|
|
Joined: Aug 2004
Posts: 5,882
Addicted CEG\'er
|
Addicted CEG\'er
Joined: Aug 2004
Posts: 5,882 |
Originally posted by my csvt: working under the assupmtion that everything you have said thus far is entirely accurate it sounds like they have commited fraud. the problem is going to be proving this. they will have witnesses and you have none.
even if you dont have any witnesses, somebody lied (ie committed fraud). a contract which contains fraudulent material information is unenforceable (not null and void). dealerships are well known for doing shady things to get people into cars that day. the most popular one is where you get a phone call two weeks later saying that you were not approved for the interest rate the deal was made on, so youll have to pay $XX more per month. (that's an easy one if they happened to do this to you). Wells Fargo should not have approved a LOAN based on the word of a salesman. they ALWAYS run a credit check before approving a loan. they would see that you dont make the requisite income to afford the vehicle. a bank like Wells isnt exactly desperate to give out car loans, in fact, theyre usually tight-assed about them.
this is a contract case, not a civil case. although you could maybe sue for fraud. what you really want here is to be dismissed from this sales contract which is a contract case. you need to contact your state's Bar Association. they will give you a list of attorneys who will handle your case for free or on consignment. this should be an easy case for you. even if they have 100 people that say THEY didnt change the income somebody obviously did and they have a duty to check this information before engaging into a contract with a customer.
DO NOT drive the car! this could be evidence of your intent to keep it. you want to make it clear that you had no intent to buy this car and that you cannot afford it. do not attempt to sell it. especially to take a loss on it. f*ck the daily charge bs. youre not responsible for that as theyre the ones responsible for this mess. if they send you a bill (monthly payment), you may want to pay it so as not to f*ck up your credit. you can always recoup this money in court.
you need to contact a lawyer asap. like i said, call the state bar's office for a recommendation. you can also check your local phone book for an attorney who specializes in contracts cases. just call. most offer free consultations and will tell you over the phone if they do. you probably have a case to sue for the contract AND in civil court for the fraud. any attorney you consult will be able to tell you this. i can easily see punitive damages to the dealership for their conduct, which is pure gravy to civil attorneys. oh yes, if an attorney takes the case, he/she will probably send out letters immediately and file some kind of motion for all parties to cease and desist until the case goes to trial (or is settled). if the bank/lender decides to go ahead and put a negative mark on your credit anyways, well you can sue them too. 
i have had TWO dealerships try to pull bs on me and to a few friends of mine and each time i have been able to come out smelling like a rose (friends too). just dont let them bully you. that's what theyre banking on.
did you even sign the contract yet?? it sounds like you just filled out a credit application/promissory note to which they then attempt to find you a lender. if this is the case, hell, you havent signed anything yet will legally bind you because it was all based on faulty information that was material to the contracts formation.
ps youre not by ANY CHANCE under age 18 are you???
psx2 is this a manufacturer's dealership?? ie, Ford dealership? if so, contact the manufacturer and let them know what the dealership is up to. they certainly wont like that. call and speak to the general manager of the dealership. feel free to let him know of your plans. if possible, find out who owns the dealership. the owner definitely wont be happy to know that his employees are doing sh*t like this. its bad publicity.
typically, in every town, car dealerships are all part of an automotive "chamber of commerce" type group. they might be of some help as well. you need to start making some waves on your end. if people start calling the general manager to inquire about this, he may just sqash it before you know what hit you.
Originally posted by Tourgasm:
Sometimes you can mess up a word so bad that spell check doens't know what the hell you're talking about.
|
|
|
|
|
|