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Started By
Message
Legal/Dealership Question
Posted on 8/2/15 at 11:24 am
Posted on 8/2/15 at 11:24 am
Louisiana law.
Excuse the brevity, I'm posting on a phone.
I am not involved in this situation; I'm just curious what td thinks about this situation.
Customer comes into the dealership and purchases a car. The dealership mistakenly states that there are $10k rebates on the particular vehicle, and the customer leaves with the car. Before the mistake was discovered, the financing was approved by a lender. When the mistake is discovered, the dealership calls the customer to bring the car back; the customer refuses.
Now, the customer signed a bailment agreement, which states, among other things, that the sale is conditioned on the financing being approved. It also states that the sale is void and null if the dealership cannot find a company to finance the deal.
It was originally approved with the $10k rebates; with the rebates removed, the bank would not finance.
Does td think that this sale would be void and null because of the bailment agreement? Technically, financing was approved.
Or is this dealership going to have to show a unilateral vice of error in order to rescind the sale?
I am just curious about this weird situation.
Excuse the brevity, I'm posting on a phone.
I am not involved in this situation; I'm just curious what td thinks about this situation.
Customer comes into the dealership and purchases a car. The dealership mistakenly states that there are $10k rebates on the particular vehicle, and the customer leaves with the car. Before the mistake was discovered, the financing was approved by a lender. When the mistake is discovered, the dealership calls the customer to bring the car back; the customer refuses.
Now, the customer signed a bailment agreement, which states, among other things, that the sale is conditioned on the financing being approved. It also states that the sale is void and null if the dealership cannot find a company to finance the deal.
It was originally approved with the $10k rebates; with the rebates removed, the bank would not finance.
Does td think that this sale would be void and null because of the bailment agreement? Technically, financing was approved.
Or is this dealership going to have to show a unilateral vice of error in order to rescind the sale?
I am just curious about this weird situation.
This post was edited on 8/2/15 at 11:43 am
13
Posted on 8/2/15 at 11:27 am to TSLG
Here comes the lawyers....
Posted on 8/2/15 at 11:29 am to TSLG
He has to return the car.
This post was edited on 8/2/15 at 11:30 am
Posted on 8/2/15 at 11:36 am to TSLG
If I was a lawyer I'd tell my client they have every right to keep the vehicle with the rebate and we'd sue the dealership for emotional distress caused by putting my client through this mess because the dealership didn't have their shite together.
Too bad I'm not a lawyer though
Too bad I'm not a lawyer though
Posted on 8/2/15 at 11:39 am to TSLG
Not a lawyer, but when my parents bought me my first car ('97 Cavalier) we paid $11,500 and they called us a few days later explaining that we should have paid $13,000... My dad told them to pound sand and they hassled us and threatened legal action but never followed through.
Posted on 8/2/15 at 11:51 am to TSLG
Just tell them that you are in Oregon with the car, and if they want a car back with an extra 5k miles, they can have it and sell it as a used car. They're gonna lose money either way if that is the case, and ya boy can go get the same exact car at another dealership with the $10k in rebates
Posted on 8/2/15 at 12:00 pm to TSLG
It still amazes me that people think lawyers are just itching to come on Tigerdroppings and give free legal advice based on abstract, hypothetical, and utterly vague questions.
Hint: No sane lawyer is going to answer your question.
Hint: No sane lawyer is going to answer your question.
Posted on 8/2/15 at 12:01 pm to TSLG
If they signed the finance contract it's their car.
Posted on 8/2/15 at 12:09 pm to TSLG
Wait til you actually have legal action taken against you, then give in and sign the car back over to them. Just tell the judge you wanted to make sure the legal paperwork for a complex case like this was taken care of correctly in front of you. And if they threaten and harass you, but never actually take legal action, you get to hold onto your car and know you are one of the few who actually got the better of the dealership 
Posted on 8/2/15 at 12:39 pm to TSLG
Exact same thing happened to buddy of mine. Dealer tried to go back on deal and he reached out to me. I made dealership abide by original agreement.
Posted on 8/2/15 at 1:04 pm to TSLG
Financing may have been approved at time of sale, but it is still contingent on said lender to do due diligence (employment verifications, insurance, proof of income, etc). Lender can still deny loan even after approval if they see fit.
The sale is void due to lender denying loan after mistakes were discovered. If they cannot find a lender that will pick the deal up, you need to bring back the car.
I am a lender and I deal with these types of things everyday in this exact business.
Also, you can always call the lender with whom it was approved with and see if the dealer is lying. If they are then it's basically you vs the dealer.
The sale is void due to lender denying loan after mistakes were discovered. If they cannot find a lender that will pick the deal up, you need to bring back the car.
I am a lender and I deal with these types of things everyday in this exact business.
Also, you can always call the lender with whom it was approved with and see if the dealer is lying. If they are then it's basically you vs the dealer.
This post was edited on 8/2/15 at 1:07 pm
Posted on 8/2/15 at 1:10 pm to TSLG
I am not a lawyer but in my opinion if the deal is signed and the financing has gone through,the car dealership is screwed.
Posted on 8/2/15 at 1:13 pm to TSLG
Financing is not actually approved until the bank picks it up.
Tell your buddy to go to one of their competitors and I bet he can get a very similar deal.
Tell your buddy to go to one of their competitors and I bet he can get a very similar deal.
Posted on 8/2/15 at 2:02 pm to TSLG
The deal was made for a certain price between dealer and customer. The mistake that the dealership is not getting x amount of money from the factory should not fall to the customer, in my opinion. Why would the dealership assume that the customer even wants to finance an additional 10k?
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