Legal issue regarding my recent car purchase

[cchen]

I recently purchased a used car, 120k miles, and the deal that I got stated that the car is mine AS-IS. So, I pay for half of it and take the car home. The deal was that I send the rest of the payment the next day and then they will send me the title. Well, they left their security system in my car, which is one of those silencer systems that won't let the car start without a special key in. I get a message a few days after I bought the car saying that they want the security system. However, I don't think that I have any obligation to give it back since they left it in the car and sold it to me as is. Plus, the dealer is an hour away. I still haven't received the title yet.

Am I right? I'm just afraid that the dealer will refuse to send me the title unless I drive back and return the security system.

 

[Lucky]

Hell no, its yours.

Im sure you might have heard of the case (in chicago?) where someone bought a car at a city auction and the thing was stuffed with 80K in cash in the gas tank? The city fought to keep the money but the courts ruled it was sold as-as, and the buyer got to keep it.

 

[cchen]

Good that's what I thought.

What should I do if the dealer won't give me the title?

 

[Lucky]

thats a tough one. If he absolutely refuses, I'd talk to a gov't regulation agency first. If it comes down to it, perhaps small claims court but the stuff is yours as long as you have already bought the car.

 

[NuclearFusi0n]

Please tell me that you have a receipt for your first payment...

 

[woodie1]

<< What should I do if the dealer won't give me the title? >>



Take the Bill of Sale (Sales Contract) to the DMV and explain the problem to them. They have the means to light a fire under the dealers butt.

 

[911paramedic]

What they probably want back is there "key", then they put a "blank" into the lock. It is that little socket below the steering column about an inch wide, right?

I believe the key is theirs, and not a part of the car itself so you will have a hard time if this ends up in court. Tell them to come fix it at your house if they want it that badly, it was their mistake and you should not be troubled by it.

 

[evergreen96]

no that alarm is yours unless they told you that b4 he made your first payment

beside AS-IS means As is---where the car is defective =--- its your
Car has some extra -------- that yours also


Beside AS-Is a a one way street

 

[heartsurgeon]

if you don't really want or need the security system - tell'm they can have it, but they need to come get it - that's only fair. probably best to be reasonable and give them the system if your worried about the title, and you don't really need the security system -

 

[cchen]

I still haven't gotten my title... I think I'm gonna call up the car dealership

But what do I say when they ask about the security system?

 

[rahvin]

Tell them you bought the car as-is, duh. You think they are gonna cry you a river if the car explodes tommorow? The exact words I would say to them would be:

"I don't see anywhere in this sale contract where it says I have to give you part of the car back after I buy it."

If they tell you the alarm isn't part of the car say:

"I don't see anywhere in this contract where it says the alarm is not part of the car."

You need balls, not those little marbles.

 

[Passions]

<< You need balls, not those little marbles. >>



BWAHAHAHAHAHAHAHHAAHHA!!!!!

 

[Vic]

Congratulations, that alarm is yours. The car was sold AS-IS, it was in the car and they have no right to ask for it back. Items like that are sold with cars all the time with no special mention of it in the sales contract. All you have to do is say that the salesman told you that it came with and the dealership has absolutely no argument whatsoever.
Pay the other half that you owe on the car and stand your ground.
If the dealer won't send you the title, then go to your DMV. Because they are a dealer, I am certain that their practices are regulated. Failure to give you title after you have made payment in full is (I am certain) something that could get them in a lot of trouble.

And on top of everything else, stand your damn ground. You know that when you bought the car that you were happy to see that it had the security system. One of the selling points for you, I bet. Then they call you back days later and ask for it back? I bet you were surprised by that one and felt certain from the start that they were the ones in the wrong.
So why do you feel guilty now?

 

[IJump]

Call them and tell them if they don't hand deliver the title in the next 24 hours, you are calling the Attorney Genreal, the Better Business Bureau, the DMV, and a lawyer. Have some guts. The thing is yours.

As is means you get the car exactly as it is. Not how they want it to be after they finish the deal. Unless they put it in writing that they get the security system back, it is yours. Just like if there was something wrong with the car and you didn't get it in writing that they would fix it, they aren't going to fix it.

 

[Jzero]

Exactly...where do you draw the line?
They going to ask for the spare tire back?
They going to ask for the floor mats back?
They going to ask for the steering wheel back?

Next time maybe they won't be so stupid. I'd tell them to send the title over, stat, or I'd send my lawyer over there to get it for me.

 

[compuwiz1]

Unless there was anything in writing, signed by you, that the car was to be returned to have it removed, it is yours. It works both ways. If you agree to have something included in the sale, like a repair made, or aftermarket accessory installed, always get it in writing. They screwed themselves by not acknowledging that the item did not come with the vehicle, and by not having you sign saying so.

 

[blahblah99]

I agree with others on this issue. The dealer sold you the car AS IS. Now, if that was a written agreement and you signed for it then the ball is in your court. If it was a verbal agreement, then it might be some problems. Nevertheless, you bought the car and whatever was on the car at the time you purchased it belongs to you - it doesn't matter if they left their $5000 stereo system in there or stripped the car naked. Give them a call tommorow and DEMAND your pink slip or you will take it to the claims court. I hope you have your payment receipt!

Use of force is deadly, especially if its in your favor!

 

[tm37]

Don't threaten with a Lawer Unless you HAVE A LAWER.

Call and ask about the title. If they question you on the alarm system tell them you thought it came with the car AS-IS and you were not told other wise. Go through your paper work to Insure you did not sign ANYTHING that would allow them to remove it. If they refuse to turn over the title take the paperwork down to DMV and ask them for a copy of title. Inform the dealer you intend to do this.

How long ago did you buy? Sometimes it can take as long as 60 days to receive the title. They dealer usually has to turn it into the DMV.

Stand firm and unless Maryland has some screwy laws you should be in the clear.

 

[cchen]

Well, I bought the car in VA...
The dealer siad that it would be cheaper for me to register it myself in MD....

are there any potential problems with that?

 

[cchen]

???

 

[EagleKeeper]

The VA dealer is responsible to the car to pass the MD safety check.

I have bought cars in VA and lived in MD (1984) with no problems.

The dealer just does not want to do the legwork. They will usually charge you and extra $50-100 for the priviledge.

 

[XZeroII]

shouldn't make a difference. Do what everyone says. stand your ground. Demand your title because the car belongs to you. If they want YOUR alarm, they will have to sue you for it, but since the car is yours you want the title for it.