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Avoid auto fraud: When can sellers cancel a car dealership financed contract?
Greg Babbitt is an associate at the law firm of Rosner & Mansfield specializing in auto fraud
If you buy a car that is financed through the dealership, the dealer CAN cancel the contract, but only if it notifies you within 10 days of the date on the purchase contract. It is based on the language of the purchase contract. Look at your purchase contract. That's the long yellow document that says "RETAIL INSTALLMENT SALES CONTRACT" at the top. Turn to the back of the purchase contract, and find the box that says "Seller's Right to Cancel." It is at the bottom of the second column.
Car dealers are in the business of selling cars to consumers, not financing cars that consumers buy. So, this box advises you that after you sign the purchase contract and leave with the car, the dealership is going to find a finance company or bank to buy your contract. This language gives a car dealer the opportunity to find someone to buy your purchase contract. Most of the time this is not a problem. However, if the car dealer cannot find someone to buy your purchase contract, it can cancel the purchase contract. But, the car dealer must notify you within 10 days of the date on the purchase contract. If it does not, then the purchase is final and cannot be cancelled. Every purchase contract relating to a car purchase in California that I have reviewed has included this provision in it, and our firm has seen thousands of purchase contracts.
If the dealership cancels within 10 days, you get your down payment or trade-in back. The purchase contract requires the car dealer to return to you all consideration (i.e., everything) given for the purchase. This includes your trade-in vehicle. If you gave a $2,000 down payment and a car as a trade-in, the car dealer must give you back both the $2,000 and the trade-in when you return the car you purchased.
Sometimes a car dealer may tell you that it already sold your trade-in, and will offer you the value of the trade-in as listed on the purchase contract. The language of the purchase contract does not appear to give the car dealer this option. It requires the return of the trade-in. However, if the car dealer does sell your trade-in, at the very least, you should tell the car dealer that it has to give you whatever is the highest value for your trade-in out of either (1) the value of the trade-in as listed on the purchase contract, (2) the fair market value, or (3) what the car dealer received when it sold your trade-in.
The car dealer CANNOT charge you for using the vehicle you purchased from them. For instance, it cannot charge you for the miles put on the car during the 10-day period. However, you are responsible for any physical damage to the car during the time it is in your possession.
If the car dealer exercises its right to cancel the purchase contract within 10 days, you are not required to sign a second contract to purchase that same car. Let me repeat this. A car dealer cannot force you to sign a second contract. If the car dealer cancels the purchase contract with 10 days, you are obligated to return the car, and the car dealer must give you back any down payment or trade-in that you gave with the purchase.
The car dealer cannot cancel the purchase contract after the 10-day period has expired. If a car dealer tries to do this, you should advise it that your understanding is that the car dealer is no longer entitled to cancel the purchase contract, and ask the car dealer to send you a letter explaining why it thinks it can still cancel the purchase contract.


Thanks you guys! I had a
Thanks you guys! I had a retailer here in Miami call me after 15 days and tell me that my financing didn't go through and they wanted their car back... long story short. I keep the car. I took your advice and asked them to write me a letter explaining why they thought that they could have the car after their 10 days were up. Worked like a charm!
Unsafe 2005 Kia Sedona bought new-legal recourse?
I bought a 2005 Kia Sedona brand new in May of 2006. I have done all of the required services required to maintain the warranty. Recently, the transmission died shortly after me, my husband and three small children crossed a busy traffic light and were about to enter a major interstate. The dealership replaced the transmission under warranty, WITHOUT determining what caused the transmission to die. There was no forewarning, no noises that would have signalled there was a problem with the transmission. I have been told by a number of people that a transmission dying after only 46K miles of use is not usual. About a week ago, three weeks after the transmission was replaced, the vehicle died again. Apparently, the service department damaged the crankshaft sensor or something like that when they had replaced the transmission. After the transmission died I have been feeling unsafe driving this vehicle, not knowing whether the transmission would die again since they never diagnosed the original problem. It did not help to have the service department screw up the installation, causing the van to be disabled again.
My question is do I have any legal recourse so that I can get out of this vehicle into a safer vehicle? I know that the repairs were covered under warranty, but I still feel unsafe driving the vehicle especially since I don't know if there is an underlying problem.
We are now living in a fast
We are now living in a fast paced world. Owning a car is not only a symbol of status but it is now necessary. There are lots of companies today that are always ready to deceive their consumers. If a consumer won’t be careful in choosing the right company to trust he would probably be a victim of those company that are scam. Consumers need enough information for them not to be victimized by those opportunist companies ready to take advantage to their consumers.
Can I return a used car
I purchased a used car on Sept 15 and today it Sept 17. The car has a indicator light that has been cleared off by the dealer on Sept 15 and it came back on on Sept 16. The light is for the tire symtem. Apparently the tires are loosing air for some reason. Is it possible for me to cancel this contract.?
Dealer wants car back
I have a question. I thought I bought a car last month. The dealer said I would be approved for the loan on the used car. I went to the dealership on a Sunday a singed the contract and they gave me the car. A week later they said I could not get approved and could I get a co-singer. At that time they never asked for the car back. I found a co-singer a sent in the credit app on them. 3 days later they call back and said that the co-singer has better credit than me and could they put them first on the loan. I said yes. Now it is 21 days after I singed the contract and they say they the bank will not approve the loan because of the mileage on the used car. They now are asking for the car back and trying to sell me another car that cost about twice as much but has ten thousand less miles as the one I thought I bought. What should I do?
Dealer Wants To Steal
I just bought a used 2005 Audi with a service contract, car was financed and all paperwork was signed with the service contract. 1 week later dealer dealer calls me and tells me I need to give him more money due to an error he made. Ive told him I will not give him more money since we have signed a contract already. He says he will report it to the collection agency in order for me to pay. Does the dealer have the right to do this after contract has been signed and can I take him to court for breach of contract?
Car title changed to buyer but check turned bad
Hi,
I had an agreement dated 30 June 2008 with a small car dealer who sold a defective car and who agreed to take back the car by paying me the price of the car, the tax and some expenses when I threatened to sue him. The car price was fixed as $12300 and the car dealer gave an advance for $3000 dated 1 July 2008. He gave me a month's time to search for a car and also wrote a check for $9300 dated 31 July 2008. I deposited the $9300 check on 08Aug09 after discussing with him and he took the car with my sign on the title on 09Aug08. On that day the bank said the the check amount deposited on the previous day was cleared and could be used. On 12 Aug 08, the bank said that the cheque is being returned without payment and they removed the money from my account. The dealer now says that he did not honour the cheque as he is very angry with me. He now wants to give me $1500 less. What remedities are now available to me? Kindly advice.
Thanks
prasanna
unable to get a tag
The car I purchased apparently has never been registered. When I purchased the vehicle, I was able to transfer my current tag to the car. The dealer was supposed to have taken care of this for me for a 100.00 transfer fee. When my tag expired on my birthday, I went to renew the tag and was unable to do so. I went back to the dealer and was given a 30 day temporary tag. I was told that the matter would be cleared within a 30 day period. After that period was up I went back to the dealer again to get my tag and he's basically giving me the run around. Something very strange is going on. He offered me his dealers tag which he never produced. I'm currently riding arround with an expired paper tag and do not want to risk getting into a jam with the law. This is my only transportation to get back and forth to work. What can I do?
