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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19663
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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i purchased a car from a local dealer down here in atlanta

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i purchased a car from a local dealer down here in atlanta with $8000.00 down on a car that was 19500 and the company said we were approved for a car loan from wells fargo dealer for the remaining balance with an affordable $250 a month payment for 66 months. so i sign a contract and got the car. 2 1/2 weeks later this place called me back telling me the bank will not finace the car and they were going to try and find someone else. they couldnt so they decide they were going to finace it. their conclusion was they were going to give me 33 months to pay the balance off with a $500.00 a month payment i said i cant do that then they said if i dont agree to their terms they were going to repo the car . what should i do
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 3 years ago.

Lucy, Esq. :

Hi, My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Lucy, Esq. :

If you look at the paperwork, it should say that it is contingent upon obtaining financing. Basically, where there is a condition in the contract that fails (here, getting a loan), both parties are discharged from the duties under the contract. It's essentially as if the contract never happened. So, they don't have any obligation to let you buy the car, but they're willing to let you do it.

Lucy, Esq. :

Essentially, your options are to return the car and try to find another one, in exchange for the return of your down payment, or to look around yourself to try to find another bank that will give you a loan. If you decide to go that route, tell them what you intend to do and ask for a week.

Lucy, Esq. :

The problem is, since there were reasonable efforts made to obtain payment, that failed, they aren't under any obligation to let you keep the car.

Lucy, Esq. :

I understand that you may be disappointed by this Answer, as it is not entirely favorable to your situation. Had I been able to provide you with better news, I would have been happy to do so. I work hard to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold it against me. It has been my pleasure to assist you, and it would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance.


Best of luck

Customer :

shouldnt i be able to get all of my money back

Lucy, Esq. :

You should, yes.

Lucy, Esq. :

The idea is that, if the contract fails, they're not entitled to any money. The most they could get is the reasonable value of renting the car for the time you had it.

Customer :

last question i had got the car painted to be cause i thought it was mine am i resposible

Lucy, Esq. :

If they need to paint it back, you may be. So, what you would want to do is convince them that you actually improved the car's value with the paint job, and they need to (a) not charge you anything for the time you had it (if they try to) and (b) pay you what you spent to paint it.

Lucy, Esq. :

They can't charge you for improving the car if they get it back.

Customer :

thank you very much

Lucy, Esq. :

You're welcome.


- - - -


Please click “ACCEPT” so I get credit for helping you today. Feedback & bonuses are appreciated. This Answer is for informational purposes only – no attorney/client relationship is established. To request my help in the future, please put "For Lucy" in the subject of your question. Thank you for using Just Answer.


 

Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19663
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 7 other Criminal Law Specialists are ready to help you

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