Charlotte, NC asked in Consumer Law, Lemon Law and Small Claims for North Carolina

Q: If I pay the car note will I be able to get it back or do they sell it and I still have to pay anyway

This is just a nightmare am going to lose my job because of this I don’t understand if they couldn’t do the verbal agreement why so I could have try to figure something out rather then lose my job am a signal mom I really need my job I only complained because I was waiting with no response just to get another response to wait another two weeks I didn’t wanna get a ticket because my tags are dead and no registration plus the safety recalls that Nissan said they couldn’t do because somebody removed the part with Off brand parts so I would have to pay 900 for that part this is so frustrating

1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Licensed in North Carolina

A: You might possibly be able to get them to give you the car back if you make all past due payments plus pay late charges - but they can legally refuse to agree to do that, and they can demand you pay off the loan in full - just because of missing one payment. You loan agreement most likely says any changes in the terms have to be in writing to be enforceable. Your mistake was not paying the loan and relying on the verbal agreement (that you know they will deny making). Some used car lots make their money selling poor condition cars, repoing them, and selling them again to someone else - over and over again. That's their game. Contact a local auto fraud attorney tomorrow. You have claims, but these claims take time and a lawyer would have to file for an injunction to keep them from selling the car to someone else and gethtme to return it to you. That's not always the best option if the car was in such poor condition that you couldn't even get it to pass inspection, and depending on the facts of your situation a lawyer might tell you to just move on, get another car, and sue the dealer later if you have valid claims for fraud.

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