Steve Moskos' Blog

The Car You Just Bought Was Repossessed by the Dealership. What Can You Do?

3/31/2022

You’re excited about your new car. You signed the paperwork, were handed the keys, and drove away from the dealership believing everything was in order. Because obviously, you wouldn’t have been given the keys and the okay to leave if everything wasn’t okay, right? You were told you were financed and even given the paperwork which you have in the glove compartment of the car. (Reminder: Take that into your house and review the documents to make sure they are all there.)

Then, fifteen days later, or maybe even longer, you get a call from the dealership telling you to bring the car back. What? What are they talking about? It seems the dealership was unable to secure financing so they need the car to be returned. They say they could possibly work out another deal, but until then, they need the car. But you have paperwork showing you were approved for financing. But that doesn’t matter, according to the rather brusque sales manager who is insistent that you return with the car.

But you’re not taking the car back, not when you have proof you’ve been financed. A few days later, maybe less, you walk out of your office at work to discover your car is missing from the parking lot. You call the dealership and are told they now have it in their possession. You were given the opportunity to bring it back but failed to do so. The dealership had no other choice but to repossess it.

Now what? You made a down payment the dealership is telling you is non-refundable which means you’re without the money and the car. You’re going to lose your job if you don’t have a way to get to work. But the dealership has cut off all communication with you. You’re officially on your own. You think there’s nothing you can do. But that’s not entirely accurate.

Depending upon all the facts of your situation, you may have recourse. Back in 2011, the Federal Trade Commission published a white paper “Deal or No Deal: How Yo-Yo Scams Rig the Game against Car Buyers” that details how dealerships work this type of scam, which is called a yo-yo transaction. If you’re in this situation right now, you may want to read the paper and ask yourself if anything in it sounds similar to what is happening to you. If the answer is yes, your next step should be to call a lawyer.

Now, that phone call isn’t a guarantee you’ll get your car back, but it’s the first step in being proactive. Don’t assume there’s nothing you can do until you’ve spoken to an attorney, specifically one familiar with consumer law.

What is a lemon vehicle?

3/20/2022

Way back in 1960, Volkswagen created an ad with the slogan “We pluck the lemons; you get the plums.” The ad was about the manufacturer’s high quality when it came to inspecting cars before they left the factory and focused on an inspector’s discovery that the chrome strip on the glove compartment on one car was blemished and had to be replaced.

Would that Volkswagen be considered a “lemon” in South Carolina? Under South Carolina law, a new car is considered a “lemon” when it has a manufacturing defect that affects the safety, value, or use of the vehicle. If that defect shows up within the first twelve months or 12,000 miles of a car’s purchase, whichever one comes first, then the manufacturer must fix the vehicle for free.

You can’t just arbitrarily decide your vehicle is a “lemon” and return it to the dealership expecting a full refund. Whether the problem you’re having with your car fits the above criterion is something a court would have to decide.

While you’re reading this, you might be thinking, what about my 2001 car that I just bought from the used car dealership? It needs a lot of repairs, and the salesman didn’t tell me about any of this. Doesn’t that mean the car is a “lemon”? Technically, yes, the car is a “lemon”, meaning it’s a bad car, but it isn’t a “lemon” under South Carolina law because it isn’t a new car.

Does that mean you have no recourse if you’ve purchased a used car? Not at all. An experienced lawyer knows laws that apply to used vehicles and can help guide you in the right direction. Just because you’ve purchased an “unofficial lemon” doesn’t necessarily mean you’re stuck with it.

So, whether you’ve purchased a new “lemon” or a bad car, talking to a lawyer is your best bet. The laws involving vehicles are complicated and can be quite confusing. It just makes sense to get advice from someone who has read and understands those laws.

If I voluntarily turn in my car, does it still count as a repossession?

2/21/2022

If you have a car payment every month that is getting harder and harder to pay, you might be considering turning the car into the bank and looking for something you can afford. Maybe you’ve read somewhere that if you give your car to the bank or finance company yourself, it won’t show up as a repossession on your credit report, which will help minimize the damage to your credit score.

Equifax defines repossession as “the seizure of property that usually occurs as a result of nonpayment of a debt.” Since you are voluntarily turning your car in, the bank or lending company doesn’t have to “seize” it, which many people think will eliminate the possibility of a repossession appearing on their credit. Unfortunately, that isn’t the case.

A voluntary repossession is essentially returning the vehicle you can no longer pay for to the lender before the lender has to expend the effort to take it, and by the time you reach this point, you are probably two or more months behind on your payments. That means, your credit has already been damaged as late payments will drop your credit score substantially. By surrendering your vehicle, you are facing the inevitable head on, but that surrender is still considered a repossession. And, though it may be listed as voluntary on your credit report, it still carries the same weight as a regular repossession.

