C. STEVEN MOSKOS, P.A.
  • Home
  • About Steve Moskos
    • Meet Steve
    • Community Involvement
    • Memberships
  • Practice Areas
    • Consumer Law >
      • Auto Fraud
      • Flood-Damaged Vehicles
      • Lemon Law
      • Unfair Debt Collections
  • Case Results
  • Contact Us
    • New vehicle contact form
    • Used Car Contact Form
  • 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. 
Picture
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. 

    Top Read Posts

    • Can I return a car within 72 hours? 
    • If a car I buy is defective, can I return it within 72 hours? 
    • Does Carfax tell me everything I need to know before I buy a car? 

      follow our blog! 

    Subscribe to Our Blog

    Archives

    January 2023
    December 2022
    October 2022
    September 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    April 2021
    March 2021
    February 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    May 2019
    March 2019
    February 2019
    January 2019
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    March 2018
    October 2017
    February 2017
    November 2016
    June 2016
    April 2016
    January 2016
    September 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    July 2013
    June 2013
    March 2013

    Categories

    All
    Arbitration
    Attorney/client Process
    Buying A Car
    Car Dealer
    Car Defects
    Car Loans
    Car Manufacturer
    Car Recalls
    Car Trouble
    Consumer Law
    Credit
    Debt
    Debt Collection
    Defective Car
    Disinfecting A Car
    Flooded Cars
    Hiring An Attorney
    Insurance
    Lawyers
    Legal Advice
    Lemon Law
    Links
    Loans
    Looking Ahead In The Car Business
    Luxury Cars
    Mobile Home
    New Cars
    News
    Pandemic
    Repossession
    Top Posts
    Used Cars
    Working With An Attorney

    RSS Feed


                                                                                             Privacy Policy

Disclaimer 



Attorney C. Steven Moskos is responsible for the content of this website. Principal Office: 6650 Rivers Ave. STE 210, north Charleston, SC 29406

We appreciate you coming to our website, however, the information we have here should not be construed as formal legal advice nor should you believe we have established a lawyer/client relationship.  This website is for informational purposes only.  Contacting C. Steven Moskos, PA through this site does not create an attorney-client relationship between you and C. Steven Moskos, PA. This law firm must investigate your case, evaluate it, do a check for conflicts-of-interest, and sign a written retainer agreement with you before you become a client.


In addition, the information contained on this website is not intended to guarantee that we can produce the same results for you that we have produced for others. Each case is different and must be evaluated on its own merits. 

for more legal stuff, see our disclaimer page.