Auto Retail Purchase Agreement problems and lies

Danlex

Danlex

New Member
Jurisdiction
Texas
Hello, I hope someone can help me,

The history, Leased a car 3 years ago, las Friday 28 went to my ford dealer at night and asked to buy the car because I kind of liked, well, after a lot of "you do not have enough credit etc" magically they helped me to get a pretty bad deal of 12% with TD auto finance,
(I may say I do not speak or read fluent english as a lot of people here in the border , I live in El Paso)

well, Veronica, the girl at finances, told me she will "help me", (she speak spanish like me)
typing in the loan application I earn more money that I do what is not the problem, the problem start when she made me sign the contract and forms and stat is not a problem she "accidentally" typed 22,000 miles in the contracts instead the 37,000 the car actually have in the odometer, not a problem is my car I plan to keep it I thought,

well Not sure why she did this, suppose to be approved too, at the end I finished with this contract for the car buy with some irregularities, also signed an odometer discloure statment with the same 22,000 miles istead the real 37000 and they took the old plates and told me they will help to get the new ones under my name, All this heppen in a really rush because were almost 9:00 PM in the dealer (ford) building,

Well, next day I notice with help of my family (as english is not my first language) and we found the change in the oddometer disclosure and maybe even the false money I suppose to make every month (she typed in the credit loan solicitation) may be a kind of legal problem

we went back in te very early morning (saturday) to ask veronica to cancel the loan application and correct the mistakes, of course she denied, and told me application was sent electronically and was approved and can't be cancelled. (all in the night of the friday almost saturday)

well after a bad moment waited until Monday and called to TD auto finance who was the bank that "approved the credit" and told them the situation trying to stop them to approve me the credit

they told me account was not yet created in my name so I suppose it take time and not in weekends also no credit application was found yet so the dealer girl may lied about the credit approval

---
My question is, do I have a case to cancel the sale ? or, it will end with problems for me for the difference in the oddommeter at the moment of the car registration they will do in my name or in the future ?

Is a bad idea to explain all this in a letter to TD (the bank) as suggested by one representative in order to try to make them deny me the credit so the dealer must request me to return the car as I prefer to do and cancel the contract ?? or it may end in more problems ?

Please let me know, And thank you in advance for the time to read all this, sorry if is not so much clear had a hard time to type in english as I am not so good.

thank you!

DanielA
 
Danlex said:
Is a bad idea to explain all this in a letter to TD (the bank) as suggested by one representative in order to try to make them deny me the credit so the dealer must request me to return the car as I prefer to do and cancel the contract ?? or it may end in more problems ?
Click to expand...

This might be your easiest solution.

However, the dealer will try to talk you into NOT doing what teh bank suggested, and most likely will not make it easy for you to return the car and terminate your legal obligation.

If you reside in Mexico, there may be options available to you in that country that don't exist in the USA.

What often happens in some of these deals, the dealer will try endlessly to get financing for you.

After about 30 to 40 days, IF financing has NOT been obtained, the dealer will ask you to return the car.

The dirty little secret, you'll be charged EXTRA money for the extra month beyond the normal lease end date, and you'll also be charge for excess mileage over and above the usual 36,000 miles.

I suspect that is why the salesperson put 22,000 miles on the odometer knowing it was 37,000.

It gets even dirtier.

If that is their evil plan, amigo, you'll get stuck with a turn in bill of about $3,500 to $4,000, plus what you've already paid for the last three years!!!

If I were you, I'd work with TD Bank, but the dealer is still going to try and spin you, so be prepared to be polite but firm when you return the car and say, "NO THANKS."
 
The dealers actions, as you describe, amount to fraud. You might report this to law enforcement and

Unfortunately, when you signed the documents you indicated that the information within was true. You should never sign a document you don't understand or are unable to read yourself. Bring someone you trust with you if necessary.

I would bet it is unlikely at this point that you will get to keep the vehicle. Expect to pay for the additional time you have the car if you end up returning it.
 
Thank you for your answer and ideas!

I reside in El Paso TX, the good thing is I was allowed 45,000 miles in the original 3 year lease + 2000 more because extended leasing 2 months more, so total allowed in my lease was about 47000 miles (very good right ?) in that case 37000 I guess will not affect even when salesperson typed 22,000 anyway right ?

also I have papers for every service the car had and show the miles in that moment, once service was just 4 days before go to de dealer to buy the car, I guess I will try to work with TD Bank to try to have the credit denied, not sure but I guess is best not to mention about the wrong amount of money this person put in the credit application right ?

I guess I will have a hard time to do all this but I want to know what to expect if I send that letter to say credit aplication was wrong, because in the first time was told to go to the dealer but the other person suggested me to send the letter explaining all irregular things.

thank you!
 
YES you want to talk A LOT about the incorrect income and incorrect mileage in the documents. Those are the best way to get the whole thing rejected- it is fraudulent! Make a big deal about it!
If you are asked why you signed you explain your language difficulty and that you didn't understand. You only did what you were asked to do.
 
