is a signed car purchase contract final and binding under WA laws can dealership cancel contract
Redmond, WA
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Posted about 1 year ago in Debt / Lending Agreements
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Car loan contract:
I purchased a car three days ago. The dealer called me today and said that he couldn't make the original deal and that he wanted $1K down and my payment would be reduced by about $15 a month. This is after all the loan papers were signed, transfer of title, etc and I drove off with the new {used} car. Said that if I didn't pay the thousand dollars that I was to bring the car back into the dealership and that I would be given my van back again.
I was under the impression that once the papers were signed, the deal was the real thing and legal and binding. Does the dealership have the right to call and make a demand such as was given to me? - Is this your question? Add additional information Answers (4)Daniel S Blinn
This attorney is licensed in Connecticut and 1 other state.
Posted about 1 year ago.
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I would need to review your papers in order to know for certain, but I think that you may be a victim of a car dealership scam known as a Yo-Yo transaction where a dealership is unable to get a finance company to purchase the installment sales contract. Check www.naca.net to find an attorney who practices in the area of auto dealer fraud to find someone in your area who can help you.
Daniel S Blinn
This attorney is licensed in Connecticut and 1 other state.
Posted about 1 year ago.
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I would need to review your papers in order to know for certain, but I think that you may be a victim of a car dealership scam known as a Yo-Yo transaction where a dealership is unable to get a finance company to purchase the installment sales contract. Check www.naca.net to find an attorney who practices in the area of auto dealer fraud to find someone in your area who can help you.
Ronald Lee Burdge
This attorney is licensed in Kentucky and 1 other state.
Posted about 1 year ago.
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Look at your sales and loan papers carefully and talk to a Consume Law attorney right away. You may not believe it but many car dealers deliver the car to you with no idea of whether or not your loan "really" is approved or not, because they know that if they can put you in their car, then they take you out of the shopping market and that keeps you from buying somewhere else. They worry about setting up the financing later and if they can't set up a lender, then they may call you back and say they need you to come back to the lot and sign a new contract for one reason or another (such as, a better loan rate, you don't qualify with that lender, etc). In many states, that can be illegal. Look at your sales paperwork for a document that is often called a Spot Delivery Agreement. That's a paper that says what how long the dealer has to set up the loan and what happens if they don't get it done on time. It usually says they have 3 to 30 days (usually on the short side of that total) and that if they can't set up a loan then you have to give them back the car and maybe pay for the mileage you drove on it. Whether or not you get your trade in or down payment back should also be covered. This whole process is called "dehorsing" by the car dealers themselves (you can read a Car Dealer's Slang Dictionary at this web page: http://ohiolemonlaw.com/car-dealer-dictionary.html) and doing it can be a violation of most state Unfair & Deceptive Acts and Practices laws. If your amount being financed is less than $25,000 (look at your finance contract's "federal box" where key finance numbers are stated) then it's very likely to also be a violation of the federal Truth In Lending Act too. Some states (like Ohio) also have a law that specifically applies to car dealers doing this sort of thing. If you don't have any spot delivery document in your deal and there is nothing on the finance contract that says it is contingent on financing approval and it says on it that the dealer (by its name) is the "creditor", then your deal may be a final contract and if the dealer can't get a lender to finance the sale for you then legally the dealer is probably stuck having to take your loan payments, but of course they won't tell you that and they, in fact, will probably say they don't have to at all. You need to talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud). Call your local attorney's Bar Association or you can go to this web site page (http://ohiolemonlaw.com/locate-a-local-attorney.html) for a nation-wide listing of consumer lawyers and find one near you. Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are.
tafdesigns
Posted 4 months ago.
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I was looking into purchasing a new 2009 Chevrolet Express and a friend of mine knew someone at Currie Motors in Forest Park Illinois. I stopped by and a salesman showed me the new 2009 Express. I spoke with the Finance and Insurance Dept. regarding financing and informed the Finance manager that I currently have SR22 insurance and had to check and see what complete coverage would cost, being self employed in this economy leaves me with a tight budget. The Finance and Insurance
Director said not a problem, I can put you on a 10 day insurance binder while you check that out. Being in the Finance and Insurance department I am sure he knew what complete SR22 coverage would cost. Through this whole process i was coerced to take the vehicle that day although i wasn’t looking to purchase that day. I called my insurance company when I got home and found out the insurance would run $2400.00 a year - well beyond my means! I didn’t think this would be much of a problem I had only driven the vehicle home and would have to return it. I returned the vehicle on the morning of the 7th of August and was told they would not take it back I don’t understand I was told by the finance director that checking the insurance would be no problem. Being in the business he knew what this insurance would run and pushing me to take that vehicle that same day. I can not afford the insurance and the financing of this vehicle. The Finance Dept. knew this the day they pushed me into purchasing the vehicle. Currie Motors mislead me to take delivery that day, told me “NO PROBLEM”, and when a problem did occur, refused to take the vehicle back. I returned on 8-8-09 and dropped of the keys, again saying their is no way i can’t afford this financing and insurance. Currie Motors returned the vehicle back to my home and put the keys in my mailbox. The vehicle is parked on the street where they left it. Currie Motors Finance Dept. was deceptive in its practice of telling me to take the vehicle that day and not worry about the insurance. While being in the Finance and Insurance industry knowing what SR22 insurance would cost on this vehicle and knowing I was self employed, and knowing my budget, and not telling me I could not return the vehicle after speaking with my insurance company. Would the above information prove dealer misrepresentation, so as to void the transaction and get a full refund? |