Woodbridge, NJ asked in Lemon Law for New Jersey

Q: If i won a civil suit against a car dealer, can the bank that financed the car request that i pay the balance

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1 Lawyer Answer
Jonathan Rudnick
Jonathan Rudnick
PREMIUM
Answered
  • Tinton Falls, NJ
  • Licensed in New Jersey

A: Yes they can since the bank was not a party to the lawsuit and your obligation to the bank is "mostly" independent of the conduct of the dealer. But there are some sets of facts where you could sue the bank based on the warrantied performance of the car. It is called the holder rule. There is language on the contract you signed the states that the bank stands in the shoes of the dealer for all claims against the dealer. The courts have put some limitations on this BUT it depends on the specific allegations against the dealer and/or the manufacturer

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