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JB Umphrey
JB Umphrey, Attorney
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Experience:  Explains legal matters based on 14+ years experience.
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My wife and I were quoted a price on a car before I left town

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My wife and I were quoted a price on a car before I left town on business. When she went end to make a downpayment on the car they had her sign her part of the paperwork and let her take the car home. When she called me the price of the car had increase by $5000 can we return this car? She just got it last night and I haven't sign any paper. In Arkansas
Hi and thank you for using JustAnswer!

I am sorry to learn of these circumstances. Do you have a copy of the paperwork she signed in front of you?
Customer: replied 4 years ago.
No. They haven't given her any paperwork as yet. They are waiting for me to come in on Sunday when I return home to sign. Also they took a predated check from my wife the funds will not be available until Monday April 30. They really rush my wife into this while I am out of town.
Thank you. Given these circumstances, why did they let her take the car home?
Customer: replied 4 years ago.
That's my question. When I talk to the salesman the price of the car was around 23000 and with a $5000 payment it should have been around 17,000 my wife calls and tell me that after our down payment the car is still at 22000! We are both supposed to sign the papers but they let her take it home without me signing!
Thank you.

If your wife signed a contract, she's bound to it.

If you have not signed a contract, you are not bound to it.

It's important to realize that verbal promises are not legally binding. The only thing that matters is what's in the written agreement.

If they did not give your wife a copy of the agreement, then that suggests that the agreement is not complete. Failing to provide consumer with their copy of Truth In Lending Act disclosures when they become obligated is a TILA violation. http://www.bankersonline.com/regs/226/226-17.html

Given these collective circumstances, you may want to contact the dealer, inform them that they are engaged in deception, that the car is being returned, that your wife is rescinding her signature, and that a stop payment is being placed on the check. If they want to make an issue of it, you will also file a complaint with the state attorney general http://www.ag.arkansas.gov/contact_us_consumer_complaint_form.html and the state motor vehicle commission http://www.amvc.arkansas.gov/pdf/forms/Consumer_Complaint_Form.pdf

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied and select the Happy Smiley Face. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

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