Can't get lienholder to send title to Georgia
I purchased a vehicle in Columbus, Ohio in May of 2007. Within two weeks, my husband and I had to transfer to Georgia, for his job. I was unable to register the car in Ohio, as the white copy of the title had to be forwarded to me in Georgia. I had some initial difficulty out of the dealership financing dept, to send my title to Georgia, so I would be able to register the car. They sent a white copy - which was okay for a temporary tag. Since August of last year (2007), my local registrar has been in contact with the lienholder, repeatedly asking for the title. They sent three certified letters and received no response.
The lienholder initially refused - stating they don't title their vehicles out of state. Then, when advised that was illegal or fraud (I should have been advised of this at the time of the sale), they changed their tune and said they would make an exception to their rule, but would send the title only when my account was current. My account is not delinquent and I still cannot get my car titled in Georgia. I have been paying for a car that I cannot drive (temporary tag expired in June of 2008).
Is there anything I can do, to either sue the lienholder for my Ohio title to be transferred to a Georgia Title, give back the car, or apply for a bonded title? I don't understand the problem, since they will still be listed as the lienholder on the yellow title and retain the yellow title until the loan is paid. Any help would be appreciated.
dealer forced their financing when we purchase a new car
My husband and I purchased a new car. The next day we looked at the contract and realized they add gap insurance for $750. I called my State Farm agent and found out that we could get the same loan rate through them add gap insurance would be included. We called the Hydundai dealership and told them to cancel our loan and gap, we plan to get our own financing? The dealership refused to cancel the financing and would only cancel the gap. So now if we want to refinance we would have to pay off the loan with the gap in the loan and later be refunded the gap later. This would make our monthly payment higher. Does any one know if we had any rights to cancel the financing? We called the finance company which was Desert School credit union and they asked the dealer to cancel the loan but the dealership said no.
check on your States Laws,
check on your States Laws, some States have a 3 Day "cooling-off Period" if you dont have that wait about 2 weeks or so and then get your own financing and pay off the original Loan ( make sure your State has a "no prepayment penalty") and then cancel the Gap ( refund will come back to you) , the Dealer gets a "reserve" from the Finance Company and if the Loan is paid of in 90 Days, the Dealer has to pay the reserve back.
Good Luck
New Car contract in Georgia
I was told that I was approved through The Toyota Dealership on 6/13/08 before the 5:00 pm time frame. The finance manager then took me into her office and she informed me that there was a bank that would finance me at a slighter higher interest rate, however, I would receive the Toyota rebate. In the long run, I would be saving more money by going through the bank. I was never asked if I had filed bankruptcy while I had filled out he credit work before being approved by Toyota. I have had a bankruptcy that is approaching the 3 year mark, however, my Beacon score is around 720. Needless to say, I filled out all of the paperwork and left with the car. I was congratulated on my new car purchase. I got a phone call on Monday evening from the financial mgr. at the dealership saying that the original bank could not approve me, nor could the Toyota dealership. Remembering back to the conversation that I had with the sales people and her, I had been told that I was approved. The paperwork has been signed and there is no stipulation in that contract about a bailment agreement or the right of the dealership to void out this contract. She has since run my credit through various banking institutions without my approval for her to do this. #1 what gives her the right to have these banking institutions run my credit without my approval- the entire time, remembering that everyone had said I had already been approved on that Friday the 13th of June. #2- If there is no fine print on any of my paperwork stating that there is a bailment stipulation to this contract, who's problem is it mine or theirs?? I'm really not wanting to give the car back to them, unless, legally I have no choice... Please clarify this for me. Am I stuck without the new car? At this point my credit has been ran so many times in the last day and a half, that I would not qualify for a reasonable loan now through any creditable banking or dealership institution.
I cannot tell you what will
I cannot tell you what will happen, but I am having the same problems with the car I had just purchased. I didn't put any money down, no trade in, etc. I was told I was approved my a bank in washington and that I was good to go. I signed the papers and left with my new car. 2 weeks later I get a call saying the bank cannot finance me yet because they need to get a hold of a relative in washington. So now I am with a car with no bank financing me. I am not sure what I can do or if I should just take the car back. It's been almost a month and im still not financed. I feel like I've been taking my new car for a long test drive... please help.
auto dealership contracts
I have a vehicle I "bought", signed a contract , & drove home. Three weeks later, I find out the bank refused to finance. I contacted the dealership who claimed to be able to get me financed somewhere else. I said I'd give them back "their" car & get back my money & trade-in. They refused! They paid off the trade-in loan so they say I can't return theirs & get my trade-in car back unless I give them a check for the trade-in payoff. The trade in value & the tade in payoff amounts were the same. An even wash. I said fine keep it, take yours back, & give me the cash downpayment back. They claim I'm "still under contract".....even though the bank didn't pick it up. So I have no choice but to give them the full amount of the trade in or sign the new contract. It's not my fault they paid the trade in off before making sure the bank was going to pick it up. What do I do now??
Avoin Auto Fraud
Before I begin telling you about my situation, I would first like to provide you with the information on my Retail Installment Contract.
Year: 2000 Used Make of Motor Vehicle: Jeep Model: Grand Cherokee 4WD Type of Body: V6
Federal Truth -In-Lending Disclosure Statement
Annual Percentage Rate: 28.000% Finance Charge: $ 2831.79 Amount Financed: $ 8924.13
Total of Payments: $ 11755.92 Total Sale Price (The total cost of my purchase on credit, including my down payment): Cash Down Payment: $ 4000.00 is $15755.92
Number of Payments: 24 Amount of Payments $489.83
ITEMIZATION of AMOUNT FINACED:
Cash Price (Not Including Taxes) $ 11800.00
Cash Down Payment $ 4000.00
Unpaid Balance on Cash Price $ 7800.00
Sales taxes $ 1067.13
License Fees $ 0.00
Certificate of Title Fees $ 0.00
Other $ NA
Documentary Fee $ 57.00 $ 1124.13
Unpaid Balance- Amount Financed $ 8924.13
24 Monthly payments of $ 489.83 beginning on 11/29/1907
What they failed to mention is that with the $ 4000.00 Cash Down Payment They also received a cash amount of $ 143.00 which they said I had to pay for License Fees. The total amount of money I had to pay before being allowed to remove car from car dealership's lot was $ 4,143.00
Shouldn't they have shown this amount on my Retail Installment Contract. Why above it shows $0.00
When I asked them why the cash amount of $ 143.00 dollars was shown as 0.00 they said no dealership is suppose to put the amount that you paid them in cash for your license fee on your Retail Installment Contract. Then why is it a place on my Retail Installment Contract to put the amount I paid for the license fee if they are not suppose to show the amount on my Retail Installment Contract. I am wondering if they had me pay the $ 143.00 for license fee but not list it on my Retail Installment Contract because than they could secretly charge me again and hide the cost within the financing cost or some where else or some how get illegally reimbursed for $ 143.00. I know that 28% interest seems so unethical but maybe it's legal. Can you please look over everything that I typed you and tell me if you think all their actions were legal and if not which act or acts are illegal. Thank you for your time, I hope to hear from you soon.
