Legal Question in Consumer Law in California
non responsive auto dealer
On Sept 30th I purchased a new car from a dealer in California. They took my old car in as a trade and has not paid this vehicle off as of today's date. My former lender is calling for a payment and will show a late on my credit report. The dealer told me they sent a check on Oct 13th, but my old lender insists they received nothing.In addition, I had a pre-approved blank check when I walked into that dealership and they insisted they could finance me at a lower rate. Whomever they sent this to for funding, now insists on more documentation and I feel this is unnecessary, since they have verbally talked with my employer over the phone. I need to know what I can now do legally. Time is running out and I feel a late on my credit report will give me the right to sue this car dealership.
2 Answers from Attorneys
Re: non responsive auto dealer
First, you need to get an attorney who specializes in fraud and breach of contract type cases. I see a glaring fraud problem.
Second, you need to check the statute of limitations in your state, and at least file a basic civil complaint, so your claims are preserved. This is assuming the statue will toll soon.
You may have a class action type case as well as an Unfair Business Practices claim. These cases are hard to prove up and very expensive and time consuming. I would suggest trying to resolve with letters and phone calls first.
I cannot take on such a case unless it is hourly billing. This means you may end up paying more for an attorney than the case may be worth.
Finding a fraud contingency fee attorney could help. Try a Yahoo! search for your state plus contingency fee fraud attorneys.
Last, you could always try and "unwind" the sale and simply take the car back and return the keys to the dealership. Based on your post, and assuming the fact are accurate, the dealer ship has apparrently NOT finalized any financing, as they are seeking more info.
However, doing so may put you at risk for them suing you. So don't consider this as advice to "unwind" the sale. Do that at your own risk.
If those facts are accurate, then arguably, there is no final purchase agreement. Nothing I have said should be construed as legal advice. I would need to know more information to give an opinion.
Should you follow any of these approaches, please note that basic common sense dictates you not be hot headed with the dealership.
Abe Lincoln was right when he said to: "avoid litigation at all cost"
Re: non responsive auto dealer
Turn over your contract of sale and look on the back, right column. You should see language that says that the dealer has only 10 days to rescind the contract if financing is unavailable. It is not your problem after that 10 day period if the dealer has failed to obtain financing. The dealer becomes your financing company. Otherwise, if you and the dealer agree, you can rescind the contract simply by giving the car back to the dealer and demanding that it pay you the stated worth of your trade-in (if any). Dealers ofter drag their feet in paying off the finance balance until they sell the trade-in vehicle. If it results in a negative credit report you can sue the dealer for money damages.
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