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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
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I singed a sales retail agreement to finance a vehicle with

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I singed a sales retail agreement to finance a vehicle with a financing company at a car dealership in Florida. The financing company is not in Florida. I was going to trade in my car (which I also purchased through the same dealership 3 years ago and am currently financing through a banking institution) as part of the purchase. However, I never picked up or drove the new car away from the dealer. I never received the keys to the said car I thinking of purchasing. I never received any copies of my contract or other documents which I singed despite asking for them (they told me it is not the dealership's policy). I never dropped off my car with the dealership. Of note, I viewed the car I considered purchasing after 8pm. I felt induced to sing the contact agreement for the purchase of the car well after 9pm when I was very tired after having worked all day at a hospital. Just minutes before I singed this contract I was told that the car was not brand new but already had 950 miles on it for which they were going to take off $500. This sounded a little fishy to me but I signed anyway. Two days later, I went to see the general manager at the said dealership and told him that the color of the car is not the same as mine (I told the sales rep two days ago I was only interested in purchasing the same car color as mine and he assured me it was the very same color in the evening but I saw to the contrary in the broad daylight later). I told the general manager I was cancelling the purchase. In fact, the color is slightly different from mine as they do not manufacture this color anymore. The general manager insisted that I already purchased the car and that the car is registered to me now. He called me several days later and left a message that they were going to drop off the vehicle at my home address (I don't know how this is possible since I live in a gated community). So far no car was dropped off and it's been over 10 days since I singed the contract. Yesterday I received a letter from the financing company asking me for my banking information (payment information such as a voided check which I never gave to the car dealer). They are telling me my next payment is due on June 20th (I never picked up the car or received keys to the car). The financing company also noted in the letter that the retail insallment sale contract contained an error or ommission ("the seller sings line at the bottom of the contract should reflect Gettel Toyota"). I do not want to pick up and finance the car for the next 5 years (60 months). I want to keep my car. Can canceling the retail installment sale contract after it was singed potentially affect my credit rating? What do I do if I do not want to finance this car and keep mine without any possible adverse repercussions?
Thank you for your question.

To be blunt, I do not see this as a valid contract at all. If the contract was signed but was otherwise incomplete--you did not drop off your vehicle as promised, and the dealer did not pick your vehicle or drop off this vehicle for you, there is formal completion of terms. As a consequence you have a very legitimate argument in this case that the contract was void when signed and that you DO NOT have to conclude the terms. Contact the creditor, explain that the contract was not complete due to lack of "mutuality" on both parties, and then contact the dealer directly, state that you will pursue them via the Florida Attorney General's office for consumer protection violations and fraud, and that since neither party was injured or otherwise put in a worse position, you will refrain from making statement to the AG's office over their fraud and misrepresentation if they agree that this contract is also void, which is what you are claiming. If they refuse, contact the AG's office and file a formal complaint against the dealership for deceptive sales practices.

Good luck.
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