Avoid Auto Fraud
Typo Errors In My Orginal Post
Sorry, I meant to put Avoid Auto Fraud but mistakenly typed Avoin Auto Fraud.
Also error on 24 Monthly payments of $ 489.83 beginning on 11/29/1907
should read 24 Monthly payments of $ 489.83 beginning on 11/29/2007
Thank You.
WHAT CAN I DO
I PURCHASED A CAR ON EBAY FROM A DEALERSHIP CALLED DERBYSHIRE MOTORS,,, THEY SAID CAR RAN GOOD THE TRANSMISSION SHIFTED AS IT SHOULD,,,, WELL BOTH ARE UNTRUE,,,, CAR HAS LITTLE ACCELERATION AND WONT GO INTO REVERSE SOMETIMES,, IT LEAKS OIL BADLY. WHEN I PURCHASED CAR THEY GAVE ME THE WRONG TITLE,,,,, I SENT IT BACK,,, THEY SENT ME THE RIGHT TITLE MADE OUT TO THE WRONG PERSON,,,, I SENT IT BACK,THEY TOLD ME I WOULD HAVE NEW TITLE IN 7-10 DAYS,,,, ITS BEEN 3 MONTHS,,,WHAT CAN I DO,,,I JUST WANT A CAR IN THE CONDITION THEY SAID THIS ONE WAS IN,,, OR MY MONEY BACK,,,,, I NEED HELP. BUYER PROTECTION FROM EBAY WONT WORK TOO MUCH TIME HAS PASSED,,,THE ONLY REASON I KNOW WHAT IT DRIVES LIKE NOW IS BECAUSE THEY SENT ME A 7 DAY TAG TO DRIVE IT,,, CAN SOMEONE HELP ME,,,,IM A SINGLE MOTHER AND I CANT AFFORD A $2000 DOLLAR PAPERWEIGHT
Dealer wont give me the car i purchased
i bought or financed a car with a co signer but my license was suspended when i purchased it and they knew about it cause i told them and the dealer wont let me or my co signer take the car because they say they havent found a bank to finance me and that my license is suspended.can they do that please help.
I had such a problem quite
I had such a problem quite recently, but I stood firm on my position and the car dealership didn't have what to do... Lots of dealerships just try to score more money with you, but if you stay put, they will give up and swallow their defeat.
I purchased my vehicle on
I purchased my vehicle on 3/11/08. I was told I was financed through citifinacial auto and even received a call from them later that week verifying my info...then I starting getting calls from my old car lein-holder stating that the payoff has not come in and as such i owed money...fast foward to late april...I finally receive a call back from the dealer stating that my husband needs to come in and sign a single peice of paper and we need to make our first month payment...per the bank i do have a 10day grace (payment due on the 24th i have until the 4th)...and due to their screw up I had no information on where to send it...on 5/2 i made payment to the dealer and have receipt of it. Today 5/11/08 60 days later i am being told that the bank chose not to ratify my loan. Per Colorado regs 12-6-118(3)(v), the dealer only has 10 calander days from the date of the purchase order or agreement on a finance or consignment sale to give a rejection of financing notice. I really want to keep my new vehicle but now i am resigned to giving it back so long as I get everything that I gave as collartal for this sale back and not get charged $50 per day and $.50 per mile as it would equal over $4000. The dealer had never contacted me saying that there were problems, I had to contact them after I started getting collection calls. Any suggestions?
fraud
I was making payments over the phone for my sister who had purchased a Honda Passport from a used dealership. When i made those payments I told them everytime do not keep my check card number on file, they said they never keep records of any personal accounts or check cards. Now to find out they have been taking payments without my authorization adding up over a $1000.00. My situation is that i've won the fraud case against them now they made a threat to my sister to repo the car from her if they don't get back that money. They say since they had to pay the money back its like she did'nt make any payments. They stole money out of my accounts for her car payments, can they repo her car just like that?
Congratulations on winning
Congratulations on winning your case, but in your sister's situation I would say the answer is yes they can repo the vehicle. What they did to you was definitely wrong, but your sister is driving a vehicle that needs to be paid for regardless. If they took the money from you, but had to return it (rightfully so) that means your sister was driving a car for free for however many months they were leaching from your account. So, she should just make the payments that she missed as she should have noticed she wasn't paying for them in the first place and alerted you sooner?!? I mean you got your money back but that doesn't mean that she got a blessing in disguise in the form of a few payment free months. I'm sure she signed a contract at the dealership stating that she would pay her monthly installments, and I'm willing to bet it's in the fine prints that if a certain number are missed or delinquent then the car can be reposessed.
okay,i think the dealership is tryna fuck us over.
Okay so My mom just purchase a car for me for my birthday. On april2.08& the dealership had told us that the bank has approve everything & that we will be getting our bill payments in 45days & now the man who sold us the car called my mom & told her that the bank has denied the car cause of her bad cerdit idont know what to do. could i just get another cosigner from a different state because as of right now the car is a california Lic. Plate & i live in Nevada. Cant i just go to the Nevada honda dealership & just get another cosigner & do everything over? or would it cost us more? i just dont understand why would they let us take the car out of the Lot for & let us sign all these paper.
Please help
Thanks,
how to sue in NC
How do I sue this dealership?
I was in Gastonia (Charlotte) North Carolina on April 12th, 2008. On the way to the airport to fly back to Saratoga, New York my sister and I heard a snipit of a radio commercial from Folger Kia of Charlotte selling a brand new Kia Rio for $5998. On April 13, 2008 I went to folgerkia.com to look up the ad; it didn't come up so I made my first phone call to 888-247-0384 and got a man named "Moses".
At the beginning of the telephone call a recording came up stating: this phone call is being recorded for quality assurance. Moses stated that indeed Folger was selling a 'stripped down' version of the Kia Rio was being sold for $5998; no power windows, no power locks, no air-conditioning. He assured me that there was "great availability" of the sale vehicles on both Folger lots. I asked if there was a way I could look at the ad on the web since I was in New York and didn't want to come back to Charlotte and get hookwinked. He said the ad was up on Folger's web site. I said no it wasn't and asked where I could see it. He said the "Charlotte Observer". Well since I was in NY at the time I couldn't look at the ad. I asked him again: $5998? He said yes. I asked if there were any other payments or anything. He said "no".
I then contacted the Schenectady, New York Kia dealer and explained the Folger deal and asked if they could meet or beat Folger's price. The sales person asked who I spoke to and the phone number of that person, which I gave him. He called "Moses" and called me back stating that he was also quoted the $5998 price and was told there was "great availability" of the vechicles. He than stated that the car books for almost $12,000, that it is a great deal and advised me to go to Folger's and buy the car because he couldn't meet, let alone beat their price.
I then called "Moses" back to make sure I wasn't missing anything. He said there is great availability of the Rios and asked me what color I wanted. I said I wanted a copper colored one and one any color than white. He said that they have them.
