Ask Me Help Desk - GA car repo law

Deposit is a deposit... they are non-refundable... neither is anything you put into them... that's considered maintenance and non-refundable. You can't get what you sent in gas and oil changes either.

Then if you wanted to keep the car and not forfeit that money you should have gotten alternate financing. Not doing so put you in breach, and they were willing to cut their losses and call it even. You should too. This incurred expenses on them... they don't work for free any more than you do.

If your husband put fraudulent information on the finance papers... like he had a valid license when he didn't. That could be considered fraud through deception... and that's worse than a repossession.

It really is in your best interests to quietly walk away and let it drop. You have more to lose than you have to gain if you push it.

My husband did not lie about having valid license. His license were valid when we purchased the car they verfied his license before selling us the car. His license only became invalid months after buying the car due to tickets out of state which was taking care of. As far money spent it was not on maintenance it was on repairs that was made after having the car for a week. Major repairs $1800 worth of repairs

Under the bailment agreement agreement we signed it states " if credit approval of buyer is denied by a financial institution or if any other default occurs prior to transfer of the title of the vehicle to be purchased, dealer shall be entitled to immediately rescind the sale of the vehicle to be purchased. Buyer agree to voluntarily and immediately return the vehicle to be purchased to dealer. A cancellation fee of one hundred and ninety five dollars ($395.00) will be assessed at that time."

This is exactly what the contract says and it was written in two different amounts of a cancellation fee.

Quote:

Originally Posted by tearia1999

my husband did not lie about having valid license. His license were valid when we purchased the car they verfied his license before selling us the car. His license only became invalid months after buying the car due to tickets out of state which was taking care of. As far money spent it was not on maintance it was on repairs that was made after having the car for a week. major repairs $1800 worth of repairs

He knew he had those tickets... he knew they would cost him his license... he didn't disclose that at the time, he withheld that information.

Repairs ARE maintenance. Just as tires, oil changes and running the car through the car wash are. Everything spent to MAINTAIN the vehicle in good operating condition is maintenance... and all vehicles have that expense.

And you failed to address why you didn't get alternate financing when you was notified.

Quote:

Originally Posted by tearia1999

under the bailment agreement agreement we signed it states " if credit approval of buyer is denied by a financial institution or if any other default occurs prior to transfer of the title of the vehicle to be purchased, dealer shall be entitled to immediately rescind the sale of the vehicle to be purchased. Buyer agree to voluntarily and immediately return the vehicle to be purchased to dealer. A cancellation fee of one hundred and ninety five dollars ($395.00) will be assessed at that time."

this is exactly what the contract says and it was written in two different amounts of a cancellation fee.

And nowhere in it does it say you would be reimbursed for anything you put into the car... is there?

Nowhere does it say the deposit would be returned either... you will forfeit the deposit AND pay the $395 cancellation fee. And anything you put into the car isn't reimbursable either.

Now are you ready to pay your lawyer... AND their legal fees when you lose? Or are you going to consider this a learning experience... and cut your losses before you make those losses even bigger? Because those legal fees can easily far exceed what you lost so far.

Contracts are very specific things. Nothing is implied... nothing is assumed. That's why they are so long and so hard to read... legalese has very specific meanings without room for interpretation for a reason.

My advice is walk away... you are better off at this point to forget it all and move on.

Thanks for your advice, but I'm going to take my chances, As long as I had valid licenses they had no right, because there are many cases where there are two people on a car loan and one have license and the other don't, but one person has more income to qualify. I have had several attorneys look over all my paper work from both the dealership and the finance company and they spoke to the manager at the fiancé company. They do this for a living and the dealership has an F with the BBB and so many complaints. Yes, I made a mistake by not doing my research, but this was a lesson learned. As far as my husband having tickets out there no he didn't because these were tickets back in 2005 and they are just suspending his licnese for them. His court date for the tickets was back in Sept 2005, but hurricane katrina happened and of course there was no court date. He checked on that ticket in 2006 and 2007 and he was told he had no outstanding tickets. He found out his license was suspended when we changed insurance companies.

SO, if its waisted money so be it, I will take my chances because I feel like they had to grounds and why find someone else to finance it and have to put more money down or they have some shady stuff going on with them. Again thank you.