Legal Question in Consumer Law in Missouri

False Advertising

I have bad credit but need a car so I went to a local car dealership that advertises ''Guaranteed Financing''. I applied for the loan, told the dealer that I would pay $1000.00 down and they said they could get me a loan. The day after I applied for the loan I was told I couldn't get a loan. The dealership was having a sale on used vehicles at this time. I drove by the dealership after I got off work that same day and the car I wanted was already gone. I talked to a different finance manager the next week when he called me at work to see if he could sell me a car and he told me that someone had put $1000.00 down on the car I wanted and it was sold the same day that I was told I couldn't get a loan. I feel the car was sold out from underneath me and that if they guarantee financing that I should have been able to get a loan even with my bad credit. I feel this is false advertising and I am pretty upset. Please let me know what you think! Thank you---


Asked on 3/26/03, 3:37 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: False Advertising

Section 407.020 of the Missouri Statutes answers your questions:

407.020. 1. The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri, is declared to be an unlawful practice.

In essence the dealer violated the statute by dealing in an unfair and deceptive manner. You have a cause of action against the dealer. You can bring your cause of action in Small Claims Court and ask the Court to impose damages.

Good luck.

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Answered on 3/26/03, 5:04 pm


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