I called back on April 14th around 3pm and spoke to "Moses" again again asking the same questions getting the same answers. I told him that I am going to fly down on the 15th and I want two cars. He said they will have them ready and waiting for me. The person who was buying the second Rio - Ken; any color but white called "Moses" and "Moses" promised that they had the cars on the lot, that they were $5998 and made an appointment for 6pm on April 15 at their South Blvd. shop. Ken called me and said that he can't wait to get the car. I called "Moses" with Ken on three-way conference call and stated firmly: 'Moses, I want to make sure that you are not messing with me, will there be two cars waiting for me?" He said, yes, there is great availability. I asked him again about the price, he said $5998; no catches. I asked, cooper and anything other that white? He said, yes and asked what color would Ken prefer, Ken said he would have to see what they had on the lot. I said, "Moses, I'm not the kind of person to be screwing with and asked him again: $5998 no catches? He said, yes. I asked: No bullshit? He said: "No". I said, see you at 6pm tomorrow. He said okay.
Ken and I got up at 5am and headed to the airport. We flew out of Albany, NY into Florence, SC and picked up a rental car and checked my messages. "Moses" left a message to confirm that we were coming. I called "Moses" back and confirmed. The cars were on the lot, I told him that we had 127 miles left to drive and asked him if about 4:30 would be okay. He said that would be fine, the sales manager would meet us there.
We pulled up to the dealership at 4:45pm and asked for the sales manager. We were brought to Ray Hall who brought us out to the lot where we were told that the Independence Drive dealership had sold the last Rio that morning and offered us a $14,000 car. I immediately called "Moses" who said that he was assured by the sales manager of the South Blvd store that they had the cars. He asked if they had a copper colored car on the lot. I said yes but it wasn't a stripped Rio, that it was a $17,000 car and "Moses" than said that he hadn't lied to me, he promised me a copper Rio and that what was there. A man named Porfiro Candelario came to me and said that he has worked with Folger's for a long time and that they don't have the Rios that I came there for and tried to sell me a $14,000 one telling me that I needed an air conditioner. He said he understood why I was upset but there was nothing he could do.
I called "Moses" again and asked if I could speak to his manager. I heard him say to someone, "I'm saying that! I'm trying!" I demanded his manager. A man named John Pultzer got on the phone and explained that he and "Moses" doesn't even work for Folgers! They work for a call center for Folgers and many other dealerships! And that I needed to speak with Folger's store manager, Dennis.
I went to the office and asked for Dennis. An overweight rude man came over to me and sat down at the table and asked me what I wanted. I told him two Kias for $5998 each or reimburse me for my travel and time. He told me that there was nothing he could do for me, that he had been working with "Moses" for years and that he would never tell me I could have two cars @ $5998 each and there was nothing he could do for me. I said then I would have no choice but to place a complaint and possibly sue them. He said "Than sue me" and walked away. I called the 888-247-0384 and spoke to John Pultzer again. He pulled up over 60 minutes of recorded calls between Me and Moses, Ken and Moses and the Schenectady Kia dealer and Moses. He promised me that he was going to listen to them and call me back. I sat there and tried to call the Better Business Bureau, it was after 5pm and they were closed.
On my way out of the dealership there was a couple coming in. I asked them if they came in for the 2 Rios for $222 a month, they said Yes. I told them that there weren't any on the lot, they can't get them and that this is fraudulent advertisment called "bait and switch" and as I was talking to them Dennis came out of the office and told me to leave the property.
At 8pm and no phone call back from John I tried to call him. I was told that he was in a meeting and would call me back. He never did.
At around 11am on April 16th I called John and he told me that he was told that he wasn't allowed to speak to me and that I was sueing them and ended the call.
I then called the Better Business Bureau and was told that Folger Kia had several of the same kind of complaints against them. I was then told that my best bet was to contact the Attorney General and sue Folger.
At around 4pm I got a call from a Rich Mays, he said that he was the sales manager. He apologized for "Moses" actions, told me that "Moses" had been fired and that all my phone calls to "Moses" were recorded, that there was over 60 minutes of them and that he had listened to all the tapes. He said that "Moses" had only been working for the call center for two weeks and had mislead me and lied. He said there was no question about it and asked me what they could do for me. I said two cars at $5998 each. He said that he couldn't do that. He said that they hadn't had any of the $5998 cars in days and that they weren't being sold for that price. He said they were being offered for $11,998 minus $4,000 down payment minus $1,000 rebate. I explained to him that this trip cost Ken and I over $1,000 plus two days loss of wages plus the aggravation. He offered me one at $9,000. I then said we would accept one at $9,000 and the second car for $5,998 plus $1,000 for our travel. He said that he would contact the owner of the dealership and call me back.
At 7:45pm he called me back. He said the bottom line for the dealership would be one car at $9,000 delivered by 3pm on April 17th. I said I couldn't accept that, I flew to NC for two cars at $5,998 each and our bottom line was $1,000 trip reimbursement and $14,000 for two cars; that is $2,000 more than what we had came down here for. He said he couldn't do it and asked me to "talk to Ken" and ask him to accept that deal. I said I would do that but I wouldn't count on it. He asked me to call him back.
I talked to Ken and he said no. Two cars at $9,000 is $18,000, that is 3 cars at $6,000 plus our travel and aggravation.
I called Rich back and told him no. I offered him to have the "call center" eat the $5,000 that the dealership needed. He said that "they were one in the same". I ended the conversation by saying I am sorry and I will start the process to get this taken care of.
Dear Deborah, I suggest you
Dear Deborah,
I suggest you file a complaint with the NC Attorney General, NC commissioner of the dmv and the governor of NC. Good luck and let your voice be heard. Consumers need to take a stand and demand national laws that govern auto dealers so the can be held accountable and liable for their unscrupulous business practices.