On top of that, once you turn your vehicle in, it will be sold at auction, and if the car doesn’t sell for what you owe on it, that remaining deficiency balance will be your responsibility. So, either voluntary or not, a repossession may cost you much more than just bad credit.

Consider all your options before making this decision. Wallethub provides a list of steps you can try that might help you achieve a better outcome than just by handing over the keys.

5 Tips to Choose a Cheaper Car to Insure

4/18/2021

Expenses with a new car can add up quickly. Car insurance is one thing that everyone has to have, but there are ways to cut the costs which are based on three things – your personal demographics (gender, age, driving history), where you live, and what type of car you purchase.
Check out our tips below to find a vehicle that will be less expensive to insure.

Check the Safety Ratings of the Vehicle
To really save on car insurance, it’s best to purchase a car that has a high safety rating. Vehicles that have more safety features are more likely to qualify for lower premiums and discounts. Be sure to look for recalls on any vehicle you are considering, as some insurance companies won’t insure cars that have recalls on them.

Safety ratings for cars are easy to find. Five stars is the highest safety rating, and one is the lowest. Remember that insurance companies also consider how much damage your vehicle could cause to another car which could increase your liability premium.

Avoid Sports Cars
Any car that has a high performance engine and other speed features are higher to insure. Insurance companies consider you to be more of a risk on the road, as drivers with sportier cars tend to drive faster and be in more accidents. Also, sports cars cost more to replace and repair.

Avoid Luxury Vehicles
Expensive luxury vehicles always have higher insurance costs. The very high repair and replacement costs can increase your insurance premiums significantly. Models such as Rolls Royce, BMW, and Mercedes-Benz have the highest collision and comprehensive insurance losses.

Be Aware of Popular Models among Thieves
How likely it is that your vehicle could be stolen is also plays a role in what you will pay for insurance. Certain vehicles are more popular among thieves. In 2019, the five most stolen vehicles were the Honda Civic, full-size Chevy trucks, full-size Ford trucks, the Honda Accord, and the Toyota Camry.

Compare Insurance Rates before you Buy
Once you have narrowed down the list of cars you like, contact your insurance company and get insurance quotes on each of them. Insurance costs can vary by a few hundred dollars a year depending on the vehicle you purchase. Always shop for insurance the same way you shop for your new car.

While researching your next car to buy might be time-consuming, you could save a lot of money in premiums each year.

Three Vehicles Consumers May Want to Avoid

3/29/2021

Purchasing a new vehicle is an exciting time, but it can also be very nerve wracking. No one wants to spend a large amount of money on a car that may be unreliable. Consumer Reports magazine has a long history of sharing opinions on vehicles. They recently released their ratings for 2021 vehicles. The following three vehicles had low ratings.

2021 Volkswagen Atlas

There are many mixed feelings about the Volkswagen Atlas. People who have purchased one have reported problems with the climate system, engine minor, exhaust system and the emissions system. Volkswagen’s usual warranty is four years/50,000 miles but because of the known issues, many who purchase it also purchase the extended warranty to have protection for 150,000 miles or up to ten years.

The Atlas does have a huge cabin space and an exterior that is very stylish. However, the concerns with reliability are keeping many buyers wary of purchasing one. Consumers who are looking for this size of vehicle are choosing a Kia Telluride, Mazda CX – 9 or a Hyundai Palisade instead.

2021 Chevy Silverado 1500

The Chevy Silverado and the GMC Sierra both scored the lowest possible score on the Consumer Reports rating scale. Both models have had reported problems with in-car electronics, both major and minor issues with the transmission and engine, brakes and the drive system. Consumers looking for a new truck may want to check out the Ram 1500 or a Toyota Tundra. Both of these trucks have high reliability ratings.

2021 Subaru Ascent

The Subaru Ascent has widely different ratings. It is considered the safest mid-size sports utility vehicle and is a very comfortable on both trails and paved roads. However, the reliability issues worry many potential buyers.

Transmissions problems, in-car electronic issues, problems with the climate system, steering and suspension have all been reported by consumers. For those wanting a SUV of this size, a Toyota 4Runner or the Subaru Outback might be a better choice.
The ratings these models received are based on information gathered by Consumer Reports from people who have purchased the vehicles. These are not personal opinions.

If you are having a problem with any of these vehicles, give us a call at 843-763-5297 or fill out the form on our contact page.

Should you Purchase a Car Online?

