Question:
Dear Steve,
I am having a hard time with my new auto loan contract only have had a vehicle for about 3 weeks and they have told me that I can not drive rideshare services because they still own my vehicle this was a major reason I purchased the vehicle in Question from Drivetime.
Is there any way I can get out of the contract plus the front rotters on the vehicle are bad after 3 weeks having the vehicle in my possession.
Dustin
Answer:
Dear Dustin,
Dude. Here is a rule that will serve you well for the rest of your life, you can’t trust what the salesperson tells you. The financing agreement fine print will say something like the claims made by the sales representative doesn’t apply and include the terms you agree to.
According to DriveTime You Can’t Do That
DriveTime told me, “Rideshare income can fluctuate since it is not a consistent hourly income, therefore we are unable to use it. Also, Drivetime does personal vehicle financing, and utilizing Drivetime vehicles for Rideshare or On-Demand delivery would be considered a commercial use. So the income received for these services cannot be utilized.”
They were primarily talking about using rideshare income to qualify for the loan but the ket sentence is the bolded one.
DriveTime Warranty – Quick!
If you developed brake rotor issues after three weeks you better get it back to the dealer immediately. DriveTime does offer a limited warranty. They say, “We include a 30-day warranty on all of our vehicles at no extra cost to you. If you have a covered issue within the first 30 days of owning your vehicle, just give us a call and we’ll take care of it.” – Source
Getting Out of the DriveTime Contract
Well, now that is probably going to be tough.
If the terms of the finance agreement say the vehicle can’t be used for a commercial purpose and you signed the finance agreement, you agreed to be bound by those terms.
If you did not get your car back to the dealer for warranty service within the 30-day warranty, then repairs are on you unless you purchased the extended warranty.
I want to give you so easy and rosy answer but these are tough issues learned the hard way.
- You can’t rely on what a sales representative tells you.
- The written agreement you sign contains the terms of the deal. You may have had to sign a purchase agreement and a financing agreement.
- If the financing agreement said commercial use was not permitted, that would be a problem. If you want me to read over the financing agreement, scan it, and submit it with a new question but reference this one.
- The keyword in a limited warranty is LIMITED. If it is restricted in what it covers or by time, you have agreed to those terms.
- Unless the agreement allows you to turn the vehicle back in, you would have to sell the car and release the lien on the title.
But All Might Not be Lost With DriveTime
It seems to me you have two logical options to pursue.
First
You might want to consider going back to drive time with a calm attitude, explain your situation, and see if they will take the car back but let you pay a fee for agreeing to do that. It’s going to cost you more than you want but it would be the quickest way to hopefully terminate this mess. Think of it as a very expensive rental.
Second
You can contact the office of the Attorney General in your state and see if there are any specific state laws that would protect you. You could file a complaint with the office of the Attorney General and DriveTime would have to respond. The complaint route is not guaranteed to resolve the issue if the terms are legal. It could also piss off DriveTime and make them less likely to consider the first suggestion.
There is a Third
You could click here to find a consumer attorney that specializes in automobile issues and is licensed to practice law in your state.
You would probably have to hire the attorney and that will cost some money. The attorney might be able to negotiate a return for you where you pay some fee to both DriveTime and the attorney.
Fourth Slim Chance
You might have an award-winning personality and you persuade DriveTime with your charm and gift of gab to take back the car.
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