NEVER TEST DROVE THE CAR OR TAKEN CAR OFF DEALER LOT PYMT DUE
WENT ON AUTOTRADER.COM THIS CAR WAS ON THE ADD FOR $19,999 WENT TO THE DEALER ON 3-22-08 THE CAR WASGETTING FULL INTERIOR RE-DONE, NEW PAINT, NEW CONVERTIBLE TOP, WAS OFFERED A SL 500 MERCEDEZ BENZ FOR THE SAME PRICE. WE PURCHASED THE SL 500 HAD THE A/C NOT WORKING, THE CONVERTIBLE TOP LEAKING HYDROLIC FLUID, BADLY USED TIRES, WE TOOK CAR BACK ON 3-24-08 TOLD TIM DID NOT WANT THIS CAR IT WAS UNSAFE AND PLEASE CANCEL CONTRACT THEY SAID THEY WOULD FIX THE CAR AND GAVE US A LOANER CAR. WE SAID WE WANTED OUR DOWNPAYMENT OF $5,600 FOR TRADE IN AND 2,000 CASH AND THEY ADVISED WE SIGNED A CONTRACT AND WERE FORCED KEEP THE CAR. ME AND MY HUSBAND WENT TO THE DEALER ON 3-27-08 ADVISED WE WILL THEN BUY CORVETTE. TIM TOOK $500 CASH AND SAID THIS IS FOR THE CANCELLING OTHER CONTRACT, NEVER GAVE US A RECIEPT OR ADDED IT TO DOWN PYMT (EMBEZZLED) TOLD US WE HAD TO BUY CAR WITH ONLY 30 DAYS WARRANTY AND CAR WOULD BE READY IN TEN DAYS. WE NEVER TEST DROVE THE CAR BECAUSE IT HAS BEEN IN PIECES. AFTER SEVERAL ATTEMPTS TIM WAS AVOIDING OUR CALLS. 4-7-08 MY HUSBAND SPOKE WITH JACQUE AT SERV. CENTER SHE SAID CAR WOULD BE READY ON SAT.THE 12TH. 4-10-08 MY HUSBAND WENT DEALER TO SPEAK TO KIM THEY SAID HE WAS IN A MEETING SO HE WENT TO THE SERVICE CENTER AND THE CAR WAS STILL IN PIECES AND NO PAINT HE SPOKE TO KAINNE AT THE CAR CENTER SAID CAR BE READY TUESDAY THE 15TH. 4-14-08 MY HUSBAND RECVD A CALL FROM SERV. CENTER ONCE MORE AND THEY SAID CAR WILL BE READY SOMETIME NEXT WEEK. 4-14-08 FILED COMPLAINT WITH BBB AND CALLED THE TIM AND WHEN I SAID MY NAME WAS TOLD WAS UNAVAILABLE,CALLED THE SERV.CENTER SPOKE TO KARINE SAID CAR WOULD BE READY NEXT WEEK I ASKED HER FOR SOMETHING IN WRITING AND SHE SAID TIM IS IN THE OFFICE AND EXPECTING MY CALL. I CALLED TIM HE WAS VERY UPSET AFTER I TOLD HIM I WOULD LIKE TO CX CORVETTE CONTRACT AS HE WAS IN BREECH OF HIS CONTRACT THAT I NEVER TEST DROVE CAR AND CAR HAS NOT BEEN DELIVERED HE SAID " I CAN RUSH THE PAINT, SLAP IT ON" AND BEGAN TO LIE AND SAID, "YOU DID TEST DRIVE I DONT KNOW WHAT YOU ARE TALKING ABOUT", WHEN I HAVE PROOF THE CAR WAS IN PIECES. HE THEN HUNG UP. THE BANK NOW WANTS THEIR FIRST PAYMENT...DO I HAVE TO PAY BEING I HAVENT EVEN TOOK THE CAR TO TEST DRIVE? WE CALLED TIM AGAIN AND HE SAID IF WE DO UNWIND THE DEAL THAT I AM STUCK WITH THE FIRST CAR THE SL 500...IS THAT TRUE? THAT IS WHY HE TOOK MY $ 500 TO UNWIND THE FIRST DEAL IN THE FIRST PLACE.
Auto Loan
I bought a vehicle (had a trade ) on Monday, March 31, 2008, was told what my payments were and when my first payment would be due. I got a call today stating that they were still trying to get the bank to finance me, after they told me the name of the bank they were using and I signed all the paper work. They are basically telling me I need another co-borrower and that they are still working on the deal. I just do not understand why have me sign the paper work and let me take the vehicle home. I asked if my payment was still due on April 30th and they stated yes, how can that be if they are now saying they do not have a bank? Should I just try and get my vehicle back or what do I do?? I am so frustrated and humiliated.
Thanks in advance.
Bought Used Car, Blew Engine 3 hours later.
I bought a used 2000 dodge intrepid. Had a small knocking sound here and there that they did tell me about , thats why they were selling it cheap, Well I bought it , went on got the oil changed and drove it maybe 10 miles total and the engine blew up.. They are saying I bought it as is and that will would be willing to go 1/2 with me on an engine. and picking up the install . Is this fair ? Or should they be picking up the whole cost, or just having me return the car?
Not sure what to do?
Vehicle dealer contract
I went to a dealership and and purchased a car. I put $8,000 down and $1,000 for my trade, which I may add was half of the purchase amount. The reason for me putting so much down was to get "approved" by their lendor...
Now here it is time to make my 1st payment to the bank and the bank informs me that I am NOT in their system. Come to find out I was never officially approved. It states in the Retail Installment Sale Contract that the Seller (dealership) has 30 days to locate finacing for me. Also states that the seller has the right to cancel in 30 days.
It has been 32 days. I am wondering what happens if they don't cancel the contract and follow up with me in those 30 days. What rights do I as a buyer have?
Revealling sale of old vehicle
I would like to know if I have to reveal to the Finance manager where we purchased a Grand Caravan last week whom we sold our current vehicle and for how much. I personally think it is none of his business. We had filed bankruptcy in 2005 and the vehicle was discharged in the debt. The lender has us in the bankruptcy division, and has not reported any payments since 2005. Our attorney that handled the case advised us to give the vehicle back as it still has negative equity. At time of bankruptcy it had almost 7.000 negative equity. I can see why they didnt'want to reposses it, rather they allowed us to make payments. We were under the impression that they would be reproting to the Credit Bureaus our payments but they havent, now they want us to reafirm first, our attorney said NO WAY, GIVE IT BACK, Our credit has already been affected.
My concern is the insitence of this Finance Manager on knowing what we do with the vehicle. Can I just tell him it is none of his business, they found financing for us, the contract has been signed. What difference does it make to them as long as we pay our required monthly payments. By the way we have never been late on any payments before bankruptcy , nor after.
Anyone got any solutions to this.
Thanks
Need to know if i can get a title?
I have a friend who is trying to sell me his car but he purchased the car through a dealer that went out of business and he still owed money on it. It has been 5 years since then and no one has came to take the car and has no one to pay or been notified of were to pay for the car anymore since there was a lien on the car through dealer he has no title how can i get a title for the car to be able to purchase it fom him and put plates and insurance on it.
10 day breach of contract
Regarding the above, I wasn't sure about the answer. I purchased a car on the 19th and recieved a letter on the 31st. It was postmaked the 28th which is Friday and that does put it in the 10 day period but the fact I didn't recieve it until the 31st, Monday does that make it legal? It was sent by regular mail and the postage stamp, which looks like their own says the 28th. I called them and they said to call tomorrow (today) and talk to the finance manager that we still may be able to "work it out". What do I do?
what can i do??
hello i live in new jersey and i financed a 2008 nissan altiima on march 14.
the dealer let me buy the car but have the insurence under my freinds name because my insurence was so high i
didnt want to buy the car anymore because the insurence. but i had a freind she was much older then me and had a good
driving record and the insurence was much lower under her name so the dealer let me have registration in my name but the insurence
under her name. is this possible??.
i got the car and i drove home and march 28 i got in to an accident. do i have to call a claim on my freind's insurence?
or does the dealer take care of it but the dealler didnt give me the temporary insurence?
also after i fix the car under my freind's insurence can i returne the car? and if i return my car can i get all of my deposites and after today march 31 i cant even drive my vehicle even after i fix the car because the dealer didnt get my license plates yet. im sorry about my very poor english grammer i was only here 2 years from korea.
please help me and thank you have a wonderfull day
what should i do in a situation like this??
hello i live in new jersey and i financed a 2008 nissan altiima on march 14.
the dealer let me buy the car but have the insurence under my freinds name because my insurence was so high i
didnt want to buy the car anymore because the insurence. but i had a freind she was much older then me and had a good
driving record and the insurence was much lower under her name so the dealer let me have registration in my name but the insurence
under her name. is this possible??.
i got the car and i drove home and march 28 i got in to an accident. do i have to call a claim on my freind's insurence?
or does the dealer take care of it but the dealler didnt give me the temporary insurence?
also after i fix the car under my freind's insurence can i returne the car? thank you please help me > <
Contract cancelled by dealer, but told to wait...for how long?
