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dealership requesting resign contract new car purchase HELP

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brian_salamone

Junior Member
What is the name of your state (only U.S. law)? New York State


I went to a infiniti dealership in rochester NY and got myself into a lot of trouble. This is what happend

signed buyers agreement for 2008 infiniti g37 coupe 6mt .... traded in 2005 infiniti g35 coupe and put 7000 down, the auto dealer agreed to assist me in financing and quoted me at .9% interest at $612 a month with paying about 14000 off on my trade in ...... we went through the whole thing i gave them the downpayment and everything was good i had a job making 5000 a month and perfect credit ( i am 24 years old ) now the dealer had me sign the installment contract in the wrong place and one month later they called me and stated i needed to resign the contract .... basically from the day i drove off in that car i was regreting what i had done. they regisstered and titled the car to me and i have the title with a lein however the bank will not fund their contract due to not having a valid signed contract. i told them i am not signing the contract because my employment situation has changed and now i am making minimum wage 7.25 an hour and can not afford the vehicle . they are still requesting that i make my first payment to the dealership and that i sign the contract and obviously i am tryign to get out of the car and return it saying that i am not accepting the terms from the bank and therefore as it says on the purchase agreement i am entitled to a refund of my downpayment and my car back and if they do not have my car i am entitled to the nada value of my car subtracting the payoff ... the dealer reports they do not have my car and that they are demanding either a check for the rest of the money or for me to sign the contract ... my question is this .. do i have the right to take the car back even know i have been driving it for about 2 months now because i keep talking to people at the dealership and they keep saying they will call me back and its been over a month of dealing with this and i still have not signed the contract .. PLEASE HELP ME i can not afford this car! can i take this car back??????
 


cyjeff

Senior Member
no, you cannot.

It would be a simple thing to show to a court that you certainly intended to enter into the contract.
 

brian_salamone

Junior Member
you dont think it matters that on the purchase agreement it says if i do not accept bank terms i am entitled to a refund and my car back .... there is a reason the bank has not funded the dealers contract ... and basically as it stands for paperwork without a signed contract from the bank the purchase agreement may be canceled and is not binding .. the dealer made the mistake of registering and titling the vehicle without a valid contract .. and doesnt it matter that my income has changed ... i wonder if i can call infiniti financial services and tell them that i make 1200 a month now ... i doubt infiniti would fund them ever if they knew i couldnt pay for it .. ??? any ideas there has to be some way i can get out of this car ... i cant let this ruin my credit!! please anybody???? any ideas???? thank you for your input!!
 

Antigone*

Senior Member
You cannot unwind the deal just because there was a signature out of place and/or your situation has changed.

You will either have to sign the contract or bring them the total amount due on the contract and find your own financing.

Sorry, ana
 

cyjeff

Senior Member
you dont think it matters that on the purchase agreement it says if i do not accept bank terms i am entitled to a refund and my car back .... there is a reason the bank has not funded the dealers contract ... and basically as it stands for paperwork without a signed contract from the bank the purchase agreement may be canceled and is not binding .. the dealer made the mistake of registering and titling the vehicle without a valid contract .. and doesnt it matter that my income has changed ... i wonder if i can call infiniti financial services and tell them that i make 1200 a month now ... i doubt infiniti would fund them ever if they knew i couldnt pay for it .. ??? any ideas there has to be some way i can get out of this car ... i cant let this ruin my credit!! please anybody???? any ideas???? thank you for your input!!
You can't unscrew this deal that easy.

Any court would see what your intention was.

I think calling infinity financial is in your best interest... but don't expect them to be happy about taking back a car that has been driven for 2 months AND you walked out of the dealership 14K upside down on.

No matter how you cut it, this is not going to be good for your credit.
 

brian_salamone

Junior Member
I was not 14k upside down, i had 3,000 is positive equity ... and what happens if I do not sign the contract???? they made a mistake .. there has to be some way out of this, basically it was like i put 10k down on the car and had .9 percent financing ... and yes the dealer did request either i sign the contract or bring them a check .. and what if i call infiniti finance and they refuse to fund the deal for the dealer because I call and tell them i am unemployed or something .. what happends then?
 
I was not 14k upside down, i had 3,000 is positive equity ... and what happens if I do not sign the contract???? they made a mistake .. there has to be some way out of this, basically it was like i put 10k down on the car and had .9 percent financing ... and yes the dealer did request either i sign the contract or bring them a check .. and what if i call infiniti finance and they refuse to fund the deal for the dealer because I call and tell them i am unemployed or something .. what happends then?
Then you owe the dealer the amount you financed.
 

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