Kinston, NC asked in Civil Litigation, Contracts and Consumer Law for North Carolina

Q: can a dealership take a car back after driving for 30+ days b/c they don't want to payoff a lien on trade?

dealership knew of the lien, they failed to verify the payoff until Thursday. Now they telling me I have to bring the car back today. I have had the car for over 30days. Have been financed, it shows on my credit report, etc.... The lien on the vehicle is $1500 more than they can pay. They failed to get all payoff info from creditor prior to having me sign all paperwork. What is my recourse? what can I do?

1 Lawyer Answer
Paige Kurtz
Paige Kurtz
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: It depends on the written terms of your contract with the dealership. If the contract limits the amount they will pay or makes the payment contingent on any factors, then you may be out of luck and have to return the car. However, if the contract states that they will pay the lien, without any qualifications, then it should be paid.

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