I purchased a 2008 GMC Acadia from #1Simpson Dealership in Anaheim Hills, CA on March 14th. I was working with the Internet fleet manager, and faxed all of my financing information to him on March 11th. The dealer had 3 days to obtain firm approval of my loan before I took delievery of my vehicle. Before I drove the 40 miles to the dealership on March 14th, I called 3 times to get a firm word as to my approval percentage rate and price of the vehicle. I was only given the verbal firm approval at a 7.99% rate.
Depsite my best efforts to obtain firm approval before I took delivery of my new Acadia, the dealer now says that it can't get financing. However, I have received no declination letters from financing companies. They sent me the certificed letter canceling the contract on 3/21/2008, but told me that they really don't want the vehicle back. It was just a formality IN CASE they can't get me approved. I have sent 2 e-mails to the internet fleet manager asking when I should return my Acadia and get my van back. No response. The finance person who signed my contract has told me twice on the phone that I don't need to return the vehicle because they are still trying to get me approved.
My question is this....Athough they sent me a written cancellation notice, they have verbally told me not to return it. How long can this go on? What happens on March 25th, after 11 days have passed, and they try to tell me to return the vehcile then. Does that letter buy them an indefinite amount of time to obtain financing? What about fraud? I was told that I had firm approval. They had my proof of income, insurance info, driver's license and credit report access 3 full days before I took delivery of the Acadia. This practice does not seem legal.
not wanting the car
i was going to buy a car in Alabama and the dealer backed out on a couple of things he was going to give me, but we had signed all papers. the dealer had to find the car we wanted and it will be in the next day. Can we back out of the deal and not take the car. we have not even recieved the car yet.
I WENT TO A CAR LOT IN
I WENT TO A CAR LOT IN TACOMA WA AND ATTEMPTED TO GET A CAR. THEY PUT ME IN ONE AND I GAVE THEM 1400 DOWN AND SIGNED A PROMISARY TO BRING IN ANOTHER HUNDRED WHEN I GOT PAID. THEY SAID THAT THEY WOULD TAKE CARE OF THE INSURANCE AND WE WOULD WORK THAT OUT LATER. I DROVE THE CAR HOME. THE NEXT DAY I CALLED TO SEE IF THE FINANCING WENT THRU BECAUSE IT WAS AFTER HOURS WHEN I LEFT THE LOT THE NIGHT BEFORE. THEY TOLD ME NO BUT THEY ARE GOING TO KEEP TRYING. TWO DAYS WENT BY NO CALL. SO I TOOK THE CAR IN. THEY THEN SAID THEY COULDNT GET IT DONE. THEY WANTED THE CAR BACK AND THEY SAID THEY WOULD GIVE ME MY DOWN PAYMENT IN A COUPLE OF DAYS. I SAID HELL NO. SO THEY CAME UP WITH A CHECK FOR ME. IT WAS FOR 1219. THE TOOK THE MONEY THEY SPENT OUT OF THIER POCKET FOR THE INSURANCE. IT WAS 181. ON THE RECIEPT I GAVE THEM IT SAID NOTHING ABOUT INSURANCE. IT JUST SAID DOWN PAYMENT. SO I SAID THAT I NEEDED ALL OF MY MONEY. I NEVER EVEN SIGNED A INSURANCE CONTRACT NOR DID I TALK TO ANY INSURANCE BROKER. THEY SAID THAT THEY WOULD WRITE A LETTER AND MAKE SURE THAT I GET MY MONEY BACK. THIS PROCESS IS A WEEK OR TWO. 3 WEEKS LATER I GOT A CHECK FROM THE INSURANCE COMPANY FOR 24 DOLLARS. THE AGENTS SAID IT WAS BECAUSE OF A INCREASE IN MY RATE BECAUSE OF PRIOR LICENSE PROBLEMS. THE ACTUAL INSURANCE PEOPLE SAID IT WAS BECAUSE I HAD THE CAR FOR MORE THAN 48 HOURS. I NEVER SIGNED FOR ANYTHING MIND YOU AND I NEVER SPOKE TO ANY AGENT. THE FACT IS I NEVER OWNED THE CAR AND I NEVER SIGNED ANY THING NOR WAS AN AGREEMENT MADE FOR ME TO GIVE THEM ANY THING FOR THE INSURANCE IF THE DEAL DID FALL THRU. IS THIS LEGAL. I PLAN ON SUING THE LOT FOR MY MONEY. WHAT DO U THINK?
also the finance guy at the
also the finance guy at the dealer mentioned something about going through a credit union, maybe they will pick up the terms we agreed on. i never heard of this, can anyone tell me if this is wise to accept.
i bought a car march 1st
i bought a car march 1st 2008, yesterday on the 15th of march 2008 i get a call from the woman that sold me the car saying that i had to come back in to resign a new contract because the finance company had pulled away from my deal, it took them 2 weeks to let me know this, i called my sales person at least 10 times prior to this because i was waiting for the dealer to payoff my previous vehicle loan and i had a payment coming up so i wanted to know the status of this, she never told me. so i went in on the 15th supposedly to sign a new contract on the same terms, but when i got there they had nothing, they told me come back on monday, i want to tell them to shove this vehicle and get my 2000 dollar downpayment back, can i do this , im in illinois.
car financing
I went to a new car dealer, I have had the car almost 2 weeks, the dealer has told me they are trying to get the car financed but have nothing yet.
Can I returned without it being called voluntary reposession?
lemon car
I recently purchased a 95 nissan sentra from a local dealership. The day after, I took it to my mechanic. They told me one of the brake lines was plugged. Can a dealership sell a car like that. I took the car back the same day to fix some of the repairs they claimed to have fixed already. Of course they did nothing and then returned the unfixed car to my driveway the next morning. Check this out the dealership does not open until nine oclock and by ten oclock they had the car back in my driveway, claiming to have put about 4 hours of labor into it. This is my second attempt to try and get the car fixed, with them doing nothing. Would I have a legal case.
10-day cancellation period
Does the 10-day window a dealer has to cancel a finance contract apply in all states, or just California?
old car lien
I have a lien on a vehicle with a dealership outside of the big 3, the dealership has gone out of business. What can I do to clear this matter? My payments were set up to go directly to them in person but now I'm not sure for payments, or just finding out balance on the vehicle, who to contact? I never received any notice for payment or new location information. Please help me.
Bought car bank denied loan
I bought a car feb 1st, yesterday, feb 12th I recieved a letter from Capital one who is on the contract as the financer stating that I was denied. I have recieved no notification from the dealer that I got denied from capital one. I don't feel I should need to take the car back if they ask. What are my rights in this situation, do I work out a new contract with them, will they have to carry the note on the car etc... I want to be prepared in the case that they ask me to return the car. The car was purchased at Tustin Nissan in California. I put 4k down.
Thanks
how did your situation work
how did your situation work out?
bank denied
Im in the same situation, what was your out come? Did you have to have legal advise or representation?
In NJ, was sold broken car now I'm in a big predicament!
