My girlfriend bought a used car from a dealership and took it off the lot the same day. The dealership made it clear that they needed more information in order to complete the loan prior to purchasing and didn't state a time frame, but one of the documents she signed did. They made it sound like it was a done deal. They've been hard to contact and we were not able to get them the information they requested in time. The dealership's financing manager we dealt with stated the financing fell through and we needed to bring the vehicle in. After some research I found out this is sometimes a scam. She signed paperwork indicating two conflicting items.
On the retail purchase agreement she and the dealer signed and there is a "other material understandings and integrated documents" section which indicates 3 sections, a delivery confirmation, a arbitration agreement, both checked, but specifically does not check that it was a conditional (spot) delivery agreement-limited right to cancel, which was the only other option.
On the retail installment sale contract, there is specifically a section for limited right to cancel, which again is not checked and all blanks and initials are listed as N/A.
Several documents including the retail purchase agreement mention a bank as a lienholder. We were told they approved her under the condition we signed for the extended warranty. Which a phone call to the lienholder confirmed she was approved (not necessarily with the extended warranty as a reason) but they said that it wasn't booked yet. The dealership claims it was not booked because the information was not provided.
However there is also a "Spot Delivery Agreement - Third Party Financing" form which was signed by both parties which indicates everything they told us but that the other two documents specifically indicate does not apply. The agreement states at the very last sentence "This Spot Delivery Agreement is incorporated by reference into the Retail Purchase Agreement", and it is, but not indicated to apply.
Is the dealership just trying to loop us back in for renegotiated terms at a higher rate? I stated when I called that I don't think we could return the vehicle tonight as requested and they stated the repo truck was already out looking for it and they wanted me to cosign. I gave them this information via their website for pre-approval which bought another day, but are we obligated to sign anything? Legally are they allowed to repossess the vehicle? Which contract overrides the other or would they be null and void due to this discrepancy? Would we be able to walk away from this with the vehicle under the terms signed for regardless of the Spot Delivery Agreement? Or do we need to return the vehicle if we don't resign under their new co-signed contract?
On the retail purchase agreement she and the dealer signed and there is a "other material understandings and integrated documents" section which indicates 3 sections, a delivery confirmation, a arbitration agreement, both checked, but specifically does not check that it was a conditional (spot) delivery agreement-limited right to cancel, which was the only other option.
On the retail installment sale contract, there is specifically a section for limited right to cancel, which again is not checked and all blanks and initials are listed as N/A.
Several documents including the retail purchase agreement mention a bank as a lienholder. We were told they approved her under the condition we signed for the extended warranty. Which a phone call to the lienholder confirmed she was approved (not necessarily with the extended warranty as a reason) but they said that it wasn't booked yet. The dealership claims it was not booked because the information was not provided.
However there is also a "Spot Delivery Agreement - Third Party Financing" form which was signed by both parties which indicates everything they told us but that the other two documents specifically indicate does not apply. The agreement states at the very last sentence "This Spot Delivery Agreement is incorporated by reference into the Retail Purchase Agreement", and it is, but not indicated to apply.
Is the dealership just trying to loop us back in for renegotiated terms at a higher rate? I stated when I called that I don't think we could return the vehicle tonight as requested and they stated the repo truck was already out looking for it and they wanted me to cosign. I gave them this information via their website for pre-approval which bought another day, but are we obligated to sign anything? Legally are they allowed to repossess the vehicle? Which contract overrides the other or would they be null and void due to this discrepancy? Would we be able to walk away from this with the vehicle under the terms signed for regardless of the Spot Delivery Agreement? Or do we need to return the vehicle if we don't resign under their new co-signed contract?
