(HELP) What are the laws in my favor for buying a LEMON CAR ?
I think I bought a lemon car (Rx8) yesterday can someone please help?
I went in picked out a used 2004 Mazda RX8 flawless in every aspect, test drove it fully loaded though it was a good deal for my trade in of my saturn ion. Called Navy Federal Credit Union and got a loan to start processing and it takes 24 hours to get an approval. Well the manager of the car lot got me in the car over the weekend filled out all the paper work to buy the car and what not and said to me with my roomie sitting next to me if the loan does not go through or I do not want to accept the finance rate other then what i was quoted I do not have to accept the loan and we trade vehicles back I get my saturn he keeps the Mazda Rx8 back. I drove off the lot to go home and 20 mins on the road the Mazda breaks down smoke pouring out of the engine bay and sputtering for a total loss of power and several misfires.
I do not think there is a used lemon law in florida HOWEVER seeing as I called the loan company 2 hours later and canceled the loan from processing I do not have to buy that Mazda Rx8 still do I ? I called them this morning , texted them and emailed them to let them know "The loan did not go through I am coming back for my saturn in the am" seeing as there was no exchange of money can I still get my saturn back ?
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THERE IS ALSO NO USED CAR LEMON LAW IN FLORIDA I DO NOT BELIEVE.
Well I think the manager has to give me back my saturn…there was no exchange of funds to anyones hands. I cancelled the loan before it went through and the dealer sat there and told me if the loan does not go through he just wants the rx8 back.
IF I CANCELLED WITH THE LOAN AGENCY AND TOLD THE CAR LOT WITHIN 24 HOURS I STILLL SHOULDNT BE FORCED INTO THE DEAL CORRECT? THE MANAGER SAT THERE AND TOLD ME AND MY ROOM MATE IF I DONT WANT THE CAR AFTER THE LOAN DOESNT GO THROUGH HE JUST WANTS THE RX8 BACK….
I didnt wreck anything… cars just dont break down while you drive them unless it was an intermident problem they knew about. Thats shady I was just driving home and there stupid car fucking broke down on me that i was BORROWING for the weekend. THERE WAS NO EXCHANGE OF MONEY i am getting my car back.
Consumers have rights too..i guess im speaking to all the used car salesman today that arent at work because you all sound the same… none of you think its fishy the lot let me drive away with a car that breaks down 20 mins later… I just called the us bank the financing company for the saturn and the car is still legally mine… So i guess im going to get MY saturn ion tomorrow.
You are under NO obligation to buy the RX8 since you canceled the contract before it was funded. But did you tell the C/U why you wanted it canceled? And did you call the dealership immediately after the smoke poured out from the engine bay and quit running? Did they let you drive the car over the weekend on a BCA (Borrowed Car Agreement)? Or did you take it after you signed a Option Contract?
Hopefully, you did tell the C/U why you wanted to cancel, you called the dealership right after it happened. And you took the car on a BCA, not an Option Contract. Otherwise, you’ve got a real nightmare on your hands.
There is no lemon law for used cars. But there is a common knowledge law that protects consumers on products purchased from businesses. It’s not written, but can never-the-less help you. It’s common knowledge law that it’s expected that a product will perform reasonably after purchase. 20 minutes is not considered reasonable.
You’re not obligated to buy the RX8. And the dealership must give you your Saturn back. But it will all be a lot easier if you did those three things I mentioned. If you didn’t do them, you may have to hire a lawyer if the dealership balks at it. Good luck.
Look at it from the dealer’s point of view. You got the car. You wrecked it. Why should he give you back the trade-in, or not have you fulfill your contract?
There is a difference between a loan not being approved and a loan application being cancelled.
If the dealer does agree to take the Mazda back you better hope he does not hold you responsible for the problems with the Mazda.
There are no laws in your favor when you buy a used car. The rule of law is "caveat emptor’. If you’ve never heard of that, it’s Latin for "buyer beware". It means it is the buyer’s responsibility to determine the condition of a vehicle before buying it and to validate any and all claims made by the seller before buying it.
Look, you can’t enter a contractual agreement with a dealer to buy a vehicle and then go behind the dealer’s back to cancel the financing. That’s not acting in good faith and it may be a fraudulent act. If the dealer finds out from the lender that you canceled the financing, he may play hard ball with you. Ultimately it all depends on what you signed. Text messages are not a valid means of conducting business like this. You do it in person or by registered mail.
You authorized the transaction once you autographed on the dotted line, so there is NO turning back.
Welcome to the real world, where adult decisions have consequences.
But, IF the manager made you a deal in writing that you can return the car, who are we to argue. IN WRITING! IN WRITING! IN WRITING! Or it never happened.
Technically, you did NOT buy a "lemon" UNLESS it was stamped as a lemon on the title and lemon law buyback had taken place while the car was still under factory warranty. Otherwise, you are just blowing smoke.
Also, what made you an expert on cars anyway to where your test drive and only that should have made this decision for you?
Really.
I know my cars and trucks and would NEVER rely on my own starry eyes if I fell that in lust with a test drive!
Besides, those rotary engines are notorious smokers and very finicky, but you knew that and didn’t ask us about that first, did you? Nope.
Man, if I was EVER as stupid as you, someone should have bi%%ch slapped me !
It’d be in your best interest to rig that car someway to be able to drive it back to the lot and get your car back. However, if nothing was in writing about trading cars back if the loan didn’t go through, then its your word against his and he has the upper hand.
However, with all that said. There would be no way in hell I would take the car back from you. Look at it this way, say the dealer was driving you car and it broke down on him. What would you say to him if he asked for his RX-8 back?