Hi, I live in New Jersey. I initially owned an older but nice car, but wanted a newer sports car. So I went over to a dealership, supposedly the number one for this company in the tri-state with the largest service department, that sold the car I wanted, and it was a very nice facility. I traded in my car, put some money down and purchased the sports car I wanted. Roughly 6 months later I returned to the dealership to trade the sports car back in because I wanted return back to school and didn't want to make such high car payments. I now owed roughly $24,000 on a car which I had just purchase months earlier and the dealership only wanted to give me $16,500 or $17,000 for. I needed to lower my car payment inorder to go back to school even if it meant taking a loss. Basically they put into a used 2001 'AUTOMATIC transmission: you'll see why this is important' car with 60,000 miles on it and with an extended 100,000 warranty I purchased. So basically I ate up the loss in a 6 year finance, and lowered my payments by $250.00 and insurance dropped over $100.00 a month. I drove off the lot after I purchased the car and noticed it was driving odd and making odd noises, so I brought it back and asked to cancel the deal and put me back in my old car. They told me they wouldn't do that and they would repair it free of charge. They ended up replacing the transmission which was like a $3000 job. A couple months went by and the transmission started acting up again, so I brought it back. When I went back a employee in the service center told me that they couldn't even drive my car into the garage, it had to be pushed. So they fixed my transmission again and this time I don't know what they did, but they had it for 4 days, I got charged $100.00 for renting a car and $100.00 surcharge for the fix, I was pretty mad. Now a couple more months went by and I took my car to be inspected because it was time and now it didn't pass inspection because of something with the front suspension. I haven't brought the car back to the dealership yet, all I know is this all happened within the first year and two months. I have 80,000 miles on the car now and don't want it anymore because god knows what will happen to it after 100,000 miles when all the money for fixing it comes out of my pocket. I hold the dealership responsible for not allowing me to return the car when I had the chance and don't know what to do, should I sue the car company. I've already talk with them about putting me into a different car and I still have a lot of overhead on the car so it really doesn't make sense for me to dig my hole deeper. Thanks for reading this and any insight on what I should do would greatly be appreciated because I seem to be in a predicament. Thanks again.
NJ Lemon Law
Most states have a Lemon Law policy. Check on the Law in your state (or the state the car was bought in if it was another state). A Lemon is defined as a car eith major problems that cannot be fixed after trying to repair it several times. You may be able to return the vehicle if you qualify, but it will require a lawyer and some money, but much better than paying for a worthless car that doesn't work. Thats the best I have for you. Good Luck!
Bought car got Denied by bank never notified within 10 days
I purchased a car from Tustin Nissan here in Ca, I was told I was approved by Capital One. I have really bad credit, I called 5 times to ask was it funded and every time I was told the car is your enjoy it. I received a letter from Capital One 11 days after the contract was made. I called the dealership and asked what was up. They replied, I thought it was all wrapped up. They did not notify me in any way within the 10 days. If they can't get me financed what is going to happen, will the lot have to carry the note on the car or what? I don't feel I should have to give the car back because the contract states I must be notified within 10 days. Please Advise.
RETURN VEHICLE
BOUGHT A USED CAR ON 10TH(SATURDAY) OF THIS MONTH DEALER CALLS MONDAY AND SAID HE CAN'T FIND THE BANK CHECK. SOMETHING DOES NOT SOUND RIGHT. BUT HE WANTS ME TO GO GET ANOTHER CHECK FROM THE BANK. CAN I RETURN THE CAR BACK TO THE DEALER. THIS HAPPEN IN THE STATE OF NORTH CAROLINA.
Son sold truck without title
my son sold a truck for 1000, he was stationed in fort benning, alabama and did not have the title. the person knew this. My son could not find the title when he went home to North Carolina but later found it and mailed it to him. The perosn did not get the title and now has filed charges against my son, he is facing a felony. Will charges be dropped when my son applies and gets a lost title? also, He carried insurance on this truck after he sold it because the person who he sold it to was letting his son drive it. Can he get the money back for the insurance?
dealership wants the to do another contract.
i bought a car 15 days ago and i just recieved a letter saying that they cant grant the original deal, so now they want a new contract, the letter is postmarked on the tenth day but i just received the letter on the 14, can they take the car back?
seller''s right to cancel
I purchased a car had it for two weeks, seller said could get financing.
What are my rights as a consumer?
I want my old car back
About two days ago I went down to a local dealership that was having one of those "Everyone's Approved" events and I had received a flyer in the mail stating that I had won a grand prize shopping spree. I know I should have torn it up and trashed it but as it goes I did not. I went down to the dealership and one of the salespeople began talking to me and asking me what I would want in a vehicle. Anyways as it goes they had just got in a manual 2006 Suzuki Grand Vitara with 15,000 miles on it. Before I knew it we were discussing price and signing papers. Now I have a vehicle that I don't want and really want to get my old car back. Is there anything I can do or I'm a stuck?
Did you get your car back?
I find myself in the same situation today. Right as I was driving home in my new car I had regrets. I felt pressured into signing the contract and did. I immediately called the dealership and asked if I could reverse the deal and they told me NO, the deal is done. Now I have this car that I don't want and I want my old car back. Did anything ever come of this?
Buyer's Remorse\Cooling Off Period
Check on the Buyer's Remorse or "Cooling Off Period" law in your state. Several states allow you to return the vehicle after 3 or even 10 days. Look online or call a government agency or DMV of your state. If there is no law, then the best thing to do is go down to the dealership and try to get out of it, but there is no guarantee. I was lucky enough to get out of my contract less than 24 hours later in SC, even though the dealership was not obligated to do anything. Try to strike a deal with them such as paying the first payment or something. Otherwise, if you leave it for them on the lot, it is considered a voluntary reposession, which will ruin your credit. Otherwise, try to sell the car and buy your old car back. Definately check the law in your state on this that I stated above FIRST! Good Luck!
down cash payment
one month ago i put a $500.00 deposit on a small private owned vehicle, i now do not want it, all i got was a reciept of the cash i put down they did not write on it non-refundable and we did not sign any other contract, i want my $500.00 back, can i get it with out hassle?
500.00
first off did you pay cash or did you use a money order. if you paid by cash then there is no way you can get the money back. but if you used a money order such as post office money order then you have some type of record that you put a depost down on the car. there is no other way of getting around it you will have to take he or she to small clams court. then you might get your money back. never and i mean never enter an agreement with out some type of documentaion. that is called covering your ass
Used Car Purchase in Michigan
My 20 year old son went to a "B" Lot and purchased a used car, alone, for $2,700.00. He drove it 40 miles and it broke down. Does he have any recourse? Can he take it back using the 3 day return policy? It was every dime he had.
uSED CAR PURCHASE IN MICHIGAN
My 20 year old son went to a "B" Lot and purchased a used car, alone, for $2,700.00. He drove it 40 miles and it broke down. Does he have any recourse? Can he take it back using the 3 day return policy? It was every dime he had.
