04-19-2006, 05:51 AM
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#1
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Registered User
Join Date: Jun 2004
Location: Des Moines, IA
Posts: 8,083
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First off, check your paperwork and see what it says. You may or may not have recourse spelled out in there. Warranty, right to return, arbitration, appeals etc.
Secondly, check out the DMV regs in the state your purchased the car. The state regs may have something in there to help you out.
Undoubtedly, you paid with a bank check or certified check. If you DID pay with a personal check, I would NOT stop payment on that. In some states, that is considered to be fraud or similar felony and it puts you in the hole legally right off. You don't want the sheriff at your door with an arrest warrant.
I would NOT repair the car until you at least TRY to return it or other legal means to get satisfaction.
And, yes, did you get a PPI????
Best of luck.
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Rich Belloff
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04-19-2006, 09:23 AM
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#2
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Registered User
Join Date: Feb 2005
Location: Chicago
Posts: 283
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You didn't buy this car sight unseen, did you? Just curious...not trying to be mean or anything.
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2000 Porsche Boxster S
2007 Lexus RX350
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04-19-2006, 12:20 PM
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#3
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Porscheectomy
Join Date: Mar 2006
Location: Seattle Area
Posts: 3,011
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[QUOTE=Brucelee] If you DID pay with a personal check, I would NOT stop payment on that. In some states, that is considered to be fraud or similar felony and it puts you in the hole legally right off. You don't want the sheriff at your door with an arrest warrant. [QUOTE]
It's only illegal if you don't have the funds when the check is written. It shouldn't be illegal to stop payment on a good check.
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04-19-2006, 12:38 PM
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#4
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Registered User
Join Date: Sep 2005
Location: Los Angeles, CA
Posts: 1,431
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[QUOTE=blue2000s][QUOTE=Brucelee] If you DID pay with a personal check, I would NOT stop payment on that. In some states, that is considered to be fraud or similar felony and it puts you in the hole legally right off. You don't want the sheriff at your door with an arrest warrant.
Quote:
It's only illegal if you don't have the funds when the check is written. It shouldn't be illegal to stop payment on a good check.
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This is true it is only illegal if you do not have the funds for the check. You have every right to stop payment especially with your circumstances. I honestly wouldnt put up with going back and forth with the dealer...Make the stop payment and go drop the car off in their lot. Believe me they will come crawling back to you....its been done
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http://i46.tinypic.com/2qx0rqs.jpg
2001 Boxster Artic Silver / Black Interior
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04-19-2006, 02:52 PM
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#5
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Registered User
Join Date: Jun 2004
Location: Des Moines, IA
Posts: 8,083
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[QUOTE=blue2000s][QUOTE=Brucelee] If you DID pay with a personal check, I would NOT stop payment on that. In some states, that is considered to be fraud or similar felony and it puts you in the hole legally right off. You don't want the sheriff at your door with an arrest warrant.
Quote:
It's only illegal if you don't have the funds when the check is written. It shouldn't be illegal to stop payment on a good check.
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It is in this case. The car is sold when it is sold. If you pay me for the car and then you cancel it willingly, you have taken my car and have not paid for it.
His legal recourse is governed by the laws of that state. I doubt they allow someone to unilaterally withdraw payment or void the sale.
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Rich Belloff
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04-19-2006, 02:58 PM
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#6
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Registered User
Join Date: Jun 2004
Location: Des Moines, IA
Posts: 8,083
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Lets cut the speculation. Depending on the contract and the laws of the state, this buyer either has rights or not. He may be stuck or he may be in good shape, we can't tell without the info, which only he has.
Now, if the dealer sold him a car with a personal check, the dealer is a moron! I know of no dealer that will take a personal check of this amount but I suppose that there are some.
Hence, there is no check to stop payment on. If you go to your bank and ask them to stop payment on a bank or cashier's check, they will simply laugh at you. That is why sellers want a bank or cashier' check. It IS as good as cash, as long as it is not a fake (this happens sometimes).
The post above is partly correct. A new law in CA allows a three day cooling off period for cars sold for under $40K. There is a charge which can be quite hefty for this return but it now can be done.
For cars over $40K, there is no cooling off period.
I only deal with cars that well for over $40K. Can you tell why?
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Rich Belloff
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