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lastboyscout · May 14, 2009, 07:29 AM

I recently located a car online that I wanted to purchase. The seller was a new/used Dodge, Chrysler, Jeep dealership. I called to inquire about the vehicle, requested a car fax, settled on a price (all contingent upon the unit being as represented), and then discussed financing. I knew my credit score was low and some pretty major issues remained.
That said, the finance department ran my credit, and made me aware that I would have to produce a 25% down payment. I asked if a co-signer would help and was initially told, "No". I then called the company that had agreed to finance my car and found out that this was not the case. I contacted the dealership, told them I had a co-signer, and would like to do the deal with that person on-board. I was told at the close of business that the vehicle was still available, and the financing would be run first thing in the morning.
The next morning I received a call stating that the financing was approved and I could put down a deposit to hold the unit. Gave my credit card number and authorized $100 as I was on my way to the dealership and not worried about the car selling. After hearing nothing, for the rest of the morning, I called the dealership to follow up. I was told that the unit had "just sold". But they'd find me a similar one.
They told me the card had not been run, but my concern is that my co-signer's credit was run for no reason. I want the car that I agreed to.
Two questions: 1. is this bait and switch style legal? 2. Is there any way to force the dealership to produce the vehicle?

this8384 · May 14, 2009, 07:54 AM

1. This is not "bait and switch." Bait and switch is when they show you a vehicle, get you interested, then turn around and sell you something completely different.

2. No, you cannot force them to sell you the car. If you made no deposit on it, then you had no legal claim to it.

Your co-signer's credit was not "run for no reason." They were trying to finance a vehicle for you and your co-signer authorized them to check their credit report.

Just because the vehicle sold before you bought it doesn't mean anything was done wrong/illegally. Another salesperson probably had another customer who was interested in the same vehicle and they managed to close the sale before you did. Nothing illegal.

lastboyscout · May 14, 2009, 08:10 AM

Thank you 8384. Forgot a detail. This event occurred last week. Had a friend call yesterday, and he was told the vehicle was there, come on in. Thoughts?

this8384 · May 14, 2009, 08:23 AM

Sounds like the dealership doesn't have it all together. I'd be a little hestitant buying a vehicle from someone who can't even keep track of their vehicles.

Did your friend call and ask for that specific vehicle or was it a similar one? If the dealership isn't terribly far away, you could always drive over there, see if it's the same car or not.

lastboyscout · May 14, 2009, 08:33 AM

Same car. Description, stock number, and vin.

this8384 · May 14, 2009, 08:36 AM

Then I'd call the dealership, ask them why they lied to you and said they sold the vehicle if it's still on their lot.

Of course, they still haven't done anything illegal. They may just not want to finance the vehicle to you, which is their prerogative.