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The financing promised did not go thru because my bank said the price was far over the value. I asked to cancel the deal. I asked my banker for help. Dealer said I have to buy with different bank loan. I am in Mobile state. My banker can confirm I tried to get out of the deal. I'm a single mother with financial hardship due to this. Was this legal? Do I have any rights?
The financing promised did not go thru because my bank said the price was far over the value. I asked to cancel the deal. I asked my banker for help talking to the dealer about cancelling this purchase. Dealer said I had to purchase the car with the new loan he found for me. I am in Mobile state. My banker can confirm I tried to get out of the deal within 72 hours. This happened in Aug 2008, 10 months ago. A friend told me it was illegal for the dealer to tell me I could not back out of the deal. I'm a single mother with financial hardship due to this. Was this legal? Do I have any rights?
The financing did not go through so you never completed the sale. That contract is void. BUT ... if the new deal with a different bank is at the exact same figures as the one that did not get approved, the dealer has every right to shop it around until its funded. And you are on the hook to buy the car since you signed the contract. Now ... if ANYTHING changes, the APR, the down payment, your monthly payment or the selling price, a NEW contract has to be printed. Even if the monthly payment or the selling price is different by 1 cent, a new contract must be printed. And you are NOT legally bound to sign it. The dealer can try to scare you into it but don't fall for it. Let him know you're aware of the federal law which states that a contract can only be altered/changed with the agreement of the seller and the buyer. And as the buyer, you do not agree to the new terms or contract. So it's no deal. And if you have the car, return it to him without any penalties. BTW --- your banker is wrong. There is NO grace period when buying a car. That is a common fallacy that too many people believe is true.
If you went through closing of the contract (transfer of registration, vehicle license etc) and drove the car home, and are now making payments and are the registered owner, then the deal is done and its your car. (since this happened in August 2008). at this time i would say you have no recourse against this dealership. was it legal, it depends on some factors. if the sale was subject to you getting your own loan from your bank, and you left the car at the dealers until your bank loan was approved, then when the loan was not approved the deal should have been canceled. however if getting a loan from your bank was just an option, with an option for the dealership to finance you if you couldn't get your own loan, then you were stuck with the contract to buy the car. i imagine the dealers loan was a high interest loan, suggest that you contact a credit union to see if they will refinance you at a lower rate. as far as your rights, you would have to establish that the dealership did something against the law, like rolling back the mileage on your vehicle. i agree that this was a case of poor business practices, but at this time there is little that you can do about it.
If you can't get financed, there is no deal. If you do get financed, there is no statutory period in which you can return a car to the dealer. Doesn't matter if it was within 72 hours or 72 minutes. Car sales are final and a car cannot be returned and the deal canceled.
You want out of a deal from 10 months ago ?? Are you KIDDING ? You dont have 72 hours to return a new car. It would be a used car then. You may have 72 hours to get out a timeshare or something, not a car purchase. Besides, this is 10 months later.
In almost all states, you have 3 days to back out (verify this) it was unethical of the dealer to force you into a car you couldn't afford. ---------- LOL. The OP had every right to walk away (smart buyers have budgets and know their limits) and there is no such policy in ANY state. So says the Federal Trade Commission. Booyah.
You don't have to buy anything and they can't do nothing to force you into it. as long as you did not take that car off the lot. to use personally you have never bought anything. and he is telling you that because he is getting desperate for you to buy a car. and is trying to give you anything he can for you to say YES. Don't worry about it. forget about him. He can't do nothing unless you signed a paper stating you are going buy it.
In almost all states, you have 3 days to back out (verify this) it was unethical of the dealer to force you into a car you couldn't afford. call a lawyer (legal clinic?) and I do not think the dealer can force you to use a loan company they pick, if your bank is saying he's charging more than the car is worth. did your banker say you had 3 days? and my dear, why have you waited so long? I'm not putting you down, but have you been able to make payments up to now and it's just become too expensive? this is a situation that should always be addressed right away, and aggressively!