Legal Question in Consumer Law in Virginia

New car financing -- credit app returned by bank.

We traded a car & bought a new one last month. The contract was returned to the dealer from the bank stating that they were unable to process the contract because signature wasn't complete (car put in the family business name-I did not indicate my title w/ the company on the signature line). A new contract was sent to us w/ a request for signatures. Can we refuse to sign this new contract? We would like to give the vehicle back (we just changed our minds). Can we do this? Would we be liable for anything? The car we traded has already been sold by the dealership. We put no money down on the new car. There was negative equity in the old car that we traded.


Asked on 12/28/05, 5:00 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: New car financing -- credit app returned by bank.

Are you saying that the contract that is not

signed is with the car dealer, or with the bank?

Often there are two separate transactions, one

in which you buy the car, and another in which

you borrow the money from the bank.

If you have not signed an agreement with the

car dealer, you might try refusing to sign the

contract and canceling the deal.

It is not impossible that a creative attorney

could show a verbal contract to sell the car,

and hold you to the deal.

However, it is more likely that the car dealer

will sell the same car to someone else for the

same price or more.

If you were sued, and assuming that you actually

lost, you would only be liable for the amount of

money that the dealer actually lost by selling

the same car to someone else at a lower price.

If they sold the same car for the same price,

their losses would be $0.00 (aside from perhaps

some minor administrative costs).

Therefore, it might be worth it for you to take

that approach. The chance that they will sue

you is probably small. The chance that they win

is "iffy" at best. And if they do win, they

probably cannot show any losses, since they are

obligated to sell the car to someone else at the

best possible price.

Read more
Answered on 12/28/05, 5:54 pm


Related Questions & Answers

More Consumer Law questions and answers in Virginia