I brouhgt a car from Archer Kia June16, 2009 To day August 18, 2009 they want me to bring the car back because they cant finance

It is typically against the law ... it's called the "spot delivery scam" or "yo yo delivery" and the dealer is trying to "dehorse" you. Get a consumer law attorney on it pronto.

Unfortunately, "Yo-yo's" are generally still legal in Texas. There are new laws that take effect on September 1st, 2009 that will address the issue and regulate it. Until then, it will depend on the specific language in the contracts you signed with the dealership.

Go through all the paperwork you received from the dealership at the time of purchase and look for a few specific documents: 1) A "Bailment Agreement" or a "Courtesy Delivery Agreement". These agreements go by various names, but they all have the same goal - to give the dealership a contractual right to recover the car in the event they cannot find a buyer for the loan AND to charge you for your use of their vehicle. It is likely that when you return your car back to the dealership, they will have sold your trade-in, and will charge you for your use of the car based on mileage or days used. If you made a down-payment, they will usually use the down-payment to cover those charges, leaving little or no funds left to return to you. 2) A signed copy of the loan agreement. In many cases, the dealership will hand you a stack of documents and send you home with the car. However, an actual signed copy of the loan agreement/sales agreement will not be included in the documents you receive. The idea is that if they do not sign the loan/sale agreement, then they can claim no sale ever really took place, and they were just being nice by letting you take the vehicle home while they attempted to obtain financing. When they cannot find a buyer for the loan, then they ask for the car back.

Your situation might be more promising than many cases I have seen. Because it has been so long since the original sale, you have a better argument that the agreement should be honored. The fact that you have already made a payment on the loan helps as well, especially if they cashed that check. The determination whether or not these types of cases are actionable depends entirely on the paperwork that was signed. Most consumer lawyers will take a take a look at your documents and/or offer an initial consultation for free or for a very small fee. Houston has a number of very reputable and capable consumer attorneys that review your documents and determine if you have a case strong enough to attempt to enforce the agreement or to sue for any damages. The National Association of Consumer Advocates has a website that lists several consumer attorneys in Houston - www.naca.net. You can also contact the Houston Bar Association or the Texas Bar Association for referrals.

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