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If a car dealership messed up your financing, you're not alone. According to the article, the Consumer Financial Protection Bureau (CFPB) receives over 10,000 complaints about car dealerships every year.
The CFPB reports that the most common issues with car dealership financing are related to hidden fees, false advertising, and unfair lending practices. This can lead to consumers being charged thousands of dollars more than they expected.
A study by the CFPB found that nearly 1 in 5 car buyers are unaware of the total cost of their financing, including fees and interest rates. This lack of transparency can be a major problem for consumers who are not prepared to deal with the added costs.
If you're facing a financing issue with a car dealership, it's essential to know your rights and options. The article explains that consumers have the right to cancel a contract within 3 days of signing, and to dispute any errors or inaccuracies in the contract.
What to Do
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If your dealer conditions the car sale before securing financing, they can't trick you into thinking the sale is finalized before financing is approved. You have rights, and it's essential to know them to avoid getting taken advantage of.
Here are some things your dealer can't do if they condition the car sale before securing financing:
- They can't tell you the sale is finalized or completed before financing is approved.
- They can't refuse to revoke all agreements if financing isn't completed within 20 days from you driving the vehicle off the lot.
- They can't fail to give back your down payment or trade-in vehicle.
- They can't sell or get rid of your trade-in vehicle before financing is finalized and the sale is completed.
- They can't threaten to repossess the vehicle.
If you're in a situation like this, your best course of action is to politely but firmly ask your dealer to revoke all agreements and return your down payment or trade-in vehicle.
Talk to Management
Talking to dealership management can be a game-changer in resolving issues. In my 42 years in the car business, I've seen that appealing to them to "do the right thing" can work wonders.
Don't threaten or yell at the GM, as this tactic rarely pays off. Car people are real people, just like you and me, with families and friends, and they can be swayed to help people in need.
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Approach them as a human being and appeal to them on a human level. You might say something like, "Rarely in life can we make a wrong right, but now is one of those opportunities." If you were genuinely scammed by a dealer, this tactic should work.
Be prepared to explain the issue and provide a fair solution. Come prepared with what you think would be a fair resolution to the problem. This shows the GM good faith and encourages the necessary conversation.
My experience has shown that this approach usually leads to a reasonable resolution. I'm more inclined to help a friendly person solve a problem than a screaming, threatening person.
Understanding Your Rights
If your dealer conditions the car sale before securing financing, you have rights that protect you from unfair practices. You can't be misled into thinking the sale is finalized before financing is approved.
Dealers can't tell you the sale is finalized before financing is approved, and they can't refuse to revoke all agreements if financing isn't completed within 20 days. This is a crucial window of time, and it's essential to understand the dealer's responsibilities during this period.
If the dealer fails to secure financing, they can't sell or get rid of your trade-in vehicle without your permission. They also can't threaten to repossess the vehicle, which is a serious breach of trust.
Here are the specific rights you have in this situation:
- Tell you either in writing or verbally that the sale has been finalized or completed before financing has been approved by a lender.
- Refuse to revoke all agreements if the financing isn’t completed within 20 days from you driving the vehicle off the lot.
- Fail to give back your down payment or trade-in vehicle.
- Sell or get rid of your trade in-vehicle before financing is finalized and the sale completed.
- Threaten to repossess the vehicle.
Understanding the Issue
Car dealerships mess up financing more often than you'd think, and it's not always your fault. Dealers may send you home with a car before securing final financing approval, a practice known as spot delivery.
This can lead to yo-yo financing schemes, where the dealer claims financing fell through and tries to renegotiate the deal with less favorable terms. It's a scam designed to squeeze extra profit from unsuspecting customers.
In some cases, dealers may finance a car loan through the dealership itself, only to claim financing didn't go through when the proceeds don't meet their expectations. Or, they may have pre-approved your loan but denied it after reviewing your financial situation.
Here are some common tactics dealers use to take advantage of customers:
- The dealer refuses to return your trade-in vehicle.
- The dealer refuses to refund your down payment if you're unwilling to renegotiate a deal.
- The dealer may charge additional fees for using the car.
Why Financing Fell Through?
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Spot deliveries or yo-yo schemes are common at smaller used car dealerships, and even bigger ones can't be ruled out. These scams often happen when dealerships don't secure final financing approval before the vehicle sale is negotiated.