3/22/2021

Because of the pandemic, many purchases are being made online now, including vehicles. For many people, buying a car online is a better choice as they dislike negotiating with sales people. For others, the thrill of the hunt is better in person.
Before you decide to purchase your vehicle online, make sure you understand the dealer’s guidelines for purchases made over the internet and consider each of the following as you decide how to buy your next car.

Pros to Purchasing a Vehicle Online

The biggest reason many people are choosing to buy a vehicle online is convenience. It is simple to check a dealer’s stock when you have time and you don’t have to visit several dealerships to see what is available. Most dealers offer drop off options.
Shopping online also allows you to shop after hours.

If you are looking at dealer websites, you have a much larger variety. With online shopping, you can search a much wider area.

If you don’t like negotiating, online purchasing might be the best option for you. Most vehicles online have fixed prices and if you do try to negotiate, it is all done over the internet. You can also compare prices among dealers so you can make the best choice.

Cons to Consider Before Purchasing Vehicle Online

The risk of online scams is enough to keep some people from considering a purchase over the internet. If you do want to shop online, make sure you are looking at the website of a reliable dealership. Look for buying protection and avoid peer to peer payment services.
Dealers may not negotiate prices. If you love to get the perfect deal, you may not have that option shopping online.

If you want to finance your purchase through the dealer, your options may be limited, especially if your credit is not that great.

Test drives may not be available. If you are shopping online for safety from COVID, having to go to the dealership for a test drive might be a deal breaker for you. Some dealers are now offering to drop off vehicles at your home so you can test drive safely. Check the dealer’s website for their policy on test drives.

Only you can decide if shopping for a vehicle online is the best choice for you. Consider the dealers’ guidelines and prices, whether you definitely want to test drive vehicles and your own safety in making your decision. Also, remember that even if you purchase a vehicle online, you will need to visit the dealership or the lender’s office for paperwork.

If you are having a problem with you purchase, give us a call at 843-763-5297 or go to our website and fill out our contact page.

How has COVID Affected Lawyers?

2/23/2021

Like other businesses, law firms are experiencing huge challenges as they learn to adjust and adapt to the COVID-19 pandemic. Many areas of law are struggling while others are in high demand. With most courts closed, business is not going as usual.

When the pandemic first started, many law offices took precautionary steps to protect their staff and their clients. Travel was banned to hot spots, and employees were asked to work from home. When the crisis got worse, staff were let go; many support workers lost their jobs. Law offices were among those considered “non-essential” and had to close for several weeks.

Litigators and those who work on contingency cases were the most drastically affected by the pandemic. Since courts were closed, no hearings, trials, or depositions could occur. Those offices are still facing an uncertain financial future as the crisis shows no signs of ending soon.

Also affected are lawyers who specialize in business mergers and acquisitions. Their clients are too nervous about an uncertain future to make any large financial decisions. Businesses are waiting for the pandemic to be over before spending large amounts of money.

However, there are certain branches of law that are seeing a large increase in clients. Attorneys who specialize in insurance are needed to help clients understand coverage and exclusions. Employment lawyers are advising companies in regards to employee safety and layoffs. Attorneys who specialize in cyber security are in high demand now due to the number of businesses that are working remotely. These three types of attorneys are expected to be desperately needed for the foreseeable future even as the pandemic comes to an end.

Law firms are making changes to how they serve their clients while the COVID crisis goes on.
Many are serving their clients through video calls and virtual meetings. Lawyers are still writing letters and briefs to help their clients.

When the COVID crisis is over, lawyers will, most likely, be deluged by both old and new cases. Most experts agree that the skills lawyers used to weather the pandemic, such as working remotely, using videoconferencing, and keeping a smaller staff, will continue for months or years after the crisis is over.

How to Find your Credit Reports and Why you Should Dispute Incorrect Information

2/16/2021

Knowing your credit score before you apply for a loan or credit card can help you receive the best interest rates. The information in your credit report can also be used by your employer, if you apply for insurance or if you want to rent an apartment or a car. With identity theft becoming a bigger problem due to the pandemic, it is even more important that you check your credit reports and correct any wrong information.

Checking your credit reports is easy. You can request a copy of your report from any credit reporting agency and they must provide it to you. When you request your credit report, consumer reporting companies will need to make sure you are who you say you are. Be ready to provide personal information.

Most companies allow one free report per year, but policies have changed due to COVID and you may be able to get more than one free report a year. Contact the consumer report provider and ask about their policies.