Can you tell me what
Can you tell me what happened with your case? A guy sold me a car with a severly bent frame...are there legal grounds to sue for my money back? Thanks
I purchased a used car from
I purchased a used car from a dealer in August 2007. After waiting a while for my title I called and they told me the lien holder is being placed on it. I called the DMV in New York and they told me that the dealer was trying to get the mielage on the vehicle changed from 89000 to 54600. As a result of this the temporary registration has expired and I still do not have a title. I filed a complaint to odometer fraud and they now need to look at the vehicle. The only problem is the vehicle is in another state and its is too expensive for me to get it towed to new york. Also, the bank went ahead and placed forceful insurance on the car even though i cant get it registered or insured because I do not have a titile to show that i own this vehicle. The dealer refuse to take back this car and also refuse to incur any of the costs. I have been without a car for the past three months and I am still making the monthly payments and paying this forcefull insurance for a vehicle that I cannot use.
What can I legally do in this situation?
No returned calls
I am trying to get into a used car. I went through all the paperwork and B.S. to get financed. Every day for the past week I call the place (reputable local dealership) and the guy says he has not heard anything..I have been calling now for 2 days and has not returned one phone call.. Is this a way of saying I didn't get approved?
car Dealer and insure some help
I live in California I went to Arizona to purchase my vehicle because that’s where the better deal was. While going through all the contract and paper work signing I asked about the 30 day insurance provided by the car dealer and the car sales person told me “Oh! We don’t offer the insurance because of all the old people here. If we give them insurance what they will do is, as soon as they leave the lot they will cancel it then add their own insurance for the car then we the dealership loose money so we just don’t offer insurance." I reiterated that I didn’t have any insurance under my name; he then proceeded to ask my girl friend if she had insurance she said “yes; but it doesn’t have his name on it or the car.” he asked her for her info and said that it would be fine. He then took her info and made copies. I financed the car through Capitol one not the dealer.
When I left the lot I was hit by a guy who backed into my car “just my luck”. The guy that hit me gave the police officer a phone # that was disconnected and his supposed name, but because the police are taking their sweet time with the police reports its making the process longer. I tried getting it covered through my girls insurance but since the car hadn’t been added and the car was under my name only the insurance refused to help because my girls name was not on the car title and the insurance policy belongs to her and her only. When I called the dealership to let them know they said that there is nothing that they can do. Then 2 days later I got a call from Capitol One they told me that they were going to cancel my loan because they found out that the car had been in an accident and they weren’t going to finance a damaged car. When I called the dealer again to forewarn them about the check from capitol one being canceled, they stated that if that’s the case then their lawyers were going to come after me to get payment for the car. Then the next day the dealer called me and told me that they were going to overnight me the 30 day insurance paper work and I needed to sign it and send it back ASAP then the accident would be covered. But when I ask for advice everyone tells me that this can be insurance fraud and I can get in trouble for this so I shouldn’t sign it. Everyone is telling me that the dealership is now responsible for the car and getting it fixed because they let me drive off the lot with out insurance under my name. Now I have chiropractor bills adding up because we were both injured in the accident should they be responsible for all this
I need more opinions. I need help with this issue
Dealership Responsibility
YES, the dealership is responsible because they let you drive off the lot without insurance in your name for the vehicle. DO NOT sign the insurance they are trying to provide you with. Take the vehicle back and try to get another if you would like, I believe they are required to take it back because they cannot sell it to you without insurance, so you should still have the ability to take it back. As for chiropractor bills, my advice is to sue the dealership and get a good lawyer. Good Luck!
Cancel auto purchase
I deposited $500 o my credit card and signed a contract that stated the dealer price plus the DMV and tax fees minus my deposit. I told them that I will be using my credit union to finance the car. I did not sign any finance contract except that the dealer will try to get me a good rate so I gave them my info. I did not take out the car since. The dealer still has the car. After some calculations and research, I found a dealer that will give me a much lower deal. Can I still cancel on this contract and get my money back?
10 day breach of contract
Hi,
Here is my situation.
We went in to a dealership to purchase a car, the salesperson told us that he should have no problem approving me for the car but since it was already late in the afternoon and all the banks were closed he would have to wait till tomorow to approve me. The next day the saleperson called me at home and said congratulations you have been approved. Now they are calling me and saying that i am NOT approved and that they want the car back. I am aware that they have 10 days to cancell the contract but they need to notify me prior to the 10 days. Now here is my question.... I did not receive the certified letter untill the 11th day, do they go by the date the letter was received or by the date the letter was sent out?
Dealer cancels after 10 days
I am curious to the outcome. I just bought a car on Dec. 28th, and today 1-10, I received a notice and spoke to the dealer. He wants me to bring back the car. I He said he could not get me financed. I informed him of his contract he had me sign, stating he can cancel within 10 days. Today is the 13th day and the letter was ost-marked the 11th day. He said legally, I have to return it. "How can the contract be final, when I can't finance you?" What do I do now? I want to keep the car, he wants it back tomorrow.
Financing on your own?
Did they give you the option to finance with your own bank????
Like can you go get a check from a bank on your own and bring it to them?? Or do they just want the car back
Keep It
It is a legally binding contract, you both agreed to and signed it, and it says 10 days. The letter is postmarked on the 11th day, thus exceeding the 10 days on the contract. Therefore the car is yours, you DON'T have to take it back, no matter what the dealership says. They are trying to weasel out of it, DO NOT let them. Get a lawyer and do not let the dealership bully you.
Under common law, they go by
Under common law, they go by the date the letter is postmarked, which, if you received the letter on the 11th day, has to be within ten days.
Am I liable and will it reflect as a voluntary repo on my credit
On December 27, 2007 I purchased a used vehicle from a Nissan Dealership that has a "No Cooling Off" policy. On December 31, 2007 phoned the Dealership and informed the finance manager that I had to return the vehicle. The finance manager said the bank that approved the loan did not want the vehicle back. The loan had not been funded yet but the sales manager stated he could not accept the keys. I left the keys on the finance managers' desk & the vehicle parked on the dealership lot. I do not have any papers stating the deal has been cancelled.
Voluntary Repo
Sorry but yes the car will be considered a voluntary repo and will affect your credit. You should try to strike a deal with them to take it back, never just leave it there. They have to destroy the contract in order for it to not affect you. Depending on your reason, you may have had probable cause to return such as Lemon Laws. Check with that if it applies to you. Otherwise, there isnt too much you can do. Good Luck!
dealership rescinded
I am in a similar situation. I purchased a vehicle at puente hills toyota on 12/28/07. Received a letter from them about 1 week after stating that they want the car back due to inability to finance my purchase. I called them to make arrangements to return the car. They said okay to the date that said to return it. I purchased another vehicle 2 days before returning the car to toyota. When I took the car to toyota dealership the finance rep stated that I didn't need to return it anymore because they were finally able to finance it afterall. After telling them that I didn't want the car they told me " I'm sorry but the car is yours" So now I am stuck with 2 cars!!!
lemon law 3 day return policy north carolina
bought a used car from buy here pay here in charlotte. put money down with agreement to make biweekly payments until paid off. the day after driving it home car starting with very bad sounds, feels and smells. is it true we can return or exchange vehicle in the first three days after purchase or are we stuck with a broken car we still owe money on? car was sold and bought as is.
NC Lemon Law
As far as I know, North Carolina has no Lemon Law, and most Lemon Laws do not extend to used vehicles. Look up the laws in your state and get legal counsel if the vehicle is really that bad. Also, it i