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California Lawyer
California Lawyer, Attorney
Category: Business Law
Satisfied Customers: 850
Experience:  Licensed to practice law in California
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I will try to be brief but I dont really know what else to

Resolved Question:

I will try to be brief but I don't really know what else to do other than get a lawyers opinion at this point --

On FRIDAY (03/01/2013) I went to BAY CITY CHEVY, OAKLAND CA. to look at cars - was of course more or less pressured into buying one -- which isnt the concern. Whats keeping me up at night is that I FULLY believe I have just gotten involved with crooks of some kind. I HAVE NO GIVEN THEM A PENNY and I have the car.
I filled out the contracts and all the finance person said was that he will get back to me early next week when he is able to talk to the banks about whether or not I am accepted for financing. I had never done this before so I figured this was normal procedure even though I wasnt trusting my instinct. On SATURDAY afternoon, I brought the car back and told the manager my concerns - that I didnt feel like this was legal and I was willing to pay the $500 cash to do the "UNWIND" paperwork. - This was not possible he said as I had signed a contract and the deal is a done deal - but it cant be possible for it to be a done deal as the banks dont even know I have possession of this car, correct?
I cant sleep because of this so if someone could PLEASE call me back AS SOON AS POSSIBLE (The manager doesnt go into office until 11am on monday so hopefully you can call be BEFORE 11am and we can talk about what my options are, if any at all. or if this IS INFACT A LEGIT car sale. --I WOULD MUCH RATHER GET OUT OF THIS AND BUY FROM A VERY REPUTABLE COMPANY. --

Is there anything I can do?
Submitted: 1 year ago.
Category: Business Law
Expert:  California Lawyer replied 1 year ago.

California Lawyer :

Hello, are you there?

California Lawyer :

Hello.....

California Lawyer, Attorney
Category: Business Law
Satisfied Customers: 850
Experience: Licensed to practice law in California
California Lawyer and 3 other Business Law Specialists are ready to help you
Expert:  California Lawyer replied 1 year ago.

Hello,

I will try and help, but I am a bit confused. I looked at the dealer's website and they appear to be a legitimate GM dealer. What is it exactly that is causing you concerns about your transaction?

If you can get me some more information, I will try and help.

Thanks!!

DCG

Customer: replied 1 year ago.

hello -


 


i am here now. i am so sorry - i was away from the computer.


 


are you there now?


 

Customer: replied 1 year ago.

I also thought that they appear to be a normal GM dealership - as chevy is not a brand name that would risk having people run dealerships poorly ...


 


But I was given this car without pay a dime for it - the banks do not know that I have the car and my information has not been submitted to the banks for approval. But I am legally allowed to have the car at home and not on the lot?


 


I went back yesterday to explain my concerns to the manager and he just smiled and rambled about how its "nothing" and now i "need not to worry" and come back monday and the rest of the paperwork will be there waiting for me to sign.


 


Maybe this dealership is privately owned?


 


The men are all foreign - from the same place - and non of the will give you answers out right... they simply beat around the questions until they have spoken to you for ten minutes without really answering anything.


 


Honestly, from the bottom of my heart, I feel like i have just been involved in some kind of scam...

Customer: replied 1 year ago.

I didnt have a down payment for the car - so they manager asked me to LIE to the banks and tell them that I handed the manger $2500 in cash to make the transaction legitimate.


 


I live at home and don't pay rent to my parents so the manager asked me to again LIE to the banks to tell them I paid $500/month to them and to have my mother LIE to them and say shes my landlord not my mother. (This is something i didnt know what happening until SATURDAY when I went back to the dealer with all of my concerns)


 


I asked the man to simply pay him the $500 for the unwind paperwork even though it seems to me that this transactions isnt even complete or legal yet as the banks havent approved it but i was willing to pay the money to get them off my case about this car and once I proposed backing out of buying the car, he said absolutely not - that this is a binding contract and its a done deal -- but then he proceeded to tell me that ITS NOT A DONE DEAL UNTIL THE BANKS APPROVE ME. then why does he have to submit the paperwork at all? these terms and conditions have not been approved by financial institutions ergo this shouldnt be considered a legal, binding contract.


 


Right?

Expert:  California Lawyer replied 1 year ago.

Hello,

There is nothing by itself that is wrong about you taking possession of a car while they work through the paperwork. Its risky for them, but it also helps seal the deal as once you have the car it is harder to undo the deal.

As far as lying on the paperwork, that I would not do. Lying in order to obtain financing is, at minimum, fraud. If they solicit you to do it and knowingly submit false paperwork, they are culpable as well.

At this point, I would, if you haven't already, return the car and inform them that the only way you will consummate the deal is if the paperwork is adjusted to accurately reflect your income, down payment and residence status. If at that point you are not financeable, so be it. You will be out of the deal and will sleep better at night.

If the dealership give you a hard time, tell them you will alert the finance companies to this fraud and report them to the state. That should get the problem to go away quickly and quietly.

Let me know if you have more concerns.

DCG

California Lawyer, Attorney
Category: Business Law
Satisfied Customers: 850
Experience: Licensed to practice law in California
California Lawyer and 3 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

I wish I could thank you in person for talking me through this.


 


Im so very sorry that the first time I wrote the situation down for you to read it was more or less all over the place. I am just panicking.


 


I REFUSE to be on the other side of the law - especially for something like this.


 


SATURDAY, I left the car with the dealer - I got a ride home with someone else and told them that i was NOT comfortable taking the car home with me because no matter what the manager told me, this didnt seem legit in my eyes and my instinct was telling me not to lie in any way and not to trust this man/these men.


 


So the dealer has the car. Although i will tell you he tried for a good 30 extra minutes to convince me to "go have the time of my life in the car because its mine!" ... blah blah... anything a salesman could say, i think.


 


Should I email him? Call the dealer? The manager wont be in until tomorrow at 11am - in which case he says he will be immediately sending all paperwork into the banks for approvals....

Expert:  California Lawyer replied 1 year ago.

Hello,

At this point, I think you have done the right thing. I would not participate in an endeavor such as this where the finance people are apparently committing fraud. I doubt they will make a big deal out of it as you could nuke them if they try.

Just sit tight and see what they do. If you need more help, let me (us) know. We'll figure it out.

Take it easy. I think you are doing the right thing.

DCG

Customer: replied 1 year ago.

If they ask to speak to my attorney am I able to give them your contact information for that?


 


I dont really know how this website works or if I will have to speak with you privately in order for them to be able to contact you ...


 


Thank you for EVERYTHING.


 


You've been such a big help!!

Expert:  California Lawyer replied 1 year ago.

Hello,

Unfortunately, we can't engage that way, but if they give you a hard time and you have questions, we are here.

If they give you a hard time, let them know you will report their activities to the state and to GM. That should be all you need to make them fold, fast.

DCG

Customer: replied 1 year ago.
Okay.

Thank you so do very much !!!
Expert:  California Lawyer replied 1 year ago.

Good luck. Be strong and don't take crap from them.

DCG

Customer: replied 1 year ago.

I just want to let you know that I told them exactly what you said - I told them that I would alert the finance companies of fraud, etc... and after they proceeded to email me telling me I was a terrible human being (literally) - they ended the email with "that being said, we will gladly run unwind paperwork with you and do business with people who appreciate the way we run things" <-- professional. ha.


 


 


Anyways, thank you very very much for your help and reassurance.


It TRULY helped.


 


Ive been able to sleep the last couple of days :-)


 


-Melissa

Expert:  California Lawyer replied 1 year ago.

They were up to no good and I'm glad you stood up to them. Well done.

Dave

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