I had a a Ford Explorer 2002 and I traded it in for a 2004 Durango with the Ford dealership. During that time period I lost my job and normally my dad makes my car payments. I was given few days so they could reach him, they contacted him and he was fine with it. I got the car and they took my old car away. I had my kids over for the summer and the day I was leaving to take them back to their dad, this was a week after I got the car. They call and say there were some issues with the papers. I said I was leaving today, which was tuesday and I will be back saturday late night, I have confirmed tickets and cannot make last minute changes. He agreed to meeting me the following monday. Monday comes and early morning , there is a guy towing the car away, with no prior notice from the dealership. What do I do? Now its gone, I dont have my old car and I dont know what happens to the down payment. Help...
2007-08-13 05:03:24 · 7 answers · asked by right h 2 in Politics & Government ➔ Law & Ethics
This happened in Texas
2007-08-13 05:25:48 · update #1
Where is this happening?
Were payments made on the Durango or not?
no one here can point you toward the laws in your jurisdiction other than to say "google them" because we don't know where this happened.
***
that said, "issues with the papers" usually means that no financial firm was willing to buy the loan, or that the deal was rejected for some other reason. [does your state require proof of auto insurance and it maybe wasn't forthcoming?]
{added: another possible reason for the deal being rejected is that the finance company discovered that the vehicle had been totalled out in another state, or there is a title defect (stolen??) and therefore it can not be financed at all to anyone.}
if the deal was rejected for some such reason, you legally didn't buy the car and the dealership should be returning your old car and any added down payment you made.
you'll likely need to get in their face about it, and you'll want to do that in person, probably loudly in the middle of the showroom.
the advice above about going for news coverage is good IF you know that your case is sound and this whole thing isn't (somehow) your fault.
GL
2007-08-13 05:21:21 · answer #1 · answered by Spock (rhp) 7 · 1⤊ 0⤋
This is also happening in Illinois. A person goes into the dealership to buy a car, they sign tons of papers to get credit. In those papers is a clause that says that until the credit company approves the loan that new car can be taken back by the dealer.
The dealer wins because he gets a trade in which is quickly cleaned and re-sold, plus he has sold the new car. The car buyer is encouraged to drive the new car off the lot TODAY, but that car buyer really does not own the car until the credit company approves the loan.
In the current economy where credit is becoming tougher to get this is happening all over. You are not the only one I have seen dozen of cases in the Chicago area. You need to get an attorney, depending on the documents you sign, you probably will only be able to get back the "blue book" value of your trade in.
For the rest of us, spread the word -- do not take a car off the lot until you are 100% sure that the loan is approved.
2007-08-13 05:53:01 · answer #2 · answered by CatLaw 6 · 1⤊ 1⤋
Our situation is not exactly the same but similar. I had bought a car from a dealership as well and two weeks later they called and said they needed to give me a different car as the finance company all of a sudden decided that they wouldn't accept that car. All of the papers were in my name but they were insistent that I bring it back down there and exchange it for another car or they would just come and get it themselves. I had contacted an attorney who said that they weren't allowed to do that, and if I waited until they came to get the car then I could fight the case in court. So, if that is something you wish to do that is an option.
2007-08-13 05:18:13 · answer #3 · answered by vnla2luv 1 · 0⤊ 1⤋
You need to contact first the OWNER of the dealership. If you do not get a satisfactory answer from him/her then contact an attorney.
2007-08-13 05:15:36 · answer #4 · answered by hexeliebe 6 · 1⤊ 1⤋
Call the dealer and explain what happend.. and hopefully they will be able to do something for your help.
I would tell them you would go to the news if they didnt work something out with you. Normally that would help them do the right thing.
2007-08-13 05:10:56 · answer #5 · answered by Anonymous · 2⤊ 1⤋
contact the company that you used to finance the vehicle
2007-08-13 05:11:32 · answer #6 · answered by ~Monica~ 3 · 0⤊ 1⤋
contact the better business bureau and your finance company.
2007-08-13 05:09:45 · answer #7 · answered by jasonsluck13 6 · 0⤊ 2⤋