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If you sign a Retail Installment Sale Contract Simple

Customer Question
Finance charge contract with a...
If you sign a Retail Installment Sale Contract Simple Finance charge contract with a dealership, and the Dealership is listed as the Seller-Creditor and it specifically amount financed, number of payments , payment amount etc..
JA: Have you contacted the seller or manufacturer? What documentation do you have?
Customer: Just because the Dealer is having issues getting a bank to buy the contract at the rate and amount they promised me, can't I hold them to the contract they signed with me at the same amount, rate, and payments? I have copy of the Retail Installement Sale Contract Simple Finance Charge between me and Dealer.
JA: What state are you in?
Customer: Oklahoma The agreement has full amount financed, interest rate, payment amount all of that.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Now they are calling me saying they are having issue with banks, which means they are having issues selling the contract to another lender, but is that my problem. Can't I hold them to this contract they signed with me that says they are the Creditor. They are talking raising rates, changing what was agreed to almost 2 weeks after I left the dealership with new truck and traded in 2 other vehicles for.
Submitted: 3 months ago.Category: Consumer Protection Law
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7/27/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6,017
Experience: Licensed to practice before state and federal court
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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 3 months ago

What is going on is called spot delivery. In spot delivery, the buyer takes possession of the vehicle “on the spot,” upon making a commitment to buy or lease on installment, but not yet having a definite arrangement for financing with a bank or finance company. Unfortunately, this is a legal practice in the state of Georgia. However, the terms of the agreement are going to be what applies. If the terms of the agreement say that the agreement can be cancelled if they cannot find a proper creditor, then you may be out of luck. On the other hand, if the agreement says that the dealer is going to be the Creditor if they cannot find somebody, then they cannot force you to come back in agree to new terms or purchase another vehicle. My recommendation would be to just review the contract just to see if there's any language in there that says what happens if they cannot find a bank, after that, you will be in good hands. Did you have any other questions for me?

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Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6,017
6,017 Satisfied Customers
Experience: Licensed to practice before state and federal court

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