Legal Question in Consumer Law in Oregon

I really need some advice. I think I am hot and heavy in the middle of a spot delivery scam. The dealer made me think I was approved and sent me home with a 2012 Toyota Camry. They kept my car as a trade in, with a $500 deposit. I did read the paperwork, but I assumed some of the wording was moot, since I was already approved. Now that I have done some research and put 2 + 2 together, its obvious I am about to get scammed. The contract includes a .48 cents per mile fee, plus some other ambiguous terminology that includes lost dealer commission. I am in day 8 of having the car and am expecting the dreaded, 'your financing fell through' phone call any second now. Can you please help me know how to lessen my damages? I really just want my trade in back. But the wording states that I must first pay for any reasonable repairs they do to my trade. I am a working, single mom that really needs transportation. I'm not driving the new car much, due to my fear of the .48 cents and excessive wear and tear on car upon its return. Please, if you can offer any advice, I would be eternally grateful.


Asked on 7/15/16, 10:39 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

The Oregon law that protects you somewhat from this scam is explained at https://consumerlaw.osbar.org/2014/11/17/bushing-scams-yo-yo-sales-and-spot-delivery-of-vehicles.

If dealer cannot arrange financing, you are entitled to get back everything you paid and your traded-in car as well. But you can be charged that mileage rate for use of the new car. You cannot be charged for any lost commission. As for wear and tear, take extensive photos of the new car before returning it, and tell the dealer you have done so. Also tell him that the Consumer Law Section of the Oregon State Bar is very aware of these scams and are eager to stop them.

Also, you do not have to accept any financing the dealer has arranged that is in any way different from what they promised you. If they don't arrange that exact financing, you can terminate the deal.

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Answered on 7/15/16, 5:17 pm


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