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She was shopping for a car, and walk into a dealer where the owner told her he had a 02 Ford Explorer but it wasn't in the dealership at that moment, and somehow he convenced her to buy such a car, she had previously apply for a loan and qualify for $6000.00, the car dealer owner then fill out a contract and told her that it was just to secure the deal while he bring the car to her, he also told her that it wasn't final and she could change her mind, until they both sign the final deal at the bank. That was last monday and on sat. she called him and told him that he was taking to long to closed the deal and she did not want the car anymore and he told her that it was too late cause the bank has paid him already, now she is tryn to reach him and he does not answer the phone, she still has no car, no copy of the contract and the bank is saying that is not their problem. Anybody w/ a legal advice, please only serious answers

2006-10-30 12:18:23 · 5 answers · asked by Anonymous in Cars & Transportation Buying & Selling

5 answers

If this was a reputable dealer she should go back and demand a resolution. Whether it is the car or the contract voided. Since she never took possession of the car she did not take "delivery" or ownership. She needs to contact the bank to see if they have received the title as it is required for a loan where the car is the collateral. If they do not have the title then there really isn't a deal... she has received no merchandise, and quite certainly the dealer does not want something like this to mar his reputation. She simply needs to let the bank know she has never seen the car, driven the car etc. The bank can not record a lien or take out a loan on a car that someone did not buy. The paper and contract is useless as no true transaction occurred. It only shows the intent to purchase... read all the fine print. ( I am a sales manager at a car dealership. Please don't think we are all like this because most of us do business the right way). please let me know how this turns out. I know it isn't legal advice it is just in my experience from my job. If she never took possession then there isn't a deal from what I understand.

2006-10-30 12:29:15 · answer #1 · answered by lastepmom 2 · 0 0

he got payed by the bank...hasn't delivered the car...breach of contract...the car should have been delivered when payment was recieved. and he won't answer the phone or return the calls...no copy of the contract...I'd say she got a bad deal for sure. It is not the banks problem but it is the salesman's problem, You must deliver on both sides of the contract...he isn't delivering. Contact the local district attorney...they are already paid by you..and they can settle this for you.

2006-10-30 12:28:27 · answer #2 · answered by Kenneth S 5 · 0 0

Me acabas de dar una fuerte lección ups, bueno, tendre que darte los puntos ati porque eres la unica que hizo caso de ir para su pregunta... Sorry por a respuesta anterior

2006-11-02 12:20:29 · answer #3 · answered by LATAS 7 · 0 0

It sound like he took the money and ran with it. Go to the dealer ship where she was at and ask them nicely or tell them that you will call your lawer...

2006-10-30 12:41:17 · answer #4 · answered by kurt2006 2 · 0 0

CALL THE BMV DEALER LICENSE DEPT IN YOUR STATE.
THE DEAL IS NOT LEGAL UNTILL YOU DRIVE THE CAR OVER THE CURB

2006-10-30 12:22:11 · answer #5 · answered by carzzz1 2 · 0 0

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