Greetings. I am happy to help you with this question.
When you say you "bought" do you mean "lease" or actually "purchased" the car? Also, did you sign a contract? How much was the price of the contract?
I only signed the retail sales contract but the financing company has not yet received the paperwork and the total is 26818.80
What do you mean the finance company has not received the return paperwork? I would immediately send a certified letter to both companies expressing your desire to rescind the contract.
Also, there are several laws that protect consumers in Texas under the Unfair Trade Practices Provision
Perhaps there was Deceptive Advertising. See. Tex. Sec. 17.12. DECEPTIVE ADVERTISING.
I was pushed into signing up for a extended service agreement by the finance department when I originally told the salesman that I did not one.
This is an addition to the actual purchase of the car correct?
One argument you should put in writing is: That the contract or what took place in the office was unconscionable.
Sec. 2.302. UNCONSCIONABLE CONTRACT OR CLAUSE. (a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(b) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination.
You should stress that you are unwilling to forego any litigation in exchange for a release and return of the vehicle.
However, you should also, simply return the vehicle back to the dealership and provide them the letter.
what I intend to do Monday, is to call the dealer to state that I am unable to financially purchase the vehicle. If they are unwilling to, I will go to the dealership.
Well, they will simply convince you that you are. The better bet is to simply tell them that you are cancelling the contract pursuant to state law, (cite above) along with your right to terminate the agreement within 72 hours.
Is there anything in the documentation where you signed that waived your right to rescind within 72 hours. Did they tell you that you could refurn the car within 72 hours?
No, they did not tell me that, they never mentioned to me that I could return the car. And there is nothing in the agreement that waived my rights.
That is good that there is nothing in the contract.
I had someone else read the paperwork and they never saw anything about returning cars.
Well, you are alleging they breached the contract by "unconscionable" means by adding additional terms and bootstrapping it to your car agreement.
Additionally, the value of the car has not substantially altered. They are under a duty to mitigate their damages, and attempt to sell the car for the same or similar price.
Thus, if they resell the car for $26,000.00, you may only be liable for the difference.
They stated that I needed an additional service agreement to protect the car, when I did not want one.
Ultimately, it is your call. Naturally, you may also wish to contact the attorney generals office in Texas and ask what your rights are when purchasing a vehicle.
I will type a letter up to ask the finance company to cancel the loan and try to deal with the dealership to return the car and get my car back.
I wish you all the best. Contact the AG's office out of an abundance of caution. Thank you for your time tonight. Please provide me positive feedback.
I will and thank you for the advice tonight.
Thank you. If there is anything further, please let me know. Thank you for your positive feedback.
I did not see that you provided positive feedback. Please make sure you provide such feedback so I earn credit. Good luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).