This is a little off topic but my girlfriend is in a bankruptcy cause her ex-husband said, "If you are divorcing me then I am going bankrupt so you can have all the bills." Well, the bills were more than she made so she was forced into bankruptcy. Well she goes and buys a car with her mom being the primary on the loan and her being the cosigner so that she can also improve her credit after the bankruptcy is over. They get both her and her mom to sign the contracts and she tells them she is in bankruptcy and they don't seem to mind. The finance guy tells her she is approved and sends her down the road with the car. The next day the finance guy calls her mom and tells her that they need to redo the contracts without my girlfriend on them cause "it could possibly place the bankruptcy on your credit." Her mom freaks out and calls my girlfriend and tells her to take the car back. Upon hearing this I immediately advised my girlfriend that what has happened is they never got it financed and he is just saying that to get your mom back there to get the loan through. Most likely the dealer wanted her in the car so that she would not go try to get another car and figured that once she was in the car she would not want to give it back and convince her mom to sign by herself. My stand on this is that if they signed a contract with a finance rate (which is 6.5 %) on it they sold a car and can't go back on it. They finally admit that they made the part about the bankruptcy possibly going on her mom's credit up because the finance guy screwed up but I disagree. I think he knew exactly what he was doing but didn't think he would get any resistance. The owner of the dealership is now calling advising that the car either needs to be returned or her mom sign without her because the credit union will not accept the loan. Any advise would be helpfull.
What is funny about all of this is I went through a bankruptcy in 1997 and while in it I bought a $27000 car with a cosigner. I was the primary person on the car loan and the bank didn't really seem to care so long as I just had a good cosigner. This was a new car so I wonder if the problem is that she bought a used car.
Re: Car Dealer lied and wants car b I think that they are just pulling the old bate and switch. The same thing happened to my husband when we were getting a car and the dealership made it seem as though my husband was first and grandma was second. When they sent the paperwork to grandma to sign, hubby's name was nowhere on there. Grandma just signed and we didn't find out until 2 months later. These of course were in our unknowledgeable years. If it were I, I would gather all of my paperwork and get some competent legal advice to see how to proceed. It's illegal. I'm no expert but I bet that they don't want to go to court over this.
Re: Car Dealer lied and wants car b Check out the contract that you signed. It usually says "contract subject to financing approval". He never had approval and can't get it bought from any lenders so if this is in writing just take it back and deal with a reputable dealer next time. Our dealership will let customers take vehicle if the deal isn't bought (we tell them we will do our best to get financing). They can decline taking it if they want. But then its still for sale, you may miss out on it the next day. This finance guy quessing 6.5% on a co-sign deal is a joke. 10-12% would be good with a BK on the other applicants credit. Especially laughable when he couldn't even present you with 15% loan the next day. Save your money on the lawyer. He'll say he never told you he got it "bought" from lender. Next time get it in writing. He'll change his tune and won't sign diddly. Also get it in writing that only 1 or 2 bureaus will be pulled. You can leave with 6-8 new inquiries (x 2 applicants) Just take it back and tell all your friends how they operate. Also BBB letter, AG letter and carbon copy to owner and GM with finance guys/gals name will tighten his/her spinct@# (bottem, sorry) otto
Re: Car Dealer lied and wants car b My stand on this is that if they signed a contract with a finance rate (which is 6.5 %) on it they sold a car and can't go back on it. First the contract must be accepted by the finance company for the sale to be complete. I was an asst. business manager for a car dealership a few years ago. If any information on a contract that was incomplete or incorrect the contract was not valid. The finance company would send it back to us and we would have to hunt down the owner and have them sign or resign. Second, the title is not in the mother/daughterâ??s names yet, so that vehicle belongs to the dealership. If it gets nasty, the dealer can, by law, call the police and report the car as stolen. If they resist, they can be arrested. If there is a temporary plate in the window you only have 10 days for the sales of the car to register it with the state. You donâ??t have time to waste. Third, be careful with the vehicle until the contracts are signed or the car is returned. Any damage to the vehicle may or may not be covered under their insurance. The car is not title in their name, it could be reported as stolen; if it gets nasty damage might just appear after you give back the carâ?¦ you get the picture. Speak to the finance manager with the sales manager present and request to see the approval (usually comes over to the dealer in fax form) from the finance company. Walk through the process with both the sales and finance managers find out where the communication breakdown came from. They want to sell cars, once tempers are calm you find that they will realize that they donâ??t want to lose a sale. If that dealer left a bad taste in their mouths have the mother finance through her own bank/CU with her daughter as co-signer and come in with a cash sale, they hate that. Dispute the inquire on the CRA and drive away happy.
