Legal Question in Consumer Law in Georgia

My sister finance a car deal was done.. BUt the very next day they call threats to come repossess the car if she doesn't come in to sign abetter deal.... Now th?ey saying theirgoing to report the car stolen... Can they do this?? Just because she want sign a new contact

Asked on 2/07/13, 6:44 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

She may have thought it was a done deal. She needs to read her contract in detail (she should have before she signed) and see if there was a contingency for finding appropriate financing. If the financing could not be found, the dealer can demand the car back and the buyer has an obligation to take it back. It is called "spotting." We don't have her contract so we don't know if this is the case, but it is common. If the dealer just wants a better price, it is a different issue.

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Answered on 2/07/13, 6:47 am

Glen Ashman Ashman Law Office

Your sister screwed up. Tell her to read her papers. She did a spot sale, which means she did the wrong thing and did not prearrange her financing at a bank before going to the dealer or make sure that the financing was approved befor she left the dealer. In these "sales" the deal is contingent on future approval, and when the financing is declined, she must return the car or do a new deal. So yes, if she doesn't come back in, she is a car thief.

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Answered on 2/07/13, 7:48 am

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