Legal Question in Consumer Law in Texas

New vehicle contract

I recently purchased a new car in January. The contract stated the first payment be due in Feb. After speaking with the finance mgr about a rude finance officer, he gave us a new contract (his idea) with a first payment date in Apr. We began payments in Apr and have never been late. Well now the finance company says the 2nd contract doesn't count and we are 2 payments behind. They are telling us to make up the payments or lose the car. We have both contracts and faxed them the 2nd one (the dealership supposedly never sent it) - but they refuse to accept it. I am adamant about not making 3 payments at once (2 old, plus current months) - but they don't want to work with me. Is there anything I can do?


Asked on 8/10/07, 9:19 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: New vehicle contract

Sounds like you could sue the dealership for fraud for getting you to sign a new contract which they did not forward to the finance co. The dealer is the finance co.'s agent. Probably not enough damages to equal DTPA unless the 2 payments exceed $1,000.00. If the finance co. has posted the late payments to your credit report, you might have defamation of credit. The problem is that you may not have sufficient damages for most attorneys to work on this case (as I see it).

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Answered on 8/10/07, 9:53 am


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