Legal Question in Traffic Law in Virginia

Auto Purchase

Unable to get financing myself, I signed a Buyer's Order and Purchase Contract for a used automobile at a dealership in Virginia with a cosigner (who lives in Calif). My name and the cosigner's name appear together at the top of each document. The Buyer's Order reads: ''Subject to Approval by the Bank''.

I got auto insurance and temporary registration at the dealership and drove home while they continued to work on the deal.

After three days, the cosigner said she never got the docs and decided against cosigning. The dealership said that it got no final answer by the bank.

I returned the car with the keys on the 4th day because the Buyer's Order says the car must be returned within 4 days ''unless a full settlement.'' I also canceled my insurance. The dealership is calling me saying that it has finalized the agreement and that it is my car.

Do I own the car?


Asked on 12/05/05, 11:36 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Auto Purchase

Who knows, but if the dealer is still offering and you're still interested in buying, then why not GO FOR IT and finally settle the question?

Read more
Answered on 12/05/05, 12:22 pm
Jonathon Moseley Jonathon A. Moseley

Re: Auto Purchase

It really depends upon what the contract

actually says. From what you describe, it is

unclear what settlement means. If the contract

says you have a right to return the car within

4 days, then you do not own the car. But I am

not sure what it actually says from here.

MY colleague raises an interesting point. In

effect, they asked for a co-signer and now they

want to go ahead with the deal even if you don't

have any co-signer. I realize the financing

company is probably a different company. But

explore whether they will re-do the deal. But

you need to have them REWRITE the contracts

and sign AMENDED versions to delete the co-signer.

Also, I am confused by what you describe. I

don't understand how you picked up the car

without the co-signer actually SIGNING the loan?

If the co-signer has already signed, she cannot

change her mind (except to the extent that you

may have a right under the contract to cancel

the purchase within 4 days, but we'd have to

read the contract to know that for sure).

Bear in mind that even if you do have a

contractual obligation to buy the car, but you

now refuse, they must (a) make all reasonable

efforts to resell the car to someone else, and

(b) as long as they sell it for the same price

or more, they cannot sue you, because they have

not lost any money. THey can only sue for what

they have actually lost.

Read more
Answered on 12/05/05, 9:40 pm


Related Questions & Answers

More Traffic Law questions and answers in Virginia