Dealerships may finance a car loan through the dealership itself with the intention of later selling it to a financial institution. This can lead to issues when the proceeds of the deal don't meet expectations.
Your dealer may have pre-approved your auto loan and then denied financing once a bank scrutinized your financial situation. This can happen even if you have a good credit score.
The dealer might have tried to swindle you by changing the financing after you inked the deal, probably in a bid to secure a favorable dealer incentive program extended by another bank.
If your financing fell through, it's essential to know that it's not always your fault. Sometimes, the issue lies with the dealership's practices or their dealings with financial institutions.
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Here are some possible reasons why your financing fell through:
- Dealership staff discovered that the proceeds of the deal wouldn't be as much as expected.
- Dealer pre-approved your auto loan but denied financing after reviewing your financial situation.
- Dealer tried to secure a favorable dealer incentive program but was caught and declined.
Keep in mind that you have the right to have the original deal and all your money refunded without signing a new contract. Don't let the dealer pressure you into renegotiating new financing terms.
State Rights
State rights vary from state to state, so it's essential to research the specific laws in your area. In some states, used car dealerships are required to provide customers with additional disclosures to ensure they receive a fair and transparent deal when buying a car.
For instance, in New York, used car dealerships must provide a Consumer Bill of Rights, which you must sign and post in the sales area. They must also provide a Financing Disclosure Form to capture details like the lowest APR offered by the financing company.
In New York, you're also entitled to a Contract Cancellation Option, which lets you void the contract within two weekdays to review the terms and any financing agreement on your own.
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Some states have specific laws dedicated to preventing yo-yo scams and spot deliveries. In New Mexico, for example, dealers must give you the full retail price if they decide to move or sell your trade-in vehicle, and cover any losses that occur when the vehicle is in their possession.
Dealers in New Mexico must also make all payments that come due on your trade-in before financing is finalized, and can't charge you for costs associated with maintaining, repairing, or refurbishing your old car.
Here's a breakdown of some key rights for New Mexico residents:
It's crucial to understand your state's rights to avoid potential issues when buying a car.
When Financing Falls Through
If your dealer-negotiated financing falls through, don't panic. You have rights that protect you from scams and unfair practices. Dealers can't tell you that the sale is finalized before financing is approved by a lender, and they can't refuse to revoke all agreements if financing isn't completed within 20 days.
Spot deliveries are a common practice where dealers send you home with the vehicle before obtaining a lending offer under the agreed-upon terms. This can be a scam, where dealers try to squeeze extra profit from unsuspecting customers by later threatening to cancel the deal if new loan terms aren't met.
If the loan application is denied, the dealer might call you to say that financing couldn't be processed and you need to submit a new car loan application. But if the dealer knows you likely won't be approved at the original loan terms or rates they cited, this is a scam.
Dealers might try to swindle you by changing the financing after you've inked the deal, probably in a bid to secure a favorable dealer incentive program extended by another bank. But this is not your fault, and you have the right to have the original deal and all your money refunded without signing a new contract.
Here are some key things to know:
- If the dealer refuses to return your trade-in vehicle, you may already owe the dealer several hundred or thousand dollars.
- You can void the purchase if financing isn't approved within the required time and receive a refund of any trade-in or money paid.
- Dealers can't charge you for costs associated with maintaining, repairing, or refurbishing your old car.
- You can research your state's rights to ensure you receive a fair and transparent deal when buying a car.
In some states, used car dealerships are required to provide customers with additional disclosures to ensure they receive a fair and transparent deal. For example, in New York, used car dealerships must provide a Financing Disclosure Form to customers who finance a used car purchase, which includes details like the lowest annual percentage rate (APR) offered by the financing company.
Refinancing and Trade-In
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You can refinance a car loan with bad credit, but you might miss out on the best interest rates. If your existing auto loan payment is putting a strain on your budget, refinancing could be the solution you've been searching for.
Refinancing can help you lower your monthly payments, but it's essential to understand that you might not qualify for the best interest rates due to your bad credit.
You can trade in an upside-down car, but that doesn't mean you should. Trading in an upside-down car can lead to you owing more on the new loan than the car's value.
The typical new car loses more than 10% of its value in the first month of ownership, and 20% in the first year. This means that trading in an upside-down car can result in you losing even more money.
Refinancing or trading in your car might not be the best options, but they can provide temporary relief. However, it's crucial to explore all your options and consider the long-term consequences of your decisions.
Prevention and Protection
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To avoid getting caught in a yo-yo financing scheme, it's essential to read everything you sign. This means taking the time to thoroughly review your contract, no matter how lengthy or tedious it may seem.
Research reputable dealerships by checking online reviews on the Better Business Bureau and ask for all paperwork that shows financing is complete if you rely on dealership financing. This can help you avoid spot delivery scams.
Take your time when making a car purchase and don't let the dealership staff or salesperson rush you into signing paperwork. A cooling-off period can give you time to think through the deal and consider your options.
Here are some preventative measures to keep in mind:
- Read everything you sign.
- Arrange your own financing.
- Research reputable dealerships.
- Watch out for shady car deals.
- Take your time.
- Keep records.
Self-Protection
To protect yourself from falling victim to a yo-yo scheme, it's essential to read everything you sign. Sadly, people still sign contracts without reading and understanding the fine print, which can lead to murky waters.
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Reading lengthy contracts can be annoying and time-consuming, but it's crucial to understand what you're getting into. This simple step can save you from a lot of trouble down the line.
Arranging your own financing separate from the dealer can help you avoid spot delivery scams. You can contact your local bank or credit union to inquire about their financing terms, including what interest rates (APR) you qualify for.
Researching reputable dealerships is also vital. A quick internet search can help you find trustworthy dealers near you. You can check their reviews on the Better Business Bureau to ensure you're dealing with a reputable business.
Some dealerships may try to entice you into spot deliveries through shady dealings. Be cautious of staff who insist that your contract will automatically cancel if financing falls through, or threaten to withhold your down payment or fail to return your trade-in vehicle if you don't agree to the new terms.
Taking your time and not rushing into signing any paperwork related to financing is also crucial. Think through it carefully and don't let the dealership staff or salesperson pressure you into inking your signature.
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Here are some key steps to take when dealing with a potential yo-yo financing scheme:
- Read everything you sign.
- Arrange your own financing separate from the dealer.
- Research reputable dealerships.
- Watch out for shady car deals.
- Take your time and don't rush into signing any paperwork.
- Keep records and ask for a written assurance that your down payment or trade-in will be returned, or you may terminate the deal should financing fall through.
By following these simple steps, you can protect yourself from falling victim to a yo-yo scheme and avoid a lot of stress and financial trouble.
Leverage Social Media
Social media can be a powerful tool in addressing issues with a car dealership.
Post a review of the dealership on sites where you can share your experience.
Be respectful and factual in your review, avoiding name calling, shouting, and threats.
Dealership management usually wants to protect their online reputation and make amends for wrongdoing.
This can encourage a more positive review from you.
Write a concise and factual review to elicit a positive response from the dealer.
This approach can lead to a more satisfactory outcome.
From my experience, dealerships often respond positively to online reviews that highlight their mistakes.
This can lead to a resolution and a more positive experience.
Next Steps and Options
You can contact the dealership's management or customer service department to request they correct the information and renegotiate the terms of the loan. If they refuse to cooperate, report the fraud to the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC).
Seeking legal advice from an auto fraud attorney is crucial, regardless of whether you choose to pursue legal action or not. They can help you understand your rights and guide you through the process.
You can also contact the Better Business Bureau, your state's Consumer Protection Office, or the Attorney General's office if talking it out doesn't work. However, these options may be time-consuming and may not lead to immediate action.
Taking legal action is an option if the dealer is liable for the situation, such as if they erroneously handled your financing. You have the right to demand a full refund of all expenses incurred.
Ignoring the problem and failing to legally pursue the dealer can result in the car being repossessed and the recovery and towing fees charged to you. Don't use empty threats or violence to try to get the dealer to comply.
Hiring a lawyer is essential if you choose to pursue legal action, as they can explain what happened, provide legal advice, and guide you through the process. A consumer protection lawyer might be able to help you if a dispute arises.
Sources
- https://www.brennanlaw.com/dealer-lied-about-credit-income-car-loan-application/
- https://www.helpingfloridaconsumers.com/car-dealer-yo-yo-financing-fraud-bait-switch-financing/
- https://www.rategenius.com/car-financing-fell-through
- https://caredge.com/guides/what-to-do-if-youre-scammed-by-car-dealership
- https://forums.moneysavingexpert.com/discussion/5230245/finance-problem-caused-by-dealer-mistake-after-picking-up-car
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