Legal Question in Consumer Law in Virginia

Breach of contract with car dealer

I purchased a truck through a dealer on 4/15 with a 4000 down payment and agreed to 22% interest.On 4/28 dealer states needed spouse signature and 22.99% interest needed to have contract financed.I stated no,wanted to return truck and have down payment returned,original contract states if original terms can not be met buyer has this option.Dealer stated would not happen.Came back a few days later with original 22% I signed contract.Two weeks later dealer states must have spouses signature to have loan approved.I state no not original contract,still they refuse to take back truck and return down payment.Have contacted a lawyer,states 90% of dealers win in this state wants 750 to take case to court.If dealers generally win anyway,should I bother to challenge,even though the contract,legaly,states that I am in the right?


Asked on 5/22/00, 12:56 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Breach of contract with car dealer

One caveat: you assume that "the contract, legally, states that I am in the right"; this may or may not be true - remember contracts from car dealers, realtors, and others who depend on written contracts for their business write in highly technical language, which is deceptive because it looks just like English. I don't know what your contract says, and I can't rely on your assumption. My first suggestion is to get another lawyer - interview two or three. There's at least four ways to go on this one: First, you've probably already got a binding contract at 22% so you may be able to safely ignore the dealer. Second, changing the rate like that may be a violation of federal regulations regarding disclosure of interest rates in consumer loans. Third, if they don't need your spouse because of her income, but are simply using that as a dodge, that may be a violation of federal sex-discrimination laws. Fourth, there's probably at least one violation of the Virginia Consumer Protection Act involved. And most of that doesn't depend on whether you've got an enforceable contract. I suspect that what's happening is that your contract says that something special will apply if the dealer is unsuccessful in locating financing on your behalf. You're saying its a "no-go", the dealer is saying they've got the right to try again. My suggestion is that you go to a few banks and try to finance it yourself. Take them the contract and see what they'll do. Dealers usually charge a couple of percentage points in extra interest for the service of arranging financing, and you can do better, usually on your own. 22% sounds awfully high to me.

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Answered on 7/05/00, 8:58 am


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