Re: Car Dealer lied and wants car b OK...Now they say they can have her placed on the finance contract after the discharge from bankruptcy (she had her hearing about 2 weeks ago) but they will not put it in writing. I am trying to mediate between her, her mom, and the dealership (she is currently driving my car) so as to resolve this. I think I could convince her mom to go ahead and sign and the dealership could maybe give back the $500 down payment. The $500 off the car could make up for the "misunderstanding" that has occured here and we could get her refinanced at a later date. Of course the other alternative would be the state attorny general's office, the BBB, the dealerships parent company (thanks for these tips), and the associated press.
Re: Car Dealer lied and wants car b OK...Now I have looked over all papers. I see a temporary registration certificate, a Bill of Sale with "THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE" and is signed by the dealer with nothing written on the front or back about subject to credit approval, and a Retail Installment Contract and Security Agreement with nothing about subject to credit approval on it. I only notice that is filled out completely except for right below my girlfriend's and her mom's signatures is a line Seller: By _______ which is not signed. Hmmmm. I am a state trooper and I know if I pulled this vehicle over with this paperwork and the temporary registration on it, I would let it go and have the dealership advised that it appears to be a civil matter and legally registered by the current occupant.
Re: Car Dealer lied and wants car b Also found the Odometer Disclosure Statement written "Federal law (and State Law, if applicable) requires that you state the milage upon transfer of ownership." This is complete and signed by "Transferor's Signature." Now by signing this and with "TRANSFER OF OWNERSHIP" written on their, how can they go back and say this is not valid? Upon looking at the Attorney General's web site for my state I found a whole section and forms dedicated solely for complaints against car dealerships. Looks like this is a biggy in this state.
Re: Car Dealer lied and wants car b Why don't you take her back in there with your uniform on (wear the big mirror-lense sunglasses), while she asks them what is the problem... hehe. teasing....
Re: Car Dealer lied and wants car b I would WALK... Don't you have 10 or 50 places to buy a car with-in a 50 mile radius???
Re: Car Dealer lied and wants car b That was my suggestion to her from the begining but she feels she will get this everywhere she goes and is to embarassed to go through it again. She just wants that car now that she has it and, of course, that is what the dealer wanted to happen when he did this.
Re: Car Dealer lied and wants car b I use the bug eyed matrix glasses. The big mirrors make me look like I am out a bad 70's show or the Beastie Boy's Sabatoge video.
Re: Car Dealer lied and wants car b Be sure to take a small trip of about 500-700 miles before returning the car, too. That way the dealer will lost a few grand for his stupid decision.
Re: Car Dealer lied and wants car b This is on carbuyingtips.com on the top 10 dealer scams. Interesting reading... http://www.carbuyingtips.com/scams.htm#Scam2
Re: Car Dealer lied and wants car b LOL Too bad she won't let you help - they would probably back down, IMO, and eat the deal.
Re: Car Dealer lied and wants car b Ahhh...in the end they just got it through the family bank. I got ahold of the owner of the dealership and started in on him like a highly disturbed pit bull (I thrive in carnage) but her mom, who I quickly discovered does not like confrontation made be stop the conversation with him. In the end everything worked out fine. They agreed to some free oil changes and put in writing that anything, and I mean anything, that we find wrong with the car in the next few days will be completely fixed or replaced. I still wish they would have let be go on with him. He kept saying he couldn't talk to me anymore when I started in on writing her a $500 check from the dealership for the "misunderstanding." If they would have just let me go with them. But once her mom heard me with the owner on the phone, she wouldn't let me go with them. I think that I may have embarrassed her with my aggression towards him. She is a very relegious and conservative woman. Nonetheless we shall still file the complaints with the attorney general's office.
Re: Car Dealer lied and wants car b Trooper: Good work. Maybe Mom doesn't like confrontations, but I'm sure she's got no doubts that you won't ever let anybody take advantage of her daughter. For the record: I'm a religious person too...... I just happen to work in the "Divine Wrath" department...... Dancer And yes, you should report them to BBB and the AG
Re: Car Dealer lied and wants car b Glad it's all settled. Glad you went after the dude, maybe he will think twice before he does it to someone else, Yeah right. Sleaze is sleaze. Don't the state police investigate stuff in your state? - they do here. I wouldn't want them investigating, hehe. Those damn hats are so intimidating.