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.
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