Legal Question in Credit and Debt Law in Tennessee

Discrimination against housewives

I have been informed by several automobile dealers that I'm ineligible for financing on a new automobile because I am a housewife with no source of income. My husband is ineligible to co-sign for a loan because he does not have a driver's license. I don't understand how or even if there could be a law restricting the purchase of an automobile based on the ability to drive. My husband makes enough yearly to pay for the most expensive car on any lot but, we are stuck driving and buying used vehicles that, in my opinion, aren't entirely safe. The decision to turn me away was based only on my telling them that I am a housewife and my husband does not drive. To me, they are saying I am noone without him. I do not believe that I should be turned away because I am a housewife or because my husband does not drive. We are perfectly capable of paying for anything I pick out and I believe that we should at least get a valid explanation of the reasoning in determining our capabilities. I guess that I need to hear it from the experts that it is unlawful to sell (finance) a car based on the driving capablities of the loan-holder. Thank-you,


Asked on 4/23/98, 12:49 am

1 Answer from Attorneys

Sounds wrong to me, but I'm not sure.

Is it that they want the primary driver to be the loanholder?

Like you, I cannot see what husband not having a driver's license has to do with ability to pay the loan. It MAY be becausea) license is a primary form of identification, for securityon their loan; b) in some states, if someone doesn't pay whatthey owe someone and it's related to an automobile, the creditorcan institute a proceeding to take away the driver's license untilthe judgment is satisfied, an additional threat.

Another possibility: it's just on their form and they think thateach space on the form must be filled in, but noone checked for sure.

Loan agreements are usually left up to the parties to the agreement.If they don't want to loan you money, they don't have to, except that they cannot discriminate for an illegal reason (e.g., race, religion, etc.); here they may legally discriminate and there's notmuch you can do about it. Heck, if you were lending money, wouldn'tyou want to be able to make the rules?

Sounds like husband's doing financially well. Maybe you should just save up and buy it for cash.Used cars are MUCH cheaper and it will save you money while you're saving up. I'm not really a smarty-pants.

Last comment: there's more than one lender out there!It's usually cheaper to get a loan from the dealer (betterrates) but they're not the only ones making loans on new cars. Find someone else. But if you check a few places and theyall have that same policy, then you'll have to read the handwritingon the wall, and give in.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 5/15/98, 10:47 am


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