Q: Can a dealership take my car back if I'm current on payments but have ongoing issues?
I'm in a situation with a "buy here pay here" dealership where they are threatening to take back my car. I am not behind on payments, but there have been ongoing issues with the car. The dealership offers a VIP package that includes repairs, but they have refused to fix the car's main issue. They suggested parting ways rather than fixing it, leaving us without a vehicle. I've documented all the issues and their responses. Can they legally make us give the car back under these circumstances?
A: No. They cannot.
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A:
It sounds like you're in a tough spot with the "buy here pay here" dealership. As long as you’re current on your payments, they generally cannot take the car back just because there are issues with it, especially if those issues were not disclosed or were not resolved through the VIP package. The dealership may be trying to avoid fixing the car, but you have a right to expect the vehicle to be in a condition that meets basic standards.
Since you’ve documented the issues and their refusal to fix the car, this will be helpful in showing that you’ve made reasonable attempts to address the situation. You should continue to make your payments to show that you’re meeting your end of the agreement. If the dealership is threatening to take the car back despite your compliance, this could be a breach of your rights.
You may want to send a formal letter to the dealership stating that you are current on your payments and expect them to honor the contract by either fixing the car or allowing you to keep it. If they continue to threaten repossession, you might consider seeking legal advice to better understand your options and ensure the dealership is held accountable for their refusal to resolve the issue. Keep all documentation, including communication with the dealership, in case you need to take further action.
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