Legal Question in Consumer Law in Ohio

My brother purchased a car in october. He had payed off all of his credit cards so his credit report was like he never had credit. he put 300 dollars down and drove it off the lot. In a matter of the last few months he has made numerous trips to get it fixed which they did, and for some reason they kept trying to get him refinanced. He never received a bill or payment statement, but was in contact with them about getting a different loan or lower rate. Yesterday he gets an alarming message on his telephone saying that if he doesn't bring the car back to the lot and return it they were calling the police and reporting it stolen. My brother was stunned and confused please help me to understand how that can be legal. Mind you he has all of his signed paperwork


Asked on 2/26/11, 10:18 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

Often car dealers in Ohio will quote you one financing rate when they sign the papers for the sale of the car, and then call you back a few days or weeks later to tell you that they just found out you did not qualify for the loan, and that they had to put you with another lender that is charging a higher interest rate. This may be what is happening with the financing.

It sounds to me like what they are doing may very well be a violation of Ohio's Consumer Sales Practices Act. For violations of the Act, the consumer may recover actual damages or $200.00 per violation plus attorneys fees. Violations of the Act may also be used as a defense to any claim for relief asserted by the car dealer in a lawsuit.

You might want to call your local bar association and ask for an attorney who regularly practices in Consumer Law and purchase an hour of his/her time to review the paperwork and see if there are violations. With used cars especially, there often are violations.

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Answered on 2/28/11, 5:18 pm


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