Just went to the dealer, the manager was worried about the issue with the millage and said he do not understand why she did that (she was not in the building) they suggested me to just accept to correct the mistake in the miles , they said is not important and not a problem to fix it, they want me to get back tomorrow so the finance manager can explain and correct but at the end the employes made the manager (who is the only person in the dealer who do not speak spanish) to think nothing is wrong and I just want to get rid of the car as expresed before and they do not have anything to do with the car because bank (TD auto) approved and they said now the bank owns the car until I paid because all the credit application was approved electronically .

I just talk with TD Auto (the bank) again today and they insist they do not have the credit application yet that made me think was a kind of pre-approval only, but dealer said is solid approved and bank paid for the car,

Not sure what to do, I have ready a letter to send to TD Auto to let them know about all the situation trying to have the credit rejected (readed in other blogs some people is rejected after take the car to home, and had to return the car, what will be fine to me) but not sure if at the end get the credit rejected can carry more problems to me

Other lawyer thru facebook suggested me to contact the police too because mistake in the miles of the car sound bad to him too.

I am really confused about what to do, or just leave it as is...
 
I warned you.

I tried to get you to understand that they'll scam you, keep pressuring you until you surrender.

Don't accept their lies.

Don't keep that car.

Get a translator to go with you who'll let them know you have trouble with English.

Churches, social groups, look around for official translators, or hire one.

Don't get weak, or you'll get bamboozled.
 
The issue of the income is still a problem too.
If they offer you corrected documents DO NOT sign them.
Make sure the bank knows you believe fraud occurred and you DO NOT want the loan. See if they will send you a letter to confirm the credit was denied.
Take A COPY of that letter to the dealer and return the car.
 
Thank you very much to all for your help, do you think the thing with the wrong miles is enough to go to the lawyer? I mean to avoid to talk about the wrong income in the credit application ? what if they say i told them that, I signed and I will be the one who lied right? just to be sure,
anyway is pretty weird intentionally the finance girl made me sign the contract with 22000 miles instead 37000 , not sure if that is enough to go to the county attorney and Deceptive Business Practice Unit ( epcounty.com - County Attorney - Deceptive Unit ) as other recommended. I do not know if I can pay a lawyer or a suit costs
 
Danlex said:
Hello, I hope someone can help me,

The history, Leased a car 3 years ago, las Friday 28 went to my ford dealer at night and asked to buy the car because I kind of liked, well, after a lot of "you do not have enough credit etc" magically they helped me to get a pretty bad deal of 12% with TD auto finance,
(I may say I do not speak or read fluent english as a lot of people here in the border , I live in El Paso)

well, Veronica, the girl at finances, told me she will "help me", (she speak spanish like me)
typing in the loan application I earn more money that I do what is not the problem, the problem start when she made me sign the contract and forms and stat is not a problem she "accidentally" typed 22,000 miles in the contracts instead the 37,000 the car actually have in the odometer, not a problem is my car I plan to keep it I thought,

well Not sure why she did this, suppose to be approved too, at the end I finished with this contract for the car buy with some irregularities, also signed an odometer discloure statment with the same 22,000 miles istead the real 37000 and they took the old plates and told me they will help to get the new ones under my name, All this heppen in a really rush because were almost 9:00 PM in the dealer (ford) building,

Well, next day I notice with help of my family (as english is not my first language) and we found the change in the oddometer disclosure and maybe even the false money I suppose to make every month (she typed in the credit loan solicitation) may be a kind of legal problem

we went back in te very early morning (saturday) to ask veronica to cancel the loan application and correct the mistakes, of course she denied, and told me application was sent electronically and was approved and can't be cancelled. (all in the night of the friday almost saturday)

well after a bad moment waited until Monday and called to TD auto finance who was the bank that "approved the credit" and told them the situation trying to stop them to approve me the credit

they told me account was not yet created in my name so I suppose it take time and not in weekends also no credit application was found yet so the dealer girl may lied about the credit approval

---
My question is, do I have a case to cancel the sale ? or, it will end with problems for me for the difference in the oddommeter at the moment of the car registration they will do in my name or in the future ?

Is a bad idea to explain all this in a letter to TD (the bank) as suggested by one representative in order to try to make them deny me the credit so the dealer must request me to return the car as I prefer to do and cancel the contract ?? or it may end in more problems ?

Please let me know, And thank you in advance for the time to read all this, sorry if is not so much clear had a hard time to type in english as I am not so good.

thank you!

DanielA
Click to expand...

They have falsified your Auto Retail Installment Contract. This is not only unlawful and is consumer fraud but it violates an agreement between the dealership and the lender not to falsify installment loan contract information. If caught more than likely that lender will no longer loan funds on that dealers contracts.

Also falsifying the true miles on paper work on the car is a federal offense. Make copies of all the paper work that you signed-off on then call the the F&I lady that handled your deal and insist that they correct the info that was input on your contract to the lender.

If they refuse then you need to contact me because my specialty is Dealer Fraud.

Good luck,
Harry
 
I answer them all as I see them. Weather they are four minutes old or four months some consumer out there in the same predicament can use my expertise in the auto dealer fraud area.

Clueless?

-Harry
 

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