QUESTION
Can they come take a car from you after all papers are signed and it’s delivered after a week?
Asked on Oct 22nd, 2012 on Criminal Law - Florida
More details to this question:
We purchased a vehicle was told all was a go, gave a deposit in cash got all the insurance needed signed all the contracts and finance papers set up the auto payments and 6 days later the selling company showed up at work with no notice and said he had to take the truck back because the financing didn’t go right. Is this legal and what do we do, I put new tires on the truck and spent money to have it put on my insurance policy along with it having a full tank of gas when he took it?
12 ANSWERS
Leonard A. Kaanta
Maybe.
Answered on May 21st, 2013 at 1:55 AM
Michael J. Breczinski
I would sue them for the price of the tires, gas, and insurance. You should get money back from the insurance lees a fee. The fee is what you sue them for.
Answered on Oct 25th, 2012 at 4:46 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Consult with a local attorney about this. There might be unfair and deceptive trade practices here.
Answered on Oct 24th, 2012 at 10:24 PM
Answer: What you describe doesn't sound right. A contract was probably signed. So.... a lawyer will need to read the contract. Take the contract along with all the paperwork to a lawyer.
Answered on Oct 24th, 2012 at 12:16 AM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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The standard vehicle purchase contract in CA gives the seller 10 days to cancel the contract if the contract cannot be assigned by the dealership to a finance company. Normally, they send a letter asking you to return the car, at which time they are to return your down payment, your trade in, and anything else you gave them. I have not heard of dealers essentially repossessing the car (as opposed to sending a letter, which is the standard practice) when they are unable to assign a contract. I would call the dealership to discuss the situation. They may be able to get you financed another way. At a minimum, they owe you your down payment back.
Answered on Oct 24th, 2012 at 12:15 AM
Ronald A. Steinberg
Yes, because the sale did not complete. You may be entitled to reimbursement for your expenditures.
Answered on Oct 24th, 2012 at 12:14 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on what the contract says. Very likely, if you want to keep the truck, you will have to come up with the sales price since the financing fell through.
Answered on Oct 24th, 2012 at 12:14 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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When you signed the papers you probably signed an authorization which said in effect that if the financing does not go thru you have to surrender the vehicle. read your papers and you will likely see. How could it be otherwise? if you cant pay for the vehicle it goes back. What is hard to understand about that?
Answered on Oct 24th, 2012 at 12:05 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I would need to review the documentation to answer. Hire an attorney
Answered on Oct 24th, 2012 at 12:04 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There's probably a clause hidden somewhere that says this whole thing is conditional and that if the financing falls through, the sale is void and you have to give the truck back. Just a guess on my part, but that's what it sounds like. It's getting to be more and more common.
Answered on Oct 24th, 2012 at 12:01 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Sounds like a conditional sale. You need to get the financing. Anyone can get a car loan so wassup with your credit and didn't you know? Call the dealership and tell them you will sue them in small claims court if they don't pay for the tires.
Answered on Oct 23rd, 2012 at 11:59 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the title was transferred to you, then it's your vehicle. I'm kind of the vindictive sort so I'd probably call up and report it as stolen. What you should do is hire an attorney to have a court order them to return it to you.
Answered on Oct 23rd, 2012 at 11:59 PM