When you get your report (and be aware that each provider may have different information – it’s a good idea to get a copy from each of the national providers), look it over carefully and compare any debts to your records. Make sure your name, birthday and Social Security number are correct. If you find incorrect information, the agency you received that report from must start an investigation at no cost to you.

Mistakes are easily made, but a mistake on your credit report could cost you a job or cause you to be turned down for a loan or insurance. This is why it is a good idea to check your report if you will be applying for a loan in the future. A good report can help you get the loan and a lower interest rate. If someone has stolen your identity, you may realize it sooner if you are checking your reports often.

Consumer reporting companies can provide information about you to insurance companies, utility companies, gaming casinos that extend credit, landlords, lenders, and retail stores, just to name a few. Remember, you rarely know in advance that a business is going to be checking your credit report so you want it to be free of errors at all times.

The three big national providers of consumer reports are TransUnion, Experian and Equifax. These agencies collect information about how much credit you have and use, your payment history and other personal information. Most people only think of these three providers when they are thinking about their credit report, but there are many more consumer report providers.

Employment Screening – these companies provide information such as salary, education, professional license verification, and credit history to your employers and other people.
Tenant Screening – these businesses provide reports to landlords and property management companies. If the information they have is negative, such as past due rent, you may not be able to sign a lease.
Personal Property Insurance – these companies collect information on your home, personal property and vehicle.
Medical – if you signed a release of information to an insurance company, these businesses may have your medical information to share.
Bank and Check Screening – these agencies collect information about your checking account applications, accounts you have opened or close and provide check verification services.
Supplementary Reports – the information they have can include public records, such as a divorce, and identification verification to help businesses manage fraud and credit risks.
Subprime and low-income – these businesses provide information to companies that sell products and services that are for people with low income or negative credit reports.
Gaming – these companies share information associated with check cashing settlement services to help gaming establishments (casinos or racetracks) with risk management.
Utilities – these consumer reporting companies gather all of the information in regards to all of your utilities, such as electric, phone, internet, gas, and others to help utility companies manage customer relations.
Retail – these businesses collect data related to retail product returns and exchanges to help prevent fraud.

To find a complete list of companies that provide consumer reports, go to https://www.consumerfinance.gov/consumer-tools/credit-reports-and-scores/consumer-reporting-companies/. Remember, they must provide you with a copy of the information they have about you. Contact the company to correct information and ask them to investigate your claim. If you feel the consumer report provider is not investigating or you don’t agree with their final report, you can contact the Consumer Financial Protection Bureau or a lawyer for more help.

What do I Need to do if My Lease is Expiring during the Pandemic?

12/7/2020

With all of the uncertainty in the world during the pandemic, dealing with your car lease expiring may seem like a giant obstacle in your life, but most dealerships are offering several options for your expiring lease. Car dealerships have taken a huge hit during the corona crisis and are doing whatever they can to keep repeat customers happy.

With so many people being laid off from their jobs, they may be struggling to make their payments each month. Some financial companies are offering payment deferrals to help their customers. If you are in this position, contact your leasing company as soon as you realize you may have trouble with your payments. Do not wait until you have a late payment or have missed one. Companies are often more likely to offer deals to people who ask before they miss payments.

If you want to return your leased vehicle when your lease expires, you may be able to do that, even with many dealerships closed. Call your dealership and let them know you want to return the car. Many automakers are making this as easy as possible and are offering ways to complete the return online. They may even offer home pickup of your car so you don’t have to go to the dealership at all. If the dealership is closed, you may be able to return the car to their service department as those are considered essential.

Before you return your car, spend time researching your next car and looking for the best lease deals. Contact dealers directly as you may get a better offer on the phone than you can get on their website. Ask if the dealer can deliver the vehicle to your home and if the necessary paperwork can be completed online.

You may also have the option of extending your lease. Again, contact your dealer and explain that you would like to extend your lease but aren’t comfortable going to the dealership. Many companies are offering online lease extensions so you won’t have to leave your home. If you do decide to extend your lease, make sure to discuss the mileage cap. Will it be increased, or do you have to stick to the original limit?

With some research and a few phone calls, handling an expiring lease during the pandemic shouldn’t be a big issue for you.

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The Car You Just Bought Was Repossessed by the Dealership. What Can You Do?

What is a lemon vehicle?

If I voluntarily turn in my car, does it still count as a repossession?

top blog posts of 2021

5 Tips to Choose a Cheaper Car to Insure

Three Vehicles Consumers May Want to Avoid

Should you Purchase a Car Online?

How has COVID Affected Lawyers?

How to Find your Credit Reports and Why you Should Dispute Incorrect Information

What do I Need to do if My Lease is Expiring during the Pandemic?

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