Can I rescind on a contract sale of a trailer that I haven't taken delivery on?
I have signed a contract for a purchase of a 5th wheel trailer from a dealer. I was very clear with the financial manager that I had been pre-approved by my credit union and there wasn't a need to run my credit for financing. They said I still needed to fill out a 5 liner for the "Patriot Act". I asked again that they would not run my credit with this, they assured me that they would not pull my credit. I was to take delivery of the trailer in 7 days after we had sign the contract. The contract states that I'm responsible for getting the financing and the dealership isn't. I was to have a check from the credit union along with a 10-day payoff on the trailer that we were trading in on July 4th. The dealership was closed that day for the holiday, and we were to go over some other pricing for an extended warranty
and a outside protection to actually get final pricing.
The next day I had a Credit Alert that there had been a change on my credit. We had gone out of town and had no internet access to check what it was. When we returned home and I check it, the dealership had ran my credit through another financial institution. We called the next business day and asked why it had been ran? The finance officer said it was a mistake. My wife told him because of them pulling my credit we were not going through with the purchase. The sales person then called her and asked what was going on. He said he would talk to the sales manager. When he called her back, he told her that I would have to talk to the sales manager because her name wasn't on the contract.
I called the sales manager the next morning. He was very rude and non apologizing for the issue. I told him I wasn't going through with the purchase because of this. I told him I would let him know in the afternoon what I was going to do for sure. Right after I got off the phone, I received another credit alert text. I checked it immediately. The dealership once again ran my credit. That was it! I wasn't going through with this deal. They lied about pulling my credit and then even after we question them for doing it the first time, they did it again.
I talked to the sales manager later that day and told him there was no way we would finish the purchase. He then said, I have a signed contract. I asked to speak with the owner. The owner was out of town until Monday of the next week and I'd have to wait.
I then decided to write a letter explaining why we would not go through with the purchase. Also pointing out that the contract had the wrong date 5/24/2013 instead of being 6/27/2013. Who knows what it would be like to get any repairs done on the warranty with this dealership with all the lying. I had it notarized and delivered to the dealership addressed for the owner and a copy to the sales manager.
I received a phone call from the owner the next Tuesday. I explained to him what had happen and why I wasn't going to finish the purchase. To my surprise, he was just as rude as the sales manager. He even started calling me names and threatened me with a lawsuit if I didn't go through with the purchase. I told him I would never go into his dealership with this type of customer service. We ended the call with him saying expect a sheriff to deliver papers to your home this weekend.
I did receive a letter from the dealership attorney that following Monday. They are giving me until July 30th to complete the purchase or further legal action will be taken.
Do I have an out with what has happened?