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i traded my car may 22 i still have no contract with the dealer…

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i traded my car may...
i traded my car may 22 i still have no contract with the dealer and am still paying for the car i traded. can i demand my car back and give them theirs. they quoted me an 8.25 interest at that time and now they want 12.75.
Submitted: 8 years ago.Category: Consumer Protection Law
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Answered in 22 minutes by:
6/22/2010
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,761
Experience: Attorney experienced in commercial litigation.
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If you have no written contract on the car, then you have the right to return their vehicle and demand they return your vehicle. However, if you signed purchase agreement and are just arguing over the interest rate then you would have to argue that their misrepresentation or mistake voids the agreement, but if they have already sold your car because you signed the title over then you would be in a second dispute over getting money for your car versus what they will want to charge you for the use of their car during this time. In other words these cases are messy.


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Customer reply replied 8 years ago
no they have not sold my car nor have they paid it off. i am still obligated to pay for it. i signed 2 agreements one for 8.25 interest with no lender and one with capitalone as lender at12.75. now they are having trouble with capitalone. i am tired of messing with them and want to just get my car back and deal with someone else.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Unfortunately, you can argue they have to honor the 8.75 agreement since capital one will not loan you the money, but if you signed a purchase agreement (even if you did not sign the finance agreement) they could fight you over canceling that agreement and you can fight them that they have to honor the 8.75 agreement after a month has passed.
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Customer reply replied 8 years ago
i am not really worried about the interest. i want to know since i am still paying for the caliber i traded for a hundai 1 month ago and they can't find a lender can i take back the caliber. i signed a financial agreement with capitalone but now they want me to sign an agreement with someone else. and it has been a month since i signed the 1st financial agreement with no lender.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
You can go to them and allege breach of contract since they were supposed to pay your car off and use that as the ground for canceling your contract.
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,761
Experience: Attorney experienced in commercial litigation.
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Law Educator, Esq. and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 8 years ago
thank you very much i am going to try that.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Thank you.
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