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Please help dealing with car dealers

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1 Please help dealing with car dealers on Mon Feb 27, 2012 1:56 am


Arresto Menor
Hi Atty! I bought a second hand car from a car dealer.For the 1st unit, i paid 160k as downpayment and the remaining 130k thru bank financing, total of 290k for the car. After a month, nalaman namin from the mechanic na sira yung underchassis ng car and nalubog na daw. So we asked the car dealer to replace the unit. He replaced it with a new unit which is 280k. Ang problem is naka 2 hulog na kami dun sa 1st unit and paid almost 8k for the insurance of the 1st unit. Bago ako pumayag na palitan, we agreed that the dealer will pay me 10k (difference in the price of the 1st and 2nd unit) and the 8k we paid for the 1st car's insurance.

Since pinalitan ng 2nd unit, kailangan ulit ipasok sa bank financing. Approved na ako for the second unit, but I need to pay off the 1st unit to free myself from being liable to that unit. Pero, sinisingil ako ng bank ng almost 18k para sa bayad sa interest ng 1st unit.

My questions are as follows:
1. Ako po ba ang kailangan magbayad ng 18k na interest na hinihingi ng bank? My opinion is, hindi ko kasalanan na sira yung 1st unit at responsibilidad nila na palitan yung sirang unit na binigay nila sakin. Pero kung ako ang magbabayad ng interest, dehado na ko masyado sa bayaran. Naka 2 payment nako dun sa 1st unit, magiging back to zero ako dito sa 2nd unit tapos magbabayad pa ko ng 18k. Hindi po ba dapat ang dealer ang magsshoulder ng interest dahil sila ang may kasalanan kung bakit nagkaroon ng palitan?

2. Yung agreement namin ng dealer na he will pay me 18k back is pag nabenta yung 1st unit, pero ilang buwan na, wala namang bumibili dun sa unit. May paraan po ba para mapwersa sila na bayaran yung 18k kahit hindi pa nabebenta ang 1st unit? Yung agreement po namin ay pinirmahan pero hindi po notarized.

Waiting for your reply po and thanks in advance!

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2 Re: Please help dealing with car dealers on Wed Feb 29, 2012 8:14 pm


1) loan is in your name. unless you can show that they knew of the defect and committed fraud, i don't think the dealer is liable.

2) you can ask the court to fix a period or file a small claims case.

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