Brother in a sticky car situation

[tonyhud94]

I was wondering what kind of lawyer I should seek if the financing company for my car purchase tells me I am not approved but the dealer is saying I am and asking me to pay on site in person per month?

 

[army judge]

I was wondering what kind of lawyer I should seek if the financing company for my car purchase tells me I am not approved but the dealer is saying I am and asking me to pay on site in person per month?

Do you have the car in your possession?
Have you been driving the car?
You see, it's unwise to take possession of their car UNTIL you have PROOF POSITIVE you've been approved for financing.
It was wise to check with the lender.
Now you must read those hundreds of documents you signed and received.
Look for the passages that discuss what happens when financing isn't approved.
That way you'll know approximately how much MONEY the dealer is going to CLAIM YOU OWE THE DEALERSHIP.

Most lawyers can explain it further, but no matter how this is sliced, you're going to get gouged.

 

[txls]

It sounds like the dealership is financing your vehicle since they could not get you approved through a bank. So instead of making your payment to a bank, you make your payment to the dealership. I don't really see the problem. The terms of the contract you signed are the same as if it had been assigned to a bank. What exactly do you want a lawyer to do?

 

[tonyhud94]

Do you have the car in your possession?
Have you been driving the car?
You see, it's unwise to take possession of their car UNTIL you have PROOF POSITIVE you've been approved for financing.
It was wise to check with the lender.
Now you must read those hundreds of documents you signed and received.
Look for the passages that discuss what happens when financing isn't approved.
That way you'll know approximately how much MONEY the dealer is going to CLAIM YOU OWE THE DEALERSHIP.

Most lawyers can explain it further, but no matter how this is sliced, you're going to get gouged.

He has had the car for a week and the financing company just got back to him with that information. We read through the documentation and it says we are supposed to take the car back, problem being the guy doesn't want to take the car back. See it is a VERY small used lot owned by a Hispanic man who barely speaks English and in all honesty this guy ripped my brother for the car. He has a;already gotten the lectures of why did he go through with it in the first place etc. etc. but we are now in the spot of his financing paperwork says that it is void as it was not approved through the initial company. He bought the car "as is" which was huge mistake number two and has already put a couple hundred in to maintenance. In all honesty it comes down to two things, we either need to get a new financing agreement sign and done up with this guy, who has already lawyer-ed up simply saying "you good I finance you, you call lawyer ask questions", or our second option the one I would personally prefer we return the car ang get the down payment back along with the cost of some of the parts minus the $30 a day it specifies in the contract.

 

[txls]

If he has referred you to his lawyer to ask questions then I would recommend you do that. Ask questions. Then you can determine if you may need to get a lawyer.

 

[army judge]

He has had the car for a week and the financing company just got back to him with that information. We read through the documentation and it says we are supposed to take the car back, problem being the guy doesn't want to take the car back. See it is a VERY small used lot owned by a Hispanic man who barely speaks English and in all honesty this guy ripped my brother for the car. He has a;already gotten the lectures of why did he go through with it in the first place etc. etc. but we are now in the spot of his financing paperwork says that it is void as it was not approved through the initial company. He bought the car "as is" which was huge mistake number two and has already put a couple hundred in to maintenance. In all honesty it comes down to two things, we either need to get a new financing agreement sign and done up with this guy, who has already lawyer-ed up simply saying "you good I finance you, you call lawyer ask questions", or our second option the one I would personally prefer we return the car ang get the down payment back along with the cost of some of the parts minus the $30 a day it specifies in the contract.

I apologize, I read too quickly, missed the part about the subject of your inquiry , your brother.
As TXLS, said, take the car back, but discuss it with the owner's lawyer.
Language can be used as a barrier to understanding, oddly it wasn't a problem when the owner was selling the car! LOL
It might be wise to take a friend who speaks Spanish when you go back to the lot return the car.
Your brother should offer to settle this by agreeing to allow the owner to take the $30/day out of the down payment, and forget any out of pocket nonsense. Why? Your brother can get in deeper "poo poo" if the car is stolen, wrecked, or damaged.
The sooner he's returned it, the better off he'll be.
The longