Legal Question in Traffic Law in Virginia
Auto Purchase
Unable to get financing myself, I signed a Buyer's Order and Purchase Contract for a used automobile at a dealership in Virginia with a cosigner (who lives in Calif). My name and the cosigner's name appear together at the top of each document. The Buyer's Order reads: ''Subject to Approval by the Bank''.
I got auto insurance and temporary registration at the dealership and drove home while they continued to work on the deal.
After three days, the cosigner said she never got the docs and decided against cosigning. The dealership said that it got no final answer by the bank.
I returned the car with the keys on the 4th day because the Buyer's Order says the car must be returned within 4 days ''unless a full settlement.'' I also canceled my insurance. The dealership is calling me saying that it has finalized the agreement and that it is my car.
Do I own the car?
2 Answers from Attorneys
Re: Auto Purchase
Who knows, but if the dealer is still offering and you're still interested in buying, then why not GO FOR IT and finally settle the question?
Re: Auto Purchase
It really depends upon what the contract
actually says. From what you describe, it is
unclear what settlement means. If the contract
says you have a right to return the car within
4 days, then you do not own the car. But I am
not sure what it actually says from here.
MY colleague raises an interesting point. In
effect, they asked for a co-signer and now they
want to go ahead with the deal even if you don't
have any co-signer. I realize the financing
company is probably a different company. But
explore whether they will re-do the deal. But
you need to have them REWRITE the contracts
and sign AMENDED versions to delete the co-signer.
Also, I am confused by what you describe. I
don't understand how you picked up the car
without the co-signer actually SIGNING the loan?
If the co-signer has already signed, she cannot
change her mind (except to the extent that you
may have a right under the contract to cancel
the purchase within 4 days, but we'd have to
read the contract to know that for sure).
Bear in mind that even if you do have a
contractual obligation to buy the car, but you
now refuse, they must (a) make all reasonable
efforts to resell the car to someone else, and
(b) as long as they sell it for the same price
or more, they cannot sue you, because they have
not lost any money. THey can only sue for what
they have actually lost.
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