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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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My wife went into a car dealership on 10/15 to purchase a vehicle.

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My wife went into a car dealership on 10/15 to purchase a vehicle. She had her own financing , but was duped in to completing a sales contract with the assignee being the make of the auto brands financing. So she recieved a letter that stated she was not approved. She called and told them she was bring the car back but they stated they didnt have her trade in. I called left message the owner called me on 11/13 and stated they made the payments on the trade in. So we arranged finacing again. We go in today and they told us it was a done deal. The contract had been assigne to the company we had finacing with. We called the finace company and it is 2 days past due just finaced on the 10/15 but they used the orignal date. Then they black out the assignee on the origanal contract she signed and hand wrote the new lender my wifes lender, this was all done at a higher interest rate and but for the orginal date of my wifes loan application. Is this legal?
Submitted: 1 year ago.
Category: Legal
Expert:  Jack R. replied 1 year ago.


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No it is not legal modifying an agreement post signature is fraud and potentially criminal fraud. The modified contract is not a contract at all sine your wife did not resign after the modifications. You should be able to get the entire contract voided based on the conduct of the dealership. You should engage an attorney to sue the dealership civilly. I would also contact the district attorney in the county and see if the post signing modifications meet the elements for theft by deception. You should be able to get the modified contract voided at a minimum and perhaps damages for falsifying a contract.


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Customer: replied 1 year ago.

 


so they have apart at the bottom of the ORIGANAL sales contract that states " The annual percentage rate may be negotiable with the seller. The seller may assign this contract and retain its right to receive a part of the finance charge." And the wife signed it. to the side it has creditor/assignee: Nissan motor acceptance with the address and all. On the change one it has the Nissan motor acceptance blacked out and hand written Santander. Is this a modification and still illegal?


They told me that Santander had just recently bought Nissan the person I spoke with at Santander said no. if so why would they black it out. I really believe they committed some kind of fraud. Thank you for your reply. I also stated the wrong date in the first question it was signed on 10/15 and on 11/15 they closed the deal. Placing the payment now 2 day behind.

Expert:  Jack R. replied 1 year ago.

Yes, any time a contract is modified it requires the approval of both parties. Changing the name may be insufficient to establish a criminal charge because the financial terms appear the same. The fact the contract had the name blacked out makes it an altered agreement. The altered agreement is not one your wife agreed to. The seller could have executed an assignment to Santander, but modifying the contract was not appropriate and make the agreement voidable if not void.

 

In your question you stated the interest rate changed. Your wife would have to approve of the modification in writing. This cannot be done with an assignment.

 

You should get counsel and have the modified contract declared void. In addition you should ask that the entire transaction be rescinded due to the unscrupulous conduct of the dealer.

 

There may also be a case for predatory lending practice if your wife had her own financing and was "duped" into using the dealer financing. This would be fact specific, for example sometimes a dealer is able to quote a lower price if they provide the financing. This is not duping and individual, this is simply marketing a product where both sides get an advantage. A local consumer protection attorney will be able to help with the contract and the potential predatory lending practices of the dealer.

 

 

 

.

Customer: replied 1 year ago.


so there is a lot going on with this. with the name being blacked out and something else written in on the assigned part? can make this void

Expert:  Jack R. replied 1 year ago.

Absolutely, the modified agreement is not an agreement at all. Your wife did not sign that document as modified. Changing the lender and the financing terms are material changes to the agreement.

 

Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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Jack R.
Jack R.
1937 Satisfied Customers
OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.