Cancel Contract, Down Payment refund

L

Lanetta Williams

New Member
Jurisdiction
Illinois
I was financed for a car through a credit agency the dealer set me up with. the dealer didn't send the title to the creditor in the allot time required by the state of Illinois, so now the creditor is canceling the agreement with me and I have to return the car to the dealership. My question is do I have to sign an new agreement with the dealership to pay them for the car or can I opt out? would this be consider a breach of contract if i chose not to? And can i get a refund for my down payment and what I paid for the title and plates that I never received.
 
The answer depends on the documents you signed. You may have signed a document that requires you to re-sign. If they allow you to opt-out you would be entitled to refund for everything you paid to them, less charges for the use of the vehicle for the time you had it, and any damage.
 
So go bring the car to them, make sure you meet with a manager, give him/her the keys. Tell them you no longer want it because you are concerned about the fact that they have been unable to transfer the title and ask for your money back. Sit back and see what they say. Make sure all of your personal belongings are out of the vehicle and arrange for a ride home. Remember they cannot force you to sign anything. If they claim breach of contract, counter with "lack of title". That is a breach on their part.
 
So now I've learned the dealership went out of business and the new dealership (that has some of the previous owners) wants me to fill out an affidavit to send to the bank (that holds the title) so they can send me the title. Then when I receive the title they want me to come in and they well talk financing.. this sounds very wrong to me. If I did this then I would own the car, it sounds backwards and not very legal. I've filed a compliant with the attorney general. Does this make any sense? And since both the finance company and the original dealership are no longer valid in the contract legally what should I do?
 
Are you still driving the car? If so and you intend to keep it then you need to work something out with financing. You cannot keep the car for free.
 
I still have the car because they're trying to get me to send in an affidavit and get the title, but that doesn't sound right to me. I don't want to keep the car I just want to make sure I do legally what I'm suppose to do in this situation.
 
Well I advised you previously to give the car back. You obviously didn't heed that advice, so I'm out.
 

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