Can I get my money back?

J

Jaminicole

Guest
Jurisdiction
Alabama
Hi,

Ok, me and my husband purchased a van on 1/19/17 from Pensacola Auto Brokers in FL. That Friday I called them because my van was not cranking right and had some other issues. Jeb (the salesman from the carlot) explained to me that he was going to have to get in touch with our finance people because we had bought the warranty on the van through them. He explained to me that they were closed on the weekend he would get in touch with them Monday morning and give me a call after. Well Monday rolls around and I didnt receive a call, I figured he may have got busy maybe he will call tomorrow. Well Tuesday afternoon gets here and I still hear nothing, and this is after me emailing him Monday and Tuesday. So I make the decision to call the finance people myself. They get Jeb on the phone (on a separate line) and tell me he's going to handle it because their warranty hasn't went into affect yet, it's the dealerships issue right now. Jeb finally calls me and we make arrangements to bring it Saturday because my husband works and we have 3 kids who have school and the van is our only way of transportation. So Friday gets here and I call down there to make sure there is no curtain time I need to come Saturday. Another man answers the phone and explains to me Jeb no longer works there and they don't do maintenance on Saturday. I explained to the man what Jeb told me to do and he tells me to just bring it Monday and we could go from there. I get the van there that Monday and the maintenance man meets me at the door and ask me what was the problem, I explain everything and he says "that's the recall we had worked on when we got it, he was suppose to fix it, we will have to send it back to him." So the guy gives me a vehicle to drive while they have my van, but calls me about a week later and says I have to bring it back they sold it and their going to put me in another vehicle until my van is ready. After I get the second loaner car it takes about another week and they call to tell me my van is ready and me and my husband need to come because we have to resign new paper work because Jeb (their former employee) had us paying Florida tax when we live in Alabama. We get down there to pick up the van and sign the contract and the guy explains they had to put a new computer in our van and it was $1000 (we didn't have to pay though). That was on a February 9, 2017, it is now February 11, 2017 and my van is still not working. I called the dealership and explained it again and they told me to get it towed to them (I live in Atmore Al, he's in Pensacola Fl about 1 1/2 hour drive) Monday so they can look at it. I just want to know if there's anyway I can get my down payment back ($5000) and give the van back.
 
Did you sign anything that said 'As-Is'? Did you have your mechanic check it out (or one in Pensacola that you trust)?
The Car Buyers Rights explains your rights when purchasing a car in Florida. It is a pamphlet produced by the Florida DMV.
 
I've looked over my contract and the only thing it says is "sold with no warranty" but we did buy a warranty with the finance company because the car salesman said they (the finance company) wouldn't let him sale theirs. He and I talked to the finance guy on the phone in the dealership. They (PAB) are the ones who got all the services done to the van after we bought it, with no problem. Like today I called about the problem we're having now and they have no problem with fixing it. I just don't want the van anymore because I've had it all of a couple of weeks and it's had something wrong with it every time I've drove it.
 
I've looked over my contract and the only thing it says is "sold with no warranty" but we did buy a warranty with the finance company because the car salesman said they (the finance company) wouldn't let him sale theirs. He and I talked to the finance guy on the phone in the dealership. They (PAB) are the ones who got all the services done to the van after we bought it, with no problem. Like today I called about the problem we're having now and they have no problem with fixing it. I just don't want the van anymore because I've had it all of a couple of weeks and it's had something wrong with it every time I've drove it.

Sorry friend, the van is yours and the lender's.
You can pay off the note, then try to sell it.
If the AS IS sticks, you're stuck.
 
Your best option is to stay on top of the warranty. Read your documents and know exactly what the warranty covers and what it does not cover. You won't get your money back, but luckily you did buy the coverage and should not be in the hook for the needed repairs of the warranty actually covers whatever is wrong.
 
Lemon law is for new vehicles. You purchased as is from the dealer. You don't have the option after the fact to decide that you don't like it as is. Your remedy is the warranty policy.
 
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