Can a car dealership make me sign a new contract?
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I've been having issues with this dealership bc I purchased a car about 11 weeks ago and now they want me to sign a new contract where the total cost of the car including financing will be $260 more than the original contract however my monthly payments will be reduced by $4 a month. The reason they can't stick to the original contract is bc financing didn't go through. Can I simply not sign this new contract return the car and get my downpayment back? I've already made 2 payments to the dealership which they can obviously keep. How do I tell them that I want my original contract and that If they can't give me that then there's no deal?? Or am I obligated to sign bc I've had the car for a long time now?? I did some research online and I found that a dealership has only 10 days to change the contract, is this true? Bc for me it's been way more than 10 days! Thanks !!
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Answer:
Yes, you can return the car. But, like you said, getting the payments you paid is going to be like pulling teeth. Ditto for the down payment. You can hold them to your current deal. The dealer is not going to volunteer that you deserve every penny you paid plus the down payment back. You are legally but getting it without suing them may be unlikely. Id say if you hold out,they will agree to the original deal. Sounds like the dealer is financing you but would like to sell the note.
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Other answers
Most likely you've been the victim of a spot delivery. The practice is illegal in many states, but even in states where it's still legal you can force the dealer to carry the paper per the terms stated in the contract. Most courts have held that clauses that allow dealers and finance companies to change the terms after delivery are unconscionable and unenforceable. With modern computerized credit approval systems used by virtually all but the smallest dealers, there's no reason that the finance manager cannot spot the financing while you're in the dealership. That's true even outside of normal business hours. Unless you lied on the credit application (and the dealer or finance company has proof) you can force the dealer to abide by the contract as written. (If you did lie, take whatever they offer to make it go way to avoid bank fraud charges!) I used to sell cars and have done the books for a number of dealerships. I've seen unsophisticated buyers bullied by dealers on this matter and taken to the cleaners when they signed a new contract. I've seen more savvy buyers stick it to the dealer and force the dealer to carry the paper if the dealer could not "shop the note" to a 3rd party finance company. A couple even came back with attorneys in tow, a GREAT way to blow off a dealer if you have a friend who happens to be an attorney. The only way that the price including financing could rise yet the payment drop is if the term is extended. You're under no legal obligation to sign a new contract just because the dealer forked up originally. Tell the dealer that his options are: 1. Take the deal as agreed, or 2. Scrap the deal entirely, refund any down payment (or cash value of your trade) and take back the car.
your financing did NOT go thru, you have the option to unwind the deal, or sign the new contract, If you unwind the deal you are entitled to get all your funds back. The finance dept is supposed to get the deal done and they have not. Go drop off the car and get all your money back
You are getting scammed. This scam is called the YO-YO scam. Everytime they call you in, they are changing your contract so they can pocket more money. Your financing did go through. If it didn't they would have never let you drive off in the car. Its like buying something with a maxed out credit card, no one in their right mind will let you walk out of the store with a the item. DO NOT sign the contract, get your money back and give them the car back. They are trying to cheat you. You are not obligated to sign anything. whatever they tell you is a lie. Tell them to give you your money back and then go the DMV and file a formal complaint.
call ur insuurance
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