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CanI legally get out ofan auto purchasecontract if I’vevirtually never had the use of the car due to repairs?

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CanI legally get out ofan auto purchasecontract if I’vevirtually never had the use of the car due to repairs?

I bought a used car over a month ago and the same day I noticed the doors did not close properly so I took it back. However, I still don’t have my car back. The car note is due. Do I have to pay the car note even though they have the car?. Also, I’m afraid that something really wrong with this car if it takes over a month to fix the doors. Can I legally get out of this contract now?

Asked on March 13, 2012 under General Practice, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the issue. You probably purchased this motor vehicle "as is." If you did, the dealership doesn't even have to make repairs. If you bought it with a warranty and the dealership is the lender, then you need to check into a few things. Make sure the dealership is licensed to lend money to finance a car (check with your state's financial department). If the lender is licensed to lend money for a car loan and the lender is the dealership, talk to them about delaying your note because of the extensive time it has taken them to make repairs. Explain that you cannot be expected to pay for a motor vehicle newly purchased that you have had no use of in the interim. If the entity is not licensed to lend, you may have more wiggle room. As to the issue concerning the repairs, you may wish to keep all of your communications in writing and contact your county or town prosecutor's office or office of the attorney general to file a complaint.


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