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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5266
Experience:  Licensed to practice before state and federal court
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Mrs. Pearl, my family and I are going thru a trying

Customer Question

Hi Mrs. Pearl, my family and I are going thru a trying situation with mike shaw toyota where a car was promised to us. Documents were signed and the car was released to us. Now Toyota is trying to take the car back. The factor that makes this particular situation a mess is that I sold my only and primary vehicle to sign off on the camry, because thier finance manager said the deal was "solidified". They're asking for a master addendum of 6 months guaranteed payments which we can't provide after putting $3000 down. And they're are unwilling to help us
JA: What state is this in? And how old is the car?
Customer: Texas and the Camry is a 2017
JA: Has anything been filed or reported?
Customer: No not yet. I did contact the better business bureau but i haven't f8led my complaint yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: This is the third time the company sends us a deal because they've tried with other banks before. I have 2 bill of sales that I've signed that we believed the car was ours.
Submitted: 2 months ago.
Category: Legal
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry to hear about your situation. Generally, if a dealer says that the deal is solidified, and they have not said that they are going to make the deal contingent on selling the contract to a third party, then this is illegal. Cancellation of the contract must be based on a clause making the sale contingent on a third party approving financing. Many times, dealers will put in their contracts that if they cannot sell the contract with third-party within a certain amount of time, then they can cancel the contract and have the vehicle return. My first recommendation would be to look at your contract in to see if this Clause is included. If this Clause is not included, then you may have a case for unfair/deceptive trade practices.

The basic components of a lawsuit like this would be:

1.To establish that there was an unfair practice, there must be a representation, omission or practice that is likely to mislead the consumer;

2. The representation is examined from the perspective of a consumer acting reasonably in the circumstances; and

3. The representation, omission or practice must be material enough to affect the consumer’s conduct or decision, even though no actual reliance is required.

Also, keep in mind that you are not required to sign a 6 month guarantee. You can always negotiate with the payment terms will be with the dealer, including reduced monthly payments; a lower sale price; or even getting a different vehicle that is cheaper.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
Thank you so much you've helped tremendously. Legal eagle I definitely want to contact you in the future. The funny thing is that i never got a contract but just the bill of sale. This is the first car I purchase under my name and I wasn't aware that a copy was legally mine. Ease contact me(###) ###-####
Expert:  Legal Eagle replied 2 months ago.

you are certainly welcome. And it's very interesting. If You never received any information regarding the terms of the sale, then what they're doing is likely going to be not legal. Many dealers try this thing where they will deliver the car but then they will later on try to say that you owe a higher amount or a higher interest rate or they will try to get you into some sort of other car after you've already driven it off the lot and sold your other car in order to get this one.

Customer: replied 2 months ago.
That's exactly what they tried mr eagle! It's funny because i drove off the car on July 4th independence day and it's been over a month and i have never been handed the contract. Is there any other way I can contact you if I need your services even if I have to pay a fee?
Expert:  Legal Eagle replied 2 months ago.

Oh you are certainly welcome. I believe that you can save me as a favorite if you like so if you have future questions you can request me directly without having to wait for another expert. Regardless, if for some reason I am in court, working with another client, or otherwise unavailable, another attorney expert would be able to help you out.