Need Help Filing Suit Against Used Car Dealer?
I'll try to keep it short. Nearly a year ago I bought a used car from a Buy Here, Pay Here dealer. I made my payments, car ran good, everybody happy until the car broke. Timing chain broke, bent valves, really bad. I talked to dealer, and he convinced me to sign a goodwill agreement, stating that he would try to fix, but no guarantee fix would work, the car is still AS-IS, no guarantee there would not be additional damage, he would not pay for rental, etc... Month later, I get the car back, and it runs good. Thing is, he tried to surprise me by saying he wouldn't charge me this month, and gave me a receipt showing that I paid for this month, when I had not. That wasn't agreed to in the agreement, and FTC says that you can sue a dealer for fraud if the dealer misrepresents or omits material facts. I still have the receipt as evidence. I went to court and got paperwork I need for small claims. Said I can sue for damages (X1) + punitive (X3), for a total of 4 times the damages. So I owe 8,700 and my payments are $420 a month. So what can I sue for, my balance X4 which is $34,800? Or just that one payment, X4 which would be $1,680? I know I wouldn't be able to get the $34,800 because the limit in Nevada is $10,000, but I want more than just the $1,680.
The dealer misrepresented my payment, which according to FTC is grounds for fraud. I have the evidence. I just want to fill out my complaint right so I have no problems when I file it with court. I just need to know what to put in the box for what I'm seeking in damages.
I'm not suing for the repair, I'm suing for the misrepresentation of my supposed payment
The dealer put in my record a payment that doesn't exist, we didn't agree to that. He didn't waive payment, he's a new dealer, he's like 19 or 20 yrs old, said he doesn't know how to waive payment, so he would do next best thing and just put in system that I paid, and gave me a receipt with a cartoon-ish grin.
- Badge 203Lv 58 months agoFavourite answer
You are a true piece of work, and your so called get the car for free with some money will get you and your claim thrown out of court and if he has to hire an attorney, you will be paying his lawyer fees as well
He fixes your car for free which he didn't have to do), you yourself said it is running fine, then he gives you a free month with no payment and you want to sue him?
You drove the car for a year with no problems (he has no idea how you drove it or took care of it), he agreed to fix it for free, you got it back with no issues, then he throws in a month with no payment due and you think you have a law suit?
You are why the court system is jammed up, stupid a+ss lawsuits like this.
You have no law suit skippy, but he may have one against you for his lawyer fees, and his is stronger than yours by about $10,000
- LLv 48 months ago
First of all, a car lot (used or new) NEVER holds a car loan contract. The, car loan contract, is probably with a bank or a credit union....therefore, your payments must be paid. Your car payments have nothing to do with repairs.
- Anonymous8 months ago
I have not laughed so hard in days at a baffoon who sues because a dealer gave him a break for his trouble! Hopefully a judge will not throw you out by the seat of the pants and just laugh your asss out!
Are you for real or just a troll?
- 8 months ago
met a Lawyer and do what you want
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- Nekkid Truth!Lv 78 months ago
You sue for your financial losses.. Which was $0.
- Common SenseLv 78 months ago
Thank you so much for the belly laugh. I really needed that.
Fraud was not committed, as he did not misrepresent the vehicle itself.
You have one hell of a cockamamie idea there , buddy.
Can you say "frivolous lawsuit?"
I think we can agree on one thing, as you stated, you do need help.
- STEVEN FLv 78 months ago
Nearly a year ago I bought a used car from a Buy Here, Pay Here dealer.
You ALREADY LOST.
the car is still AS-IS
Yes, and that is WHY you can't win.
FTC says that you can sue a dealer for fraud
No, they don't and you can't prove you didn't write that SO CALLED receipt yourself.
- curtisports2Lv 78 months ago
You can't sue for anything. There was no warranty on the vehicle, before the initial problems and after the fix was made - according to your own words 'the car is STILL as-is'.
How in the world is he committing fraud by giving you a break? He told you he wouldn't charge you for one month. He was not legally obligated to do that, but he did it. Free money. And to avoid any possibility of a later mix-up, should someone else at the dealership say, "Hey, this guy didn't pay for that month," YOU have the receipt to prove that the month was paid for. That's NOT fraud. That's doing you a huge favor. You haven't been damaged in the slightest.
Update to your update: Thank you for making my point for me - 'And to avoid any possibility of a later mix-up, should someone else at the dealership say, "Hey, this guy didn't pay for that month," YOU have the receipt to prove that the month was paid for.' - with this:
'He didn't waive payment, he's a new dealer, he's like 19 or 20 yrs old, said he doesn't know how to waive payment, so he would do next best thing and just put in system that I paid, and gave me a receipt'
- EvaLv 78 months ago
Let me get this straight. You want to sue the car dealer because he credited you for the month your car was in the shop? You stated that you have the car back and it is working. Exactly what are your damages? If you don't have any damages, you have nothing to take him to court for.
- JeffreyLv 78 months ago
Sorry, but it is unclear what your damages are. As I read this, the dealer fixed the car and instead of charging you he waived one month's payment. How does that hurt you?
- KjelstadLv 68 months ago
You are claiming that making your payment for you is fraud?