Can the dealership force me to purchase faulty car

vturner005

New Member
Jurisdiction
Florida
I purchased a 2017 Certified Preowned Acura RDX on 10/05/2017 from Acura of Pembroke Pines.

The car had about 900 miles on it because the previous owner returned it in two weeks because she realized she required a larger model. (At least this is what the sales person told me)

I traded in my 2006 Infiniti FX 35 for $5000, (which they have already sold and paid off with my bank) and made a down payment of $2400 with my credit card. The other $39,998.16 was financed through a pre-approved check with Navy Federal.

On October 14, 2017 (9 days later), I heard 2 different types of noises on the passenger side of the car. I took it straight to the dealership. The dealership had to service the car and give me a loaner. At this point, I am VERY upset because there is nothing supposed to be wrong with it. After all, it's certified pre-owned.

Service manager called me the same day and told me I needed to have the struts replaced and I should pick it up on Tuesday.

On Monday, October 16, I went to the dealership to speak with the Sales Manager. I advised him that I wanted another car because I did not feel confident the one I purchased would perform like a new car. He quickly told me all he could do is get it fixed under the warranty or I could trade it in and get another car for more money. He was not going to exchange anything. I proceeded to tell him that they could have their car back and to just cut me a check for a refund. He told me it didn't work that way. So he offered me no more help.

On Tuesday, October 17,2017, I picked up the car. One of the noises was gone, however the other noise is still there. So they did not completely fix it.

A week later, I received a letter from Navy Federal (my credit union) stating that the pre-approved check was returned to them because the dealership filled it out incorrectly. The dealership also contacted me and stated the same thing and they needed for me to get another check from my credit union and sign it to purchase the car. I do not want the car because it still has issues. So my question is, can they force me to purchase the car now since the check did not go through like is was supposed to, due to their misktake? If feel like karma is trying to help me out and get me out of a car that will potentially cause me problems in the future.

My credit union told me that I didn't have to provide the dealership with another check if I did not want to, however, I would have to get legal advice on if there would be any legal ramifications against me if I didn't. Because I went through my credit union, it would not be considered a repossession since I the check has not been cashed and the loan is not established yet.

At this point, if I can walk way and only lose the $2400 that I paid with my credit card, I will. Do I HAVE to purchase this car?
 
Last edited:
You can try that. Give them the keys and tell them you will not get them another check from the credit union. If they are smart they will allow you to back out. However if they have already sold your trade that will be another issue.
 
You can try that. Give them the keys and tell them you will not get them another check from the credit union. If they are smart they will allow you to back out. However if they have already sold your trade that will be another issue.
Thank you so much for replying. I am sure they have sold my car to another entity and I know they paid off the loan for it. Thank you for pointing that out as something I need to include in my inquiry.
 
At this point, if I can walk way and only lose the $2400 that I paid with my credit card, I will. Do I HAVE to purchase this car?

You bought the car, you own it. You're entitled to have it repaired under warranty. If you fail to comply with the terms of your contract walking away from the deal is a repossession. The car will be resold and you will be responsible for any monetary loss that the dealer suffers, likely a lot more than the $2400 you are so happy to walk away from.

Not only that, the repossession will end up on your credit report and tank your score substantially so the next time you want to do anything with credit, you'll have big problems.

What you are contemplating is financial suicide.

I suggest you keep the car, replace the check, get the car fixed under warranty and get on with your life.

The dealer is holding all the cards and you have no clue as to how the game is played.
 
You bought the car, you own it. You're entitled to have it repaired under warranty. If you fail to comply with the terms of your contract walking away from the deal is a repossession. The car will be resold and you will be responsible for any monetary loss that the dealer suffers, likely a lot more than the $2400 you are so happy to walk away from.

Not only that, the repossession will end up on your credit report and tank your score substantially so the next time you want to do anything with credit, you'll have big problems.

What you are contemplating is financial suicide.

I suggest you keep the car, replace the check, get the car fixed under warranty and get on with your life.

The dealer is holding all the cards and you have no clue as to how the game is played.
Thank
You bought the car, you own it. You're entitled to have it repaired under warranty. If you fail to comply with the terms of your contract walking away from the deal is a repossession. The car will be resold and you will be responsible for any monetary loss that the dealer suffers, likely a lot more than the $2400 you are so happy to walk away from.

Not only that, the repossession will end up on your credit report and tank your score substantially so the next time you want to do anything with credit, you'll have big problems.

What you are contemplating is financial suicide.

I suggest you keep the car, replace the check, get the car fixed under warranty and get on with your life.

The dealer is holding all the cards and you have no clue as to how the game is played.
You for your reply. I have one question. How will it be considered a repossession and go on my credit if they are not able to cash the check? The loan has not been established because it was returned due to the fact they filled it out incorrectly. I did not use their financing. I had my own. Thank you in advance.
 
Just go talk to the Sales Manager or General Manager. They don't want the legal hassle, just go talk to them.
 
I agree with AdjusterJack above.
You've already bought the car. Consideration has been given and property has changed hands. The vehicle is your responsibility now.
That the check did not clear does not absolve you of the responsibility you agreed to. You are contracted to pay for the vehicle. How you choose to do that is up to you.
The only obligation the dealer likely has right now is to make a repair under warranty. You won't be able to walk away from this unless the dealer agrees and that is very unlikely.
By the way... "certified pre-owned" simply means "used".
 
How will it be considered a repossession and go on my credit if they are not able to cash the check? The loan has not been established because it was returned due to the fact they filled it out incorrectly. I did not use their financing. I had my own.

You have a contract to buy the car. Where you got the money or were supposed to get it is irrelevant. You breached the contract by not paying what you (or your lender) was supposed to pay. That's default. The car's back at the dealer. That's a repossession. A repossession trashes your credit and obligates you to pay whatever the dealer's loss it.

Arguing semantics doesn't change any of that.
 
Back
Top