do I still pay the monthly car payments if

[Bluewaver]

So I bought a car through a dealership and they breached the contract by resubmitting my contract after it was declined against my wish. The contract was contingent upon the financial service, which had declined me the first time, but accepted a second time after they "worked some magic". I have just submitted a complaint to the attorney general in Arizona. I am also working on filing a law suit against them. But my question is: Do I still need to pay the monthly car payment? I still have the car in my garage, but I am not using it because I want them to return my down payment and take the car back.

 

[army judge]

So I bought a car through a dealership and they breached the contract by resubmitting my contract after it was declined against my wish. The contract was contingent upon the financial service, which had declined me the first time, but accepted a second time after they "worked some magic". I have just submitted a complaint to the attorney general in Arizona. I am also working on filing a law suit against them. But my question is: Do I still need to pay the monthly car payment? I still have the car in my garage, but I am not using it because I want them to return my down payment and take the car back.

You took delivery of the car. You signed a finance contract. The lender approved you. The car is in your possession. You've created a mess for yourself. Legally, you're bound to pay, or end up defaulted.

I don't understand how you can declare the dealer in breach. The dealer isn't a party to your loan contract.

 

[Bluewaver]

You took delivery of the car. You signed a finance contract. The lender approved you. The car is in your possession. You've created a mess for yourself. Legally, you're bound to pay, or end up defaulted.

I don't understand how you can declare the dealer in breach. The dealer isn't a party to your loan contract.

The dealer is in breach because on one of the other documents I signed it says I have 48 hours after financial rejects my submission to decline or approve my documentation to be submitted for approval again. I declined but the dealer submitted it against my will. But before that they had told me I was approved and gave me to the keys to the car and everything, but then they ended up calling me a few days later saying that financial declined my offer. That's when I decided to return the car because basically it wasn't mine because of the refusal but they declined taking the car back and resubmitted my offer. Sorry for not explaining better.

 

[army judge]

The dealer is in breach because on one of the other documents I signed it says I have 48 hours after financial rejects my submission to decline or approve my documentation to be submitted for approval again. I declined but the dealer submitted it against my will. But before that they had told me I was approved and gave me to the keys to the car and everything, but then they ended up calling me a few days later saying that financial declined my offer. That's when I decided to return the car because basically it wasn't mine because of the refusal but they declined taking the car back and resubmitted my offer. Sorry for not explaining better.

If you believe a contract was breached, you sue the other party whom you allege caused the breach.

Your remedy, if there is one, awaits you in an Arizona court room.
Its not a breach because YOU alone declare it a breach.
Only a judge, after a trial on the merits has been held, can declare the contract breached.
But, before you think that'll be easy, read your contract.
The contract more than likely has gotten you to waive your legal remedy in court, and requires you to seek redress in mediation or arbitration.
While, the lender retains its rights to sue you for non-payment in court.

You might start dsicussions with the lender, and see what the lender says.
You could also try speaking with the dealer general manager or owner.

Good luck.

 

[txls]

The fact the car is in your possession is going to be a problem for you. Without seeing everything you signed it's hard to say, but regardless of whether you had the right to refuse resubmission or not, nothing gives you the right to keep the car and not make payments.