FastTags

Hi fellas. I want an advice. My mother in law bought a crappy lexus from a small dealer in Houston for her daughter. They had multiple issues with the vehicle ever since they got it. Only this time when they took the car back to the dealer to "fix" the problem, they got into an argument with the people who work there.

The dealer decided not to guve the car back to mom, and said they will also charge her for keeping the car there, storage fee !

What to do?

Sorry i dont have a lot details because i simply dont know anything except that they wont give the car back. Even after mom told them that they dont want it be fixed anymore and they just want the car back.

I told her to call the cops i dont know what else i can advise since I am not there.

chikoo

Used car dealer, non Lexus I assume?

FastTags

Yes, small used car dealer. Is there anywhere she can file a complaint to? Like TXDMV?

mmarshall

I know this is not what you want to hear, but there's probably not a whole lot we can really advise you on without knowing more of the details of what was wrong with the car, how and what they diagnosed on it, what the argument ensued, and exactly why they won't release the car. Did they make inadequate repairs to the car and your mother-in-law simply refuse to pay for it? Or is she refusing to pay because she disagreed with the bill? Or, did she write a check that bounced?........(I'm not insinuating that your mom is a crook, but honest mistakes sometimes happen). Or, did she have a problem with a credit-card?....hackers can sometimes get in and screw up good accounts. There are a number of possible reasons why the shop would not return the car, and you and your mother-in-law need to find out why (and, yes, it's possible that THEY are crooks....disreputable used-car places are notorious for shady business tactics).

mjeds

legally they can only keep the vehicle if there is money owned.


if they charge a diagnostic fee it has to be paid before they will release the vehicle
if work was preauthorized and charges are pending the charges have to be paid before they will release the vehicle.


if they are holding the vehicle hostage because they want you to repair it but have nothing in writing from you indicating that you agreed to the repairs, then you will have to take it up with the court.




Obviously there is much more going on than you know or have said, without full details it is hard to give advice as to what a course of action should be.


but I highly doubt they are holding the car hostage for no reason, I suspect there is money owned for some service rendered.


If you don't agree with the charges, the best you can do is pay them to get the car back then take them to court over the problems, cost of the repairs, and possibly the purchase price of the vehicle.


hopefully the lesson learned is do not deal with fly by night car dealers. I have yet to hear anyone that has ever had a good experience with them.

FastTags

No money owed. The car was purchased with bank loan. The daughter makes payments as she should. I think the issue was something to do with the check engine light. They have light on since day one of the purchase, the dealer attemted to fix it more than once. This time they told mom that the car is fixed and she can come to pick it up. When they arrived the car was not done, she was pissed and words were exchanged. She sked them to release the car as is, to whih the said NO!

Not sure why, maybe its due to the fact that the car was still on the lift or maybe they just got pissed off at her.

There is no money involved because they were supposed to fix it for no charge. They have been trying to "fix" it since they got the car. They dont want to do it the right way, bc it expensive so they always say that it a bad cable or a bad wire etc..

Believe me, i have told them not to buy a car without me. They decided not to ask for my help at all!! I offered her many advices and they were declined.

FastTags

Ps. It was lexus es300 i think 2001, maybe 2002. The car is a complete lenon, unfortunately there is no lemon law on the used cars in Texas. Only new cars!

mmarshall

If it involves the check engine light, that alone might (?) explain at least part of it. That light is triggered when something in the computers, gas filer-pipe, evaporative canister, or the gas cap itself is malfunctioning and creating a problem somewhere in the emissions or evaporative systems. It could be anything from a loose or worn-out gas cap to a number of engine/transmission sensors to the computer itself. To properly diagnose and repair it, you don't just *****-nilly replace parts according to the trigger-code. When a specific code is triggered by the light, you THEN have to consult the vehicles's Service Manual for the proper diagnostic procedures to go through....any technician with an ASE certificate (which reputable shops will employ) should know that. Some states (and the EPA) have inspection laws on the books which dictate that if the check engine light is on, a vehicle cannot pass inspection and be legally driven regularly. Of course, it's the shop's job to repair the car properly, so, if they can't do it for any reason, then IMO they should release it and let your mom take it to a shop that CAN.

FastTags

I know all this Stuff about the check engine light. The point is they decided to keep the car hostage. And she wants it back.

SW17LS

Does she have another set of keys? I'd walk on the lot after hours and take it.

mmarshall

At some shops, better think again.

bitkahuna

iTrader: (20)

apparently lemon laws for used cars are only in effect in a small number of states, but regardless, a 15 year old car is going to have issues.

what i'm not seeing in your account of all this is why the dealer might be holding onto the car - what's in it for them? doesn't make sense.

i guess maybe they really think they can fix it and don't want to give it back 'broken'? but regardless, if no money is involved, and your mother-in-law wants the car back, i would give it back if i were them and say 'have a nice day'

i think that would be a bad idea (trespassing), but also perhaps impossible if the car is on a lift in a locked service bay.

SW17LS

Bring a taser

The car is your property. The question would be whether or not you are allowed to trespass on someone else's property to retrieve something that is your property, and whether or not the repair shop has a right to deny you access to their property while they are in possession of your property.

My mom always tells a story about one time when she and the man she was married to before she married my dad (so we're talking a long time ago) had this issue. They bought a new car, and there was some breakdown right afterwards and they had it towed back to the dealer. They fixed it under warranty but wanted them to pay for the tow and wouldn't release the car unless they paid. So, they went over and got the car with the other key after hours and left. Never paid for the tow.

He was a DC police officer and he wasn't worried about trespassing.

chikoo

Hostage? What are their demands?

Could it be more like they don't want the car on the road till they fix it?

LexBob2

Since there are two sides to every story, it would be interesting to know the the dealers reasons.