Legal Question in Consumer Law in Florida

Car purchase with pre-approved fiancing

I purchased a vehicle in January with my financing pre-approved. Last week the salesperson came to my home and wanted to take the car back. They stated they never got the funds from the finance company. When I refused to give the car to them they let the air out of the front tires and took the license plate. They also entered the vehicle setting off the alarm. I have never gotten any written notice from the dealer. I called the finance company and they have no record of my loan but told me the dealer was either missing a form/ document or they did not send the paperwork before the 30 days expired. The title of the vehicle was already issued with me as the owner 36 days ago. On my purchase contract it says that tranfer of title and ownership will not occur until all funds are received as paid in full. Should I not assume this is so? What rights do I have in this case?


Asked on 3/22/09, 12:55 am

2 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

Re: Car purchase with pre-approved fiancing

First, I would call the police and file a report and even request the guy be arrested. You need to consult an attorney who knows about auto fraud. This may be what we call a "Yo Yo" sale, where they claim that the finacing co did not approve it and now want the car back at a much higher price. This is illegal.

see ConsumerLawyerHelp.com

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Answered on 3/22/09, 9:07 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Car purchase with pre-approved fiancing

The first question is whether the dealer has been paid. If not, they need to be paid. Ultimately, that is your responsibility and one that you should have confirmed occured. Follow up on that. That said, even if the dealer had not been paid, that does not give them the right to vandalize the car. Get the payment information figured out and then go and meet with the head guy at the dealership. You can file a report with the police, but that escalates things -- particularly since the police were not called right away. Try to figure out where the screw up was on the payment issue.

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Answered on 3/22/09, 10:48 am


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