Legal Question in Consumer Law in California

Is there any way I can 'get out of' a car loan that was obtained/approved due to false/untrue income amounts that the finance manager, not me, wrote on my loan application?I did not want a car loan because I was already maxed out and could not afford another bill of any type. I should have been able to go into a dealership and be treated with respect. Instead my wishes were ignored. I was antagonized, harassed and bullied until I finally gave up as these two men committed fraud by falsifying loan documents and by ignoring the Federal laws under the Magnuson-Moss Warranty Act. This Act gives clearly guided steps, rules, on how an extended warranty or service agreementay must be submitted to the client (me) for review. It goes on to say the client should never be told that the warranty must be purchased right now...that it will not be available tomorrow. In addition, the warranty must clearly state exactly what it does and DOES NOT cover, the actual/true cost of the warranty clearly written so that the consumer can see how much more the contract will cost after it has been added into the car loan with finance charges. The Finance Manager told me there would be no finance charges added onto the warranty. He told me the warranty had to be purchased today. It would not be available tomorrow. Magnuson- Moss Act as well as The Contract Industry Council's (or SCIC)Model Act protect the consumer from fraud and scams. Of course for all of this to work effectively the consumer and the dealer must have a working knowledge and be willing to have some integrity when working with people . I should not ever have been approved for a loan and I wouldn't have been if they had submitted the numbers I put on the application. What are my chances of getting this Toyota Dealership to 'eat' this screwed up loan?


Asked on 9/09/15, 1:40 am

1 Answer from Attorneys
John W. Hanson The Hanson Law Firm

Yes, it may be possible to unwind this sale. You should definitely consult with an attorney that specializes in consumer law and car sales. You will need to have the paperwork from the sale handy, and be ready to supply copies. Credit "kinking" is a huge problem in the car sales industry, and we have several cases currently pending with similar facts. They are very difficult and tricky matters to handle, and, as always, prompt action improves your chances. Please be aware that a one-year statute of limitations may apply to some of your claims, so if you bought the car around a year ago, you really need to get moving.

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Answered on 9/09/15, 9:16 am


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