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Auto loan contract

I went to the dealership and got a new truck. Went through financing and did all paper work. They said I was approved and just needed my proof of income and to bring it back next day and they would give me my copy of contract. When I take it back the finance guy said its good and that he was busy could he drop contract in the mail later. Nine days later when I still didn't get it I called and they said it fell through. I took truck back, gave them a mouth full and gave them the keys. Next day different guy calls and says he got loan approved by another bank to come get my truck. I told him I didn't want it and he said its mine to come get it or he was going to have it delivered. When I go to dealership they give me a copy of contract where they have scratched out name of first bank and wrote in pen the name of new bank. Is this legal or does this void the contract?

Its legal as long as you and the bank rep sign the contract and initial the change.

Quote:

Originally Posted by mannb704

I told him I didn't want it and he said its mine to come get it or he was going to have it delivered. When I go to dealership they give me a copy of contract where they have scratched out name of first bank and wrote in pen the name of new bank. Is this legal or does this void the contract?

Hello mannb:

If you're trying to get out of the contract, they gave you the perfect opportunity. Instead of going to the dealership after the guy yelled at you on the phone, you should have headed to your attorney's office.

Since you TOOK delivery a second time, the contract is legal.

excon

Quote:

Originally Posted by excon

Hello mannb:

If you're trying to get out of the contract, they gave you the perfect opportunity. Instead of going to the dealership after the guy yelled at you on the phone, you should have headed to your attorney's office.

Since you TOOK delivery a second time, the contract is legal.

excon

I didn't take delivery of the truck. I went there to get my copy of contract and they tried to get me to take the vehicle but I didn't. I left dealership with contract to show attorney.

Quote:

Originally Posted by mannb704

I left dealership with contract to show attorney.

Hello again, m:

Cool. And, the attorney said what?

excon

Quote:

Originally Posted by excon

Hello again, m:

Cool. And, the attorney said what?

excon

I have to meet with him Monday. Just want to see what everyone here thought about it and if anyone had any experience with this. Do u think I have a good chance of getting out of this? Thanks for the input!

Hello again, m:

In my view, the contract was cancelled when THEY took delivery from you. As you can see, I'm hung up on who delivers what to whom.

My bet is the contract has verbiage saying that you took delivery, so it appears that when they took it back, they cancelled it themselves. I don't believe they can RE enliven the contract after the fact, unilaterally, which is what they did.

excon

Once they did not go though with the original offer and it was not accepted they voided it.

By offering you another contract it was a new one

Quote:

Originally Posted by excon

Hello again, m:

In my view, the contract was cancelled when THEY took delivery from you. As you can see, I'm hung up on who delivers what to whom.

My bet is the contract has verbiage saying that you took delivery, so it appears that when they took it back, they cancelled it themselves. I don't believe they can RE enliven the contract after the fact, unilaterally, which is what they did.

excon

Thanks
To be more specific I took the truck back to the dealership yesterday. I went in and talked to the assistant gm and he said he was sorry it didn't work out with the finance company. He took delivery of the truck, came outside and looked it over and said everything looks good. He then called me back later that afternoon and said he was sorry and could he try a different finance company. I told him no that I didn't want to do business with them because of their dishonesty and he said he would locate my trade in. Then a different guy called this morning saying that they have a right to change banks and it doesn't matter what was on the contract and that I don't have to sign anything and I told him he was crazy. That's when I went to the dealership to get contract and they tried to get me to take truck but I didn't. They didn't try to give me a new contract but scratched out the name on the contract and wrote another name in pen. From what I thought I new about contracts any changes like that have to be agreed on by both parties.

Quote:

Originally Posted by Fr_Chuck

Once they did not go though with the orginal offer and it was not accepted they voided it.

By offering you another contract it was a new one

They didn't offer me a new contract. They said the old one was still binding even though they scratched off one banks name and wrote another. Thanks

I still think this is a close one. You signed a contract to purchase a car with financing provided by the dealer. I don't think you cared who provided the financing. Just the terms of the loan. So switching lenders does not, materially affect the terms of the contract. Now if they changed the terms it's a slam dunk. But if all they changed was the lender, I think you may have to honor the contract.

Quote:

Originally Posted by ScottGem

But if all they changed was the lender, I think you may have to honor the contract.

Hello Scott:

I would agree if that's all they did. But, they did more. They demanded their truck back and got it. They're apparently still looking for his trade in. Looks to me like he's got a lawsuit against them.

It IS a tossup, though.

excon