Dealer wants car returned.

[Whatalittlelady]

Jurisdiction

New Jersey

Any advice is needed while I wait to speak to an attorney in the morning.

My husband and I purchased a vehicle on 5/16/2017 in Hackettstown, NJ. We provided paycheck Stubbs, proof of residence and everything the lender required. We signed with a certain lender, showing our rate, APR, all that on the contract, even showing the date of the first payment. We were given temporary plates and went on our way. Fast forward 23 days, since then my husband has accepted a new job out of state and we moved. I emailed the dealership letting them know we still haven't received our license plates and they said they would look into it. Two days later I get an email saying the finance company needed my husbands new employment info and paycheck stub from new job. No problem, we send it over. A few more days goes by and the finance manager says he needs proof of residence at our new location to send to the bank. No problem!

We're now at 33 days since the purchase and today somebody from finance called my husband to say the lender wouldn't finance us and we needed to pay to ship the car back to New Jersey (we're in California now). We've never received anything in writing from the dealership, our contract says the dealership had 30 days to secure the loan, and the dealership says they will use our down payment of $2,000 to cover the cost of shipping the vehicle. Is any of this legal?!!! Couldn't they just have told us last week when we spoke that the bank wouldn't approve the loan? Instead of asking us to send more stuff?!

 

[mightymoose]

Do you really want to keep the car? You could let it go and get a new one.

If you do want to keep it try to secure financing by other means. Check with your bank or other popular sources such as Capital One. Shop around. If you can't get the financing then you need to return the car. Either ship it back or drive it back.

 

[Whatalittlelady]

Do you really want to keep the car? You could let it go and get a new one.

If you do want to keep it try to secure financing by other means. Check with your bank or other popular sources such as Capital One. Shop around. If you can't get the financing then you need to return the car. Either ship it back or drive it back.

It's a four day drive and shipping it is almost $2000. My question was is what they're doing legal? Its over 30 days, nothing has been put in writing from them asking for return and I signed a contract stating that the dealership is required to return the down payment if financing is not secured within 30 days. So they're asking to use my down payment to ship the car back to them out of their own terms and conditions that my husband and I signed.

 

[army judge]

It's a four day drive and shipping it is almost $2000. My question was is what they're doing legal? Its over 30 days, nothing has been put in writing from them asking for return and I signed a contract stating that the dealership is required to return the down payment if financing is not secured within 30 days. So they're asking to use my down payment to ship the car back to them out of their own terms and conditions that my husband and I signed.

I suggest you wait until you meet with a CA licensed attorney in the morning.

Make sure you take all of the documents you received during the previous transaction.

Whatever anyone says without reading each piece of paper you possess would simply be speculation.

You'll know everything there is to know within the next 12-18 hours.

Please, whatever you do, ask the attorney you retain to represent you for a written legal opinion.

You're going to require that and more.

Good luck.