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TJ, Esq.
TJ, Esq., Attorney
Category: Consumer Protection Law
Satisfied Customers: 12395
Experience:  JD, MBA
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Bought a car, 14 days later I get a call from the dealership

Customer Question

Bought a car, 14 days later I get a call from the dealership saying that the bank we originally signed the contract with denied the Loan because it was too long. The options the dealership gave me were to sign the short 6 year loan for a way higher price than I can afford or take a service package off my car, which will drop the price that is still too high, for a 6 yr loan. What are my options at this point as far as possibly getting my old car back or should I sign the contract?
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  TJ, Esq. replied 5 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Unfortunately, it appears that you signed the sales contract and purchased the car without having first obtained financing. If you read the sales contract, it likely has a contingency which states something to the effect that you must make a good faith effort to obtain financing, and that if you don't then you must return the vehicle. The issue is that the dealer may have a legitimate argument that you are not making a good faith effort if you do not either sign for the 6 year loan or removing a package to make the vehicle less expensive (or both). If you do not make a good faith effort, then theoretically you could be sued for breach of contract. Will that happen? Maybe, maybe not, but I'm sure the dealer will claim that it'll happen. It will assure you that you made the deal, and that you have no choice but to somehow get the financing. At this point, i would tell the dealer that you cannot afford the payments and that you need to either make the car cheap enough so that you can afford the 6 year deal, or you'll have to back out of the sale. That puts the ball back in the dealer's court and they may work with you to make the sale possible for you. You can also try to obtain financing on your own, such as from a local credit union, as they generally have lower rates which can decrease monthly payment.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our discussion). Positive feedback is always appreciated as well. Thank you and good luck!
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Customer: replied 5 years ago.
Thank you very much for your help. When they said they got my loan accepted I thought that was the financing. I will pass along the information. Thank you again
Expert:  TJ, Esq. replied 5 years ago.
I really wish you luck!