QUESTION
How can I get my belongings from Nissan who refuses to do so after no banks approved car loan?
Asked on Jan 02nd, 2013 on Consumer Fraud - Nevada
More details to this question:
Just because I did not make time out of my day to go to a credit union to open an account, sign some papers, and show my ID for the car loan after none of the eight banks that the dealer previously applied me for approved me, the dealer now refuses to return to me my trade in, down payment, license plates, and other personal belongings. Their excuse is that since I did not comply with the banks requirements to go in, they will keep my money for having to "repo" their vehicle since no car loan was approved. What do I do to get my things back?
1 ANSWER
R. Christopher Reade
The dealer has 15 days to get you financed in accordance with the terms of the Contract. If the dealer cannot get you financed in accordance with the Contract within 15 days, the Dealer has the option to rescind the Agreement and to return to you all consideration paid, including the return of the vehicle in trade. The dealer has no right to "reconstruct" or change the terms of the contract or make you agree to different terms than you previously agreed. Therefore if the Lender did not approve you on the same terms as agreed, the Dealer is to return the trade-in.
It is deceptive trade practices in the State of Nevada for a dealer to enter into a contract for the sale of a vehicle on credit with a customer, exercise a valid option to cancel the vehicle sale (including inability to finance) and then, after the customer returns the vehicle with no damage other than reasonable wear and tear, the seller: (1) Fails to return any down payment or return a vehicle accepted in trade; (2) misleads the customer that the customer must sign a different contract for sale; (3) fails to make proper disclosures. See also NRS 598.092.
Answered on Jan 02nd, 2013 at 3:37 PM