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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I believe I am the victim of a spot delivery scam, no, the

Customer Question

I believe I am the victim of a spot delivery scam
JA: Were the police contacted? Were any fraud charges filed?
Customer: no, the dealership is demanding more for a down payment AFTER I signed papers and drove the car off the lot
JA: What state are you in?
Customer: wisconsin
JA: Anything else you want the lawyer to know before I connect you?
Customer: I put 10,600 down for a 2015 Lincoln MKZ, and financed 11,000 remaining. a week after I drove off the lot, the dealership called and said financing didn't work out and that I owe them.
Submitted: 2 months ago.
Category: Legal
Expert:  LegalKnowledge replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Customer: replied 2 months ago.
Thank you
Expert:  LegalKnowledge replied 2 months ago.

Good afternoon. Was there anything in the contract that said that if financing did not work out you would agree to put more down? Was the sale conditioned upon financing?

Customer: replied 2 months ago.
the only thing the contract says about financing is that it must be "acceptable to you" as the consumer. I never received a spot delivery form. On the back of the financing contract it states that "if you accept delivery of the vehicle or accept the proposed financing the contract is enforceable as written."
Customer: replied 2 months ago.
I don't understand how the dealership can retroactively say "oh, not a good deal" after I've signed agreements and driven off the lot in the vehicle I paid for.
Expert:  LegalKnowledge replied 2 months ago.

Thank you for the reply. It is not uncommon for some dealers, to allow a buyer to take a car, with financing still going through the underwriting process. If you review everything that was signed, there should be language which states that if you are not approved, the vehicle would need to be returned and your down payment would need to be refunded. They should disclose to you what the issue was and if this can not be worked out, refund the money and take the car back. The contract controls, so you are not forced to give them any more money but do need to read ALL the fine print and see if it indicates anything about the final sale being conditioned upon final approval and/or returning the car if not.

Customer: replied 2 months ago.
There is no language on the document that asserts it is merely a pending agreement. I was also never supplied with nor did I sign a "spot delivery form." It specifically lists the financing agreements and there is no listing of any further requirements. It does not say anywhere on the contract that it is dependent upon whether or not I'm approved.
Expert:  LegalKnowledge replied 2 months ago.

If you want to try and keep the car, you can try and obtain financing on your own. If that is not possible, the vehicle would need to be returned and they would need to refund you the money. They can not keep your deposit or profit off of you, if they could not get you financing.

Expert:  LegalKnowledge replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!