Legal Question in Business Law in California

Auto loan financing is very shady-how can I protect myself

I have a bankruptcy 4.5 years ago, so I'm trying not to be taken

advantage of by the finance dept. The dealer said I qualified for 2.9

percent interest, so I

signed the loan paperwork. It took a few days to get insurance, and

during

that time I learned they have 10 days to arrange financing or take the

car

back and return my $3500 deposit. If I can't get 2.9 percent, I don't

want it. I

called the finance manager and he said my paperwork had yet to be

approved, 5 days after signing. I told them I couldn't take posession

until I

had it in writing I was approved at 2.9 percent. A few days later I got

a fax

from him saying I was approved by the manufactrer at 2.9 percent,

and he signed it

and back dated it to the day I signed the contract. They're still acting

fishy

and won't give me a loan id number, saying I have to take the car

before they

can submit some more mysterious paperwork. I'm going to wait until

after

10 days from the date of signing and I get a verifiable loan ID

number, or a

payment book, or a letter from the lender before I take posession.

Am I being

paranoid or prudent? Anything else I should do or watch out for?

Thanks!


Asked on 2/28/04, 4:30 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Auto loan financing is very shady-how can I protect myself

I can understand your paranoia. In my experience, the dealer has not secured a loan until the new owner takes possession. However, it depends what your agreement with the dealer says. There should be a provision that says that if they can't secure a 2.9% loan to include the full term of the loan, the buyer, at his/her option, may unwind the deal without any penalty. Also, you should make sure that, if you get a 2.9% loan, it's for the entirety of the term, and not for a shortened period. Good luck to you!

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Answered on 2/28/04, 4:04 pm


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