Legal Question in Civil Litigation in Massachusetts

automobile

On sun Sept 5-1999 I gave a 200.00 dollar deposit to a ford dealership to hold a car so I could bring back my wife to take a look at it before we signed a purchase and sales form.

A work sheet agreeing on a price with one condition that the front wheel be fixed was filled out . So we filled out a Ford credit report and as of yet no purchuse and sale agreement had been filled out. Told sales person that we would be back on Tuesday to sign Puchuse and sales

agreement. When I arrived Tuesday nothing was

done on the car and asked for my deposit back

and the sales person asked if it would be fixed and would take another $1000,00 of the price

I knew that something was wrong at this point.

And told them I would get the credit from my

credit card company! The next day my insurance company sent me a statement for my new car? After going to insurance co. I found out that my name as well as my wifes were forged and that this car was registerd and I have a loan with ford motor Co for $31,000 What is my recourse on this Matter Please help


Asked on 9/03/99, 4:51 pm

4 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: automobile

This is either a major misunderstanding or a case where you should immediately get an attorney involved. You are likely to create problems for yourself if you try to handle this alone.

If someone forged your name and your wife's, then there is possible criminal conduct involved. If you try to use that as leverage, you could wind up with civil or criminal liability for extortion unless you know what can and cannot be said.

Without knowing anything more, I suspect that the dealership is likely to resolve this to your satisfaction once manager-level people look into the problem.

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Answered on 9/08/99, 3:01 pm

Re: automobile

What recourse? First, you won't have to pay a loan you didn't sign for, but you ought to return the car if you've got it, too.

Getting that out of the way, this is an outrage. I'd probably just as interested in filing a criminal charge as I am in the civil case.

What city / town is all this happening him??????????? Where do you live??

Write to [email protected], okay?

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Answered on 9/08/99, 6:14 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: automobile -- FRAUD OR FORGERY??

On Sunday, you gave a deposit to hold a car

until you could bring your wife to the agency on

Tuesday.

You'd buy a used or new car (you don't say) IF

IF IF front wheel would be fixed. You wrote

"we" filled out a credit report and then

someone (you never said who) told the

salesperson that you and someone else ("we")

would be back on Tuesday to sign a purchase

and sales agreement.

On Tuesday the salesperson offered to reduce

the price by $1000 because the dealership had

not fixed the front wheel.

Why would need to get $1000 credit from your

credit card company if the $1000 was being taken

off?

Now a day later, from correspondence from your

insurance co you learn about previous

registration. AND -- now here's the biggie --

that and your and your wife's name were forged!!

QUESTION: How would the dealership have gotten

your wife's signature when she was not at the

dealership on Sunday and she wasn't there to

fill out a work order for a car and neither of

you signed a purchase and sale agreement?

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Answered on 9/08/99, 8:36 pm

Re: automobile

I have a guess about what happened. The salesman, saying that you were authorizing a credit report, got you to sign a form for yourself and your wife which was actually a loan application and maybe a sales agreement all at once. Am I right? No matter. To go further with me (or with any attorney), you'll want to send copies of the documents (or just fax them) to the attorney for him to look over himself. If you got tricked, you could have some problems, but if any of your signatures were not created by you or your wife, ... look out! -- Big trouble! I'd start with a criminal complaint.

My fax number is (617) 527-1763. What city you are in? If you are over 50 miles from Boston, I'd rather you found an attorney closer to you to handle this.

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Answered on 9/09/99, 3:13 am


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