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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 36984
Experience:  Attorney,16 years experience in consumer protection areas
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I reside in Suffolk couny NY. I purchased a 2010 vehicle

Customer Question

I reside in Suffolk couny NY. I purchased a 2010 vehicle from a used car dealer. I don't have good credit so I had a co signer. I signed the electronic loan documents first then the co signer signed. I specifically told the dealer that I am the buyer and my friend is the co signer. They switched the signatures on the computer ( putting my friend's initials first ) which resulted in my friend being listed as the buyer and myself as the co signer. I specifically told salesman that my friend is NOT to get any mail regarding the loan bc they live with parents, etc. and as co signer there is nothing sent to them from loan company ..They assured me my friend wouldn't get any mail bc I was the buyer not the cosigner. Of course now my friends Mom got all the mail, thepaymnet book etc, bc my friend lives with her, Theyt turned against me bc of this and tried to have me arrested for fraud, which the dealer disproved bc we are both on video signing,,,the loan co said the only way to get car in my name is ***** ***** Dealer change paperwork Of course now bc of my problem that the dealer caused the owner is never in, etc. What are my legal recourses I have NOT registered the car yet in my name it has temp dealer registration. I don't want the car with my friends nameon the paperwork it's fraud by the dealer correct Please help have to either return car or I don't know what Thank you
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the dealer misrepresented the terms of the contract (i.e you were listed as co-signer instead of buyer) then that would be fraud, misrepresentation, and breach of contract on their part.

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With that said, you can contact the dealer in writing and tell them that if they don't redo the paperwork so that it accurately reflects the agreement, then you will not only file suit against them for fraud, misrepresentation and breach of contract, but will also file a formal complaint with the NY Attorney General for "fraudulent business practices" and let them deal with the AG's office in any criminal prosecution.

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That should scare them enough to agree to change the paperwork back to reflect the agreed on terms of the sale.

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If not, then you might have to actually file suit and the complaint with the AG to put more pressure on them to settle the matter and redo the deal.

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thanks

Barrister

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