Legal Question in Credit and Debt Law in Texas
Auto loan
We recently purchased a vehicle from a small used-car dealership. We waited for several hours for our loan to be approved and were finally told to take the car home. It took several visits and many hours of waiting to get the contract signed. Now, over a month later, we called to find out where to make the payments since we have not received payment data and they told us that the finance company denied the loan. They want us to return the vehicle. The contract we have is a Retail Installment Sale Contract and contains the Truth-In-Lending Disclosure. The Creditor-Seller is the dealership. At the bottom of the contract it states, ''Seller assigns its interest in this contract to....'' and then lists the finance company that denied the loan. Since we have a contract, do we ''own'' the vehicle? Should we insist that we are going to pay the dealership since they cannot find someone to finance this for us and they signed the contract? What do we do if they refuse to give us the license plates or do a new ''paper tag'' since the original one has expired?
1 Answer from Attorneys
Re: Auto loan
Is the contract missing any important terms? Does it show who you are, who the seller is, what they sold you at what price and payment terms? Is it signed by both parties, importantly, the seller?