I was told after the fact that she did this so that she could push the sale thru and get her commission. I had not completely decided whether I wanted to afford the car. I was told of the "good deed" and within days I recieved a statement/bill from the finance company for the first payment...........Now I am locked into a bad running; new looking, over prices and over interest loan and she is withholding my plates for payment.
Is this legal, do I have to keep the car?
2007-04-10 23:33:40 · 4 answers · asked by dwnxthsea 1 in Politics & Government ➔ Law & Ethics
First it is illegal if you did not know. A Contract can only be valid if all parties know what they are signing. If you did not sign any contract then once again the transaction is probably illegal. If I was you I would turn it over to an attroney and tell them (dealership and finance co.) if everybody would like to settle the matter out of court they can give you a car which you would like to own for FREE!!!
I think it is possible that some of their actions could land someone in jail.
2007-04-10 23:58:43 · answer #1 · answered by Anonymous · 1⤊ 0⤋
What she did is not only unethical, it was foolish on her part; if you put down a downpayment and wasn't approved for financing or never signed any paperwork on the loan it is likely that payment she made could have been returned to you and she would have a hard time proving it was a "loan" because you never agreed or had knowledge, but actually was a "gift" from her. If she signed your name to any contractual documents in the process of this "favor", it is fraud and you should report her to the police.
A lot is going to depend on what is stated in on any and all paperwork that you signed in the transcation and will likely need an attorney to help you sort it out as to whether or not you can get out of this transaction, but the "favor" is a good start.
In general, If you buy a car "AS IS" with no warranties it is your responsibility to make sure you are not getting lemon by having it checked by a licensed mechanic to see if it has any problems before purchasing it.
If you signed papers for certain terms and conditions and they are now trying to change them and claim that they cannot make the original contract work, then you can void out the contract.
I had this happen on a car I was buying and when searching for financing (not just taking their word of it that the financing they wanted to hook me up with was the best) I found out that most banks wouldn't finance the amount at it was way over book value and at around the same time the dealership came back with a new contract they wanted me to sign for a longer term and higher interest rate because the person at the dealership had made a mistake. I refused to sign the new agreement and was able to get the salesperson to not only agree to the original terms of the contract, but throw in gap insurance for free (would have cost around $900 had I had to pay for it) and roadside assistance for free to keep the sale and his commission.
2007-04-11 02:53:01 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
She paid the deposit....but you signed all the documents for the sale or are you alleging that they were forged....even if she paid a deposit for you...you signed all of the sale papers...once this is done you bought the car....check with an attorney on your states cooling off period.
2007-04-11 06:11:22 · answer #3 · answered by Dr. Luv 5 · 0⤊ 0⤋
i would think not, get with the sales manager, although im not sure how someone else secured financing in your name without your signature, maybe charges to file on salesman
2007-04-10 23:43:06 · answer #4 · answered by waterboss 2 · 1⤊ 0⤋