The wifes sister bought a POS car last night at 10:00 from one of the fresh start/we finance lots, Was pulled over on the way home to find there is still a lean from the previous owner on the title, The car overheated and had to be towed. The lot said it's yours you are not getting out of it, What are her options?
That is the part I could see some recourse on.

I agree, consult a lawyer.
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Old January 15th, 2009, 08:58 AM   #6
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How did the cop know it had a lien on it? Did it show it on the title it had a lien on it. When I sold my truck the original title still showed it had a lien on it but the bank had sent me a lien release letter.
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Old January 15th, 2009, 09:02 AM   #7
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How did the cop know it had a lien on it? Did it show it on the title it had a lien on it. When I sold my truck the original title still showed it had a lien on it but the bank had sent me a lien release letter.
He ran the vin, Was going to impound the car, I've done some searchin and she's pretty much screwed if the lean was lifted and not updated at the DMV.
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Old January 15th, 2009, 09:05 AM   #8
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He ran the vin, Was going to impound the car, I've done some searchin and she's pretty much screwed if the lean was lifted and not updated at the DMV.
ouch......that sucks!
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Old January 15th, 2009, 09:06 AM   #9
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Work with the dealer, they may take it back and sell you something else of their lot, if they don't want "negative press" Sob story to local TV or radio stations against them.

Happened to a kid here locally, they sold him a different car that he had checked out first by a dealer, she should have had the car checked first, but too late.
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Old January 15th, 2009, 09:49 AM   #10
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Just like everyone else said... call a lawyer. Might also want to get one of the local papers/ news stations behind you as well.

I thought Michigan had some law that required retailers to return ANYTHING up to 3 days after purchase though. Could have been a wives tale.
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Old January 15th, 2009, 09:56 AM   #11
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Isn't there a small window of time that a legal contract can be disputed after it is made (like 2-3 days) in cases of fraud and such like this?

Backstory: Friend purchases boat used, as-is, from a marina couple years back. Needed a new bilge pump, so the day after purchase we start the job. We find rotted pieces of the floor in the bilge, and serious damage to both the floor and stringers, under structure ect. , basically an unsafe boat. He has the contract he signed stating as-is, no warranty. He contacted a legal aid, paralegal or whatever friend of his and they mentioned some sort of grace period thing for contracts, and marina was forced to take the boat back and null and void the purchase contract.
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Old January 15th, 2009, 10:00 AM   #12
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pretty sure michigan has a 3 day right to return law....
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Old January 15th, 2009, 10:24 AM   #13
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pretty sure michigan has a 3 day right to return law....

I'm pretty sure that the 3 day rule applies if the transaction takes place at your house or not at a regular place of business where that business conducts its operations.

She could cancel the contract if she can prove either mistake or fraud in relation to the lien on the title.
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Old January 15th, 2009, 10:24 AM   #14
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Quote:
Originally Posted by IDIeselman View Post
Is there such a law? The wifes sister bought a POS car last night at 10:00 from one of the fresh start/we finance lots, Was pulled over on the way home to find there is still a lean from the previous owner on the title, The car overheated and had to be towed. The lot said it's yours you are not getting out of it, What are her options?

IIRC, the law is 3 days and she can probably exercise that just to get rid of the headache.

There is a bigger issue that may provide more leverage. The dealer has attemped to pass false title. They sold you something that was not legally theirs to sell. If they issued you a title or title application with her name on it, its not valid. Its not their car and its not her car, either.

If she wants to keep it, find out who the lien-holder is at the SOS and contact them. Sometimes they just aren't updated and the lein may actually be released. All you'll need is a letter stating such from the lein-holder and the sale paperwork to show the SOS.

I don't think you'll have an issue getting a refund from the lot after you point out the legal implications for the false title, especially after you tell them that the police are already due to the running of the VIN. I like Hemisilver's suggestion of just taking a different car, as it provides a hassle-free "out" of the situation for the lot as well.
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Old January 15th, 2009, 10:27 AM   #15
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yup, get a lawyer. try to talk em into a more expensive car, at the previous cars price. may be worth it.
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Old January 15th, 2009, 10:52 AM   #16
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Old January 15th, 2009, 11:17 AM   #17
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3 day return is only if you were solicited to buy the product and never set foot on the business' property.
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Old January 15th, 2009, 11:29 AM   #18
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3 day return is only if you were solicited to buy the product and never set foot on the business' property.
Do you have a link to it? I'd like to understand it better. I don't recall exactly, but I think I recall a loan officer actually telling me I couldn't have the money for 3 days and I was in the office with them.
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Old January 15th, 2009, 12:34 PM   #19
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Was the lein from the auction they bought it from? Some dealers floorplan their cars. And if it says AFC as lein holder, that is legit. If it says something like Westlake Financial, that is not legit.

The lein could be in place but they may have received satisfaction from the leinholder when they purchased it. But the dealer has 14 days to transfer it into her name.

In other words, it could be legit. But if she bought it as-is, and never test drove, it is basically her problem now. However, most dealers WILL address an issue like that which occured day after the sale. She could do a small claims case against them if they do nothing. But I am willing to bet that if she went into the office with a nice voice and kindly asked for their cooperation, I bet they will give it.
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Old January 17th, 2009, 04:08 AM   #20
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lemon law.......
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