Legal Question in Consumer Law in Missouri

I'm a financially responsible for this used car purchase?

I purchased a 2004 Endeavor. I traded in my previous vehicle. Documents were signed. My trade was paid off. The title was signed over to me. I have licensed this vehicle and legally put the title in my name. Now the dealer says they cannot give me the financing I agreed to. My car that I traded in has already been paid off. I'm sure they will try to set me up with a different bank/finance plan. I refuse to sign up for anything other than our original agreement. My question for you guys is... I signed the documents, they signed over the title to me, I've licensed and paid sales tax on this car. Did I just get a free car due to their clerical error?


Asked on 11/29/04, 6:52 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: I'm a financially responsible for this used car purchase?

It would be nice if the world worked that way, but no, the court won't impose upon them to give you a free car. There are several potential options available to you, including suing for violations of the Merchandising Practices Act. Generally a person does not get to title a car until financing is approved. If you were approved, and they later decided you were too high a risk and wanted to undo the deal, you can probably compel specific performance of the original contract.

Of course, you've given me only your side of the story (and I mean you no disrespect -- its the only side you know), so there may be other factors to consider. For this reason it would be a good idea to get an attorney involved early in the process and not after they've sued for possession of the vehicle or taken other action that might damage your credit.

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Answered on 11/30/04, 9:14 am


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