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Went to dealership with a trade-in. Everything was fine, drove away with the vehicle.
Two weeks later they want me to sign another contract. I oblige. (Side note: This contract was stamped with the same date as the old one.)
About 4 weeks after signing that 2nd contract they call me and tell me financing fell through and that they need the car back.
I did a bit of looking into it and I read that they have to notify me within 10 days or the sale is final. Is this true?
If I do end up having to give up the vehicle; They gave me $8500 for the trade-in value of my old car, my remaining loan is only about $7000. Do they owe me restitution of $1500?
Do I owe them money for miles put on the vehicle? In the meantime can they lawfully tow the vehicle? What kind of lawyer should I get to represent me if I went down that road?
You definitely need to get a lawyer. As for what kind that I'm not sure about. Someone who does civil suits, contract law stuff but I'm not much more clear on it than that.
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KakodaimonosCode fondlerHelping the 1% get richerRegistered Userregular
edited December 2010
Talk to a lawyer. Having you sign a second contract is already sketchy. You may also want to talk to your State Attorney General's office.
The terms of the sale may be final but the financing isn't. If you really want to keep the car, talk to your bank and see if they'll give you a loan at a reasonable rate. Otherwise I'd walk away if I were you.
In the future make sure you have financing before you set foot in the dealership. Even if you go through their bank to get a promotional deal or something, it's always good to have a backup.
In all honesty, I wade through RESPA and TILA violations all day. Shoot me a PM and I'll be happy to give you some quick direction if you're interested.
Also report it to the State Attorney General's office. They won't get involved in your case once you already have representation, but consumer complaints are what lead them to start investigations. Shady car dealership behavior tends to be all too common.
So, uh... getting a lawyer in this case would probably be a waste of money. Getting rejected for financing happens all the time, especially in this economy. Putting you in the car before locking down the financing is an annoying pain-in-the-ass tactic that a lot of car dealerships do to keep you from "cooling down" on the purchase but nothing is final until money changes hands. Until then you're just driving their car while they're storing yours.
Try to find your own financing so you can cut them a check for the amount you owe on the car and get the title. Otherwise there's not a lot you can do. I know the default advice on these boards when any legal dispute comes up is to get a lawyer- and 99% of the time it's the right thing to do. In this case though I think it wouldn't be worth it.
They knew whether or not you qualified for financing and what you qualified for when you applied.
File a complaint with the State Attorney General's office. They'll know what it is and how to handle it. If they trade you back the new car for your trade in with no extra fees, then do it.
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In the future make sure you have financing before you set foot in the dealership. Even if you go through their bank to get a promotional deal or something, it's always good to have a backup.
Also report it to the State Attorney General's office. They won't get involved in your case once you already have representation, but consumer complaints are what lead them to start investigations. Shady car dealership behavior tends to be all too common.
Try to find your own financing so you can cut them a check for the amount you owe on the car and get the title. Otherwise there's not a lot you can do. I know the default advice on these boards when any legal dispute comes up is to get a lawyer- and 99% of the time it's the right thing to do. In this case though I think it wouldn't be worth it.
They knew whether or not you qualified for financing and what you qualified for when you applied.
File a complaint with the State Attorney General's office. They'll know what it is and how to handle it. If they trade you back the new car for your trade in with no extra fees, then do it.
Don't listen to me, listen to everybody else.
you should never have signed that second contract
get yourself a lawyer
sorry but they are trying to fuck you because they think you will take it
don't take it