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Ms.. I purchased a vehicle and drove it off the lot. I have…

Hello Ms. Wilson. I...

Hello Ms. Wilson. I purchased a vehicle and drove it off the lot. I have not given them my down payment and have not spoken with the lending bank yet either. I was somewhat misled on the price of the vehicle and am trying to unwind the sale if possible

Lawyer's Assistant: What state is this in? And how old is the car?

Should I go into full detail about it now?

Lawyer's Assistant: Has anything been filed or reported?

Its in georgia and its brand new.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The seller told me to lie to the bank and say the vehicle is not for commercial use, though it is, so i am wondering if I can use that to rescind the contract, if the bank denies me. Or if they will somehow penalize me for it.

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Answered in 10 minutes by:
3/9/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,719
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Your Question:

The seller told me to lie to the bank and say the vehicle is not for commercial use, though it is, so i am wondering if I can use that to rescind the contract, if the bank denies me.

Response 1: Yes, you can. Also, if the purchase is contingent on financing, if the bank denies your loan application, then the deal is over. You can refuse the dealer's certain offer to keep on looking for another lender.

Or if they will somehow penalize me for it.

Response 2: You cannot be penalized for getting out of a fraudulent contract. The dealership can get in trouble for getting you to lie.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 5 months ago
Ok. Thank you. I also havent payed the down payment, but I gave them a blank signed checked to be cashed on Monday when I have the money in my account, and I also signed all the paperwork. Do you think there is anything else I need to be worried about?

Unfortunately, yes.

Giving them a blank signed check is very bad idea. Nothing could prevent them from putting down more than the downpayment and depositing it in your account and then reporting you to the Police for writing a bad check when the check bounces.

You need to return the car to the dealership immediately and tell the sales manger that you no longer wish to proceed because of false information provided to the lender.

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Customer reply replied 5 months ago
Ok. I think I will go there. It actually was not blank, I wrote in the proper amount, but they still have the signed check. Thank you.

Okay. That's much better.

A positive rating is appreciated.

Goodluck!

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,719
Experience: B.A.; M.B.A.; J.D.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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