Legal Question in Consumer Law in Pennsylvania

I just purchased a 2007 toyota tundra truck from a car dealership. All loan papers were signed and approved. All contract papers with the dealership were signed. Part of the agreed deal was the dealer would payoff the loan I had on my tradein vehical. This all took place about 4 weeks ago. They delivered the truck to me 2 weeks ago because some agreed apon work was done to the truck. Aparently the b ank who held the loan on my trade in vehical gave the dealer the wrong payoff amount. the dealer now says that I am responsible for the additional amount. I'm not sure what to do. can you help?


Asked on 8/10/10, 5:19 pm

1 Answer from Attorneys

I do not understand the question. At this juncture, it may not be possible to undo the transaction. Even if the bank messed up, you are still liable for the balance. You will have to figure out how to get it done - either pay it off or roll it into your new car loan if that is possible. However, since the bank did screw up, I would argue that they should eat any late fees or penalties since they did not get payment for a month.

You might need to do a three-way conversation between you, the dealer finance guy and the lender on your old car. You might also have to include the lender on the new car if the paperwork needs to be rer-done. The only other option is to give back the Tundra and get a less expensive model in which you canroll over the old car loan. I'm not a fan of this as very quickly, you will find that the vehicle you buy is not worth what is still owed.

You have learned a hard lesson about why you should never ever rely on the dealer for financing a new car. Get your own financing in place first before you buy. And try not to trade-in cars on which you still owe money.

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Answered on 8/16/10, 8:27 am


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