A Schenectady, New York, woman thought she was getting an upgrade when she traded in her old SUV and drove off with a used Infiniti. Instead, she’s now juggling payments on a vehicle she left at a dealership, while the one she just paid for is barely drivable.

Heather Brown said she visited Broadway Cars LLC in Albany back on June 2

There, she traded in her 2015 Ford Escape, handed over $11,000 in cash toward a 2017 Infiniti QX60, and charged the remaining balance. Her new ride cost more than $15,000.

As part of the deal, the dealership was supposed to pay off the $3,600 still owed on the Escape.

Weeks passed. Her lender started calling. The dealership never paid off her old loan

She now owes two payments on a car she doesn’t have and has no idea where it even is. 

When she asked the dealership’s owner, Fred DeRise, for the Ford back, she recalled he told her he had “loaned it out” and didn’t know its current location.

To make matters worse, the Infiniti turned out to be a mechanical nightmare

Brown said it barely started the first day she brought it home.

Since then, the vehicle has spent most of the past two months in shops, with issue after issue popping up. She contacted an Infiniti dealership that DeRise took the car to. They reportedly quoted $14,000 in needed repairs, local CBS6 shared.

Brown said DeRise declined to authorize the work. She said the dealership has tried other repair shops, but the issues haven’t been resolved. 

Meanwhile, she’s stuck with a broken vehicle and payments on another car she no longer controls.

Stories like Brown’s highlight how risky it can be to buy a used vehicle “as-is,” especially from smaller independent lots

Once a buyer signs, they’re often responsible for any hidden problems unless the seller provided a warranty in writing.

To protect themselves, buyers should always check if a dealer is licensed and in good standing with the state.

They should also get a pre-purchase inspection from an independent mechanic and confirm in writing that any trade-in lien will be paid promptly.

Buyers can also request a written timeline for lien payoff and ask to see confirmation that it was completed.

Finally, if you trade in a vehicle you still owe on, know that you’re responsible for the payout even if you leave the car at a dealership. Check with the lender and be prepared to continue payments if things go south. Otherwise, your credit will take a big hit.

Brown still has a few options, though none are quick or easy. Here’s what she can do to try to untangle the mess:

1. File a complaint with the New York State DMV

New York’s Department of Motor Vehicles oversees dealership licensing and conduct. She can file a formal complaint through the DMV’s Vehicle Safety Complaint system. If the DMV finds the dealer violated state laws or failed to pay off the lien as agreed, they can take enforcement action, including suspending or revoking the dealer’s license.

2. File a police report for the missing trade-in

If her old car, the Ford Escape, has not been returned or the lien paid off, and the dealer cannot produce the vehicle or paperwork showing its sale, she can report the vehicle as missing or potentially stolen. At minimum, this creates an official paper trail.

3. Contact the lender of the trade-in

She should notify the lender on her old car immediately and provide all records of the trade-in agreement. 

Some lenders may pause collections if they believe fraud is involved, especially if she can show the dealership promised to pay off the loan and took possession of the vehicle.

4. Consult a Consumer Protection Attorney

She may have legal grounds to sue the dealership for breach of contract or fraud. 

A consumer protection lawyer can help her explore claims under New York’s General Business Law and the Uniform Commercial Code. An attorney may also pressure the dealer into resolving the issue more quickly.

5. File a complaint with the State Attorney General

New York’s Attorney General handles cases involving fraud and unfair business practices. A formal complaint can prompt an investigation and may help recover damages if the dealership is found at fault.

6. Consider small claims court

If the repair bills and financial losses are under New York’s small claims cap ($5,000 in most parts of the state, $10,000 in NYC), she could sue the dealership directly without an attorney.

7. Get the Infiniti inspected by a third party herself

Even if she can’t return the car, documenting its condition with a certified mechanic now could support any future legal or regulatory complaint. If it’s declared unsafe or previously damaged, it may also support a misrepresentation claim.

In my mind, the easiest thing for the dealership to do would be to take the Infiniti back. Give Brown the Escape and make her missed payments. Take the loss, for the sake of the customer and the business’s reputation in the community.

CBS6 reported that the Albany dealership’s owner declined to comment when approached. Brown, meanwhile, is still without a reliable car and now fears her credit will suffer.