Hi, we purchased the car on 10th of November. We received a call from dealership on 28th of November to return the car because of insufficient proof of income.
Is this legal? What can I do in this situation to protect my consumer rights?
ThanksThis Dealership is located in Boise, Idaho.
What you are describing is commonly known as a spot delivery or yo-yo sale. They are typically illegal, but a good source of income for dealers who ask you to come back in and sign an agreement at a higher sales price and/or interest rate.
I agree with the other attorneys who recommend you have an attorney review your documents. You can find an attorney with expertise in this area in the website for the National Association for Consumer Advocates, naca.Net.
Ryan Ballard is licensed to practice law in Idaho. He can be reached by phone at 208-359-5532 or by email at [email protected] His website is BallardLawIdaho.com. This answer is for informational purposes only. It is not intended as specific legal advice regarding your question. The answer could be different if all of the facts were known. This answer does not establish an attorney-client relationship.
You need to thoroughly read all your documents. The sale may have been "subject to credit approval" which included verification of all the sources of income you listed on the credit application. No one can really answer your question without a careful reading of all your documents. Good luck
Nothing short of a consultation with local experienced consumer-rights counsel, who can review your purchase contract in the detail needed, will meet your needs.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
If your contract does not allow them to ask for anything else, you can tell them that it doesn't, that it is a binding contract, and that they can find financing. This has been known to work when dealers attempt a yoyo financing scam and attempt to rewind something that they have no contractual right to rewind. But if they keep at you, getting legal help would definitely be a good idea.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline