When I purshased the vehicle had me sign a blank contract because he was doing some final touches, he confirmed price with me before I signed. That should have been a huge red flag, but instead I signed it. Finally a few months later he gives me a copy of my contract, the sale price went from $5K to $8K and with finance charges I'm now paying $12K for this car! He mentioned that these payments were going to increase my credit but I don't see it reported. He told me that same story for 3 months until he finally told me that he didn't have acess to it. He now wants me to refi the vehicle, but wants me to sign a blank contract again & wants to increase the sale price and term period, I asked for him to give me an official contract, he says that he already emailed me, But again nothing.
This experience has been a total nightmare, I didn't know any better and needed a vehicle. Now I don't want to have to pay more for this car that I should have to. I feel like he has been very shady and has been consistantly lying to me. I'd like to see if I have any options. Thank you for your time, any advise would really help me out.
Lawsuit / Dispute Attorney
Blank contracts are illegal and a car dealer may not ask you to sign a contract that contains blanks, as this violates the Cal. Automobile Sales Finance Act and the federal Truth in Lending Act, as the finance charges were not disclosed to you prior to your signature. Do you have a copy of the document that you signed with blanks, that would help your lawyer prove the violations? Below is a link to the attorneys who are members of the National Association of Consumer Advocates, you should find one with experience suing for dealership fraud. Do this immediately (first thing Monday) and don't sign any more documents and save all original documents about this vehicle in your home in a large envelope, so nothing gets lost or damaged. I would be concerned that this company is so aggressive and reckless that they may try to take the car from you, so keep all papers in your home in a safe place and do not leave any documents in your glove compartment.
Robert Stempler (please see DISCLAIMER below)
NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.
While Mr. Stempler is correct about blank contracts being illegal, it will be tough to prove. You now actually have an opportunity to prove it by taking him up on his offer to do it again. Bring a witness, get pictures, etc. Feel free to get in touch for more help/info next week.
I agree with my colleagues. You are definitely a victim of fraud here. It is important to know that you have the option to rescind your contract (rescission of contract due to fraud)under CC 1689
To read the law about that issue go to
1689.5. As used in Sections 1689.6 to 1689.11, inclusive, and in
(a) "Home solicitation contract or offer" means any contract,
whether single or multiple, or any offer which is subject to
approval, for the sale, lease, or rental of goods or services or
both, made at other than appropriate trade premises in an amount of
twenty-five dollars ($25) or more, including any interest or service
charges. "Home solicitation contract" does not include any contract
under which the buyer has the right to rescind pursuant to Title 1,
Chapter 2, Section 125 of the Federal Consumer Credit Protection Act
(P.L. 90-321) and the regulations promulgated pursuant thereto.
(b) "Appropriate trade premises," means premises where either the
owner or seller normally carries on a business, or where goods are
normally offered or exposed for sale in the course of a business
carried on at those premises.
(c) "Goods" means tangible chattels bought for use primarily for
personal, family, or household purposes, including certificates or
coupons exchangeable for these goods, and including goods that, at
the time of the sale or subsequently, are to be so affixed to real
property as to become a part of the real property whether or not
severable therefrom, but does not include any vehicle required to be
registered under the Vehicle Code, nor any goods sold with this
vehicle if sold under a contract governed by Section 2982, and does
not include any mobilehome, as defined in Section 18008 of the Health
and Safety Code, nor any goods sold with this mobilehome if either
are sold under a contract
Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information contained in this website is provided for informational purposes only, and should not be construed as a legal advice on any subject. No recipients of content from this site,clients or otherwise,should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. The Karamanlis Powers Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website, weblogs, twitter, facebook, google+.