I recently purchased a new vehicle, for which I was told I was approved and was allowed to drive it off the lot. Two weeks later the dealership called and said they couldnt get me approved and want the car returned. I am willing to return it. The problem is, I traded in my vehicle. I know they will want some money for the 1400 miles I put on the car. it had 10 miles on it when I bought it If I drive this car on their lot and they refuse to give me my car unless I pay up. can I be criminally charged if I take the new car back off the lot. I thought about parking it down the road and walking to the dealership, then give it to them when they give me my car. Does anyone know a website I can look up state car purchasing laws???
2007-01-02 19:16:09 · 4 answers · asked by rneals69 1 in Cars & Transportation ➔ Buying & Selling
You've been victimized by a process known as the "spot delivery". You're allowed to take delivery even though the loan has not been approved yet. The dealer lets you drive off and tries to sell the loan later. There's no really good reason for doing this as loan approvals can be done almost instantaneously these days with on-line access to credit reports, etc.
This practice is illegal in a number of states. You can actually force the dealer to carry the paper on the car in many states. Dealers HATE to be forced into that situation and this can put you in the driver's seat -- literally.
You'll need to consult with an attorney to find out what state law is in your state but in general the dealer must make you whole again if they take the car back and must often eat the miles you have put on it. You need to get your trade-in back and any and all monies paid to the dealer must be refunded to you. If your trade-in has been sold already you can often tell the dealer to eat rocks and just start sending the monthly payments directly to the dealer -- if that's what you want to do.
Consult with an attorney; you can often get an initial consultation for little or no money. If you're lucky you might find an attorney who's willing to go after the dealer and collect his fee from the dealer. Just tell the attorney that you're being victimized by a "spot delivery scam" and take it from there.
At the very least, google your state's name and "spot delivery" to see if there are any relevant laws that protect you from this practice.
2007-01-02 20:52:44 · answer #1 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Sounds like a fly-by-night dealer. They let you leave the lot before they got you financing. This doesn't make you too smart either BTW -- without financing nailed down, how did you know what your payment would be?.
Two weeks is a long time, your old car might be resold already.
Did you talk to them about the money they want for the 1,400 miles or are you just assuming? (1,400 miles in 2 weeks? Where'd you go??) BTW, in the grand scheme, 1,400 miles is nothing to the value of the car. The fact that they titled it is a bigger deal as the car is now officially "used." (Assuming they titled it)
First thing is to talk to them on the phone and see what the real deal is. Then, find a lawyer and talk to them. (Keep in mind that car dealers screw more people than hookers.)
At the end of the day, this has Judge Judy written all over it.
2007-01-03 03:31:24 · answer #2 · answered by Jon A 4 · 1⤊ 0⤋
I can't believe they gave you the car before you were approved and they shouldn't have taken your car as a trade in either till you were approved. That all sounds too strange to me. I would go there without the car and ask for their reasons. Make sure they give you your car back because if you return theirs then there is no reason to trade in for something you wont have. I hope I'm making sense here.
2007-01-03 03:31:59 · answer #3 · answered by slipper 5 · 1⤊ 0⤋
This is one of SEVERAL reasons why people have such a LOW opinion of car "dealers".
Call an attorney.
2007-01-03 08:05:02 · answer #4 · answered by Trump 2020 7 · 0⤊ 0⤋