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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11560
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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Hi, On June 1st I went to a auto dealership to get my car

Resolved Question:

Hi,

On June 1st I went to a auto dealership to get my car fixed but ended up trading the car for something newer. Everything was going great and I was able to get a bank to possibly give me the loan for the car. All the bank had to do was verify my employment. They contacted me once and said they couldn't reach my employer. Also, the sales guy asked for under the table money it seemed very shadey. No receipt and we had to do it in a way that just didn't seem right. I asked him about the money again and he must of gotten nervous and give me back the money the same way we gave it to him. CASH!
From June 1st to June 13 I heard nothing from them or the bank. June 13th, I had an attack at work which forced me to go to the hospital. My doctor then declared me disabled since then.

The plates for the car came in along with the registration for the car. The insurance is under my name and the car is practically mine. The problem is that I still do not have confirmation of the loan. The financial rep can't get a hold of the loan rep at the bank and payment is due soon for the 1st payment. Still no answers.

I can't lose this car, I need it to get around and go to work when I am off disability. What can I do to protect myself?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name isXXXXX am a licensed, practicing Attorney and will be glad to assist you today,

 

Please be kind enough to number your answers to correspond with the questions, Thank you,

 

1. Have you taken delivery of the vehicle yet ?

2. Does the dealership have the vehicle you traded in ?

3. Are you required to obtain the loan through the dealership, or can you apply for a loan on your own ?

4. Why did the salesperson want money from you under the table, was he going to give you some preferential loan treatment ?

Customer: replied 1 year ago.

1. Have you taken delivery of the vehicle yet ?



I have the car in my possession and we have had the car since June 1st.



 


2. Does the dealership have the vehicle you traded in ?


Yes, I believe they still do.


 


 


3. Are you required to obtain the loan through the dealership, or can you apply for a loan on your own ?


I believe they wanted to handle the process, since the finance guy gets commission I believe. (I'm not too sure)


 


 


4. Why did the salesperson want money from you under the table, was he going to give you some preferential loan treatment ? I am not too sure. The way he collected the money from me was in my "new" car. At first he said it was for DMV stuff then changed it to say that it will give me credit on my first month payment. These people are very shady. First payment is due on the 16th according to them and he can't get a hold of the bank and the bank apparently can't verify my job.



I just want to be able to keep the car and protect myself.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Nathaly, Thank you for your additional information,

 

If you are set on having this particular vehicle and you want to assure yourself that nothing will go wrong with the financing, may I suggest that you also apply for a loan so that both you and the dealer are working for the financing. It appears that their financing company is very difficult to get a hold of and the lender does not seem to be trying very hard to get in touch to verify your employment. After all, it has been 30 days since you took possession of the vehicle and the dealer's lender isn't any closer to getting you the financing which is necessary for you to keep the vehicle. You certainly do not want the dealer calling back the vehicle.

 

A lot of things sound strange, from the salesman asking for some kind of kickback to the lender not being any closer to financing the vehicle's purchase, and if nothing is in place, how can they tell you that the first payment is due on July 16 ? They have not even told you what the interest rate will be. It will probably be high if they pay commissions to the person who is supposed to be arranging the financing,.

 

I have to agree with you that these people do not appear to be completely straightforward with their dealings. If I were in your position, I would not want to have any further dealings with them and I would look for my own financing. You do not want to be in a position to have them take back the vehicle because of some snag with the lender, but also not be able to return your vehicle trade in because they sold it to someone. Just look at their time line. They do not seem to be in any particular hurry. You should actively look for your own financing and stay away from their shady dealings,

 

__________________________________________________________________-

 

 

 



Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 1 year ago.

Hi,


 


Thank you for responding, is there anything legal I can pursue IF they take away the car and I can't find my own financing. I mean its pass 30 days and we were under contract. These people before I even realized it have a BBB score of a D and they have been screwing people.


 


I mean this car has my name on the registration, insurance and I did the inspection on it. Can they really take it away? Or can I sue them?


 


 

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Nathaly, Thank you for your follow up question and the opportunity to explain further,

 

You would be stunned if you knew how many questions we receive each week on this very same issue where the consumer writes in asking what he or she can do to the dealer who took the vehicle back because the financing did not go through for one reason or another, and it is always in a situation where the dealer was arranging for the financing. So, to Answer your question, based on all the stories I have heard from customers, I can say that , "Yes", the dealer can come and get the vehicle. Of course, the final decision is yours, but I would try to get my own financing , rather than live with this uncertainty,

 

__________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 1 year ago.

I think they are probably pulling a "yo yo sale" where they try and change the initial contract for something else even more pricey. I just don't see how they can get away with this if I signed a contract over 1 month ago and I have all the tags under my name. I mean even the contract has the first day of when the payment is due to the bank... does that stand for something? My contract?

Expert:  Andrea, Esq. replied 1 year ago.

Nathaly,

 

The fact that the date of the first payment was entered on your paperwork is irrelevant. Unless the lender completes all the paperwork, loan documentation and has you execute a note in the amount of the loan, there is no loan, the dealer has not received payment, and he will repossess the vehicle.

 

You can use the example of a buyer who has the vehicle in his possession, has the vehicle registered in his name, had his loan approved and had been paying on the loan for, say 6 months, and then defaults.. Even with all the paperwork indicating he is the owner, his car is repossessed. Yes, I understand that it would be the lender who was repossessing, and not the dealer, but I was only using this as an example of an owner who has all the paperwork on the vehicle in his name, but his vehicle can still be taken away from him because there is a third party (his lender) who has a superior interest in the vehicle. In your situation, it would be the dealer who has not received payment who would have the superior interest and who could repossess the vehicle.

 

___________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

Andrea, Esq., Lawyer
Satisfied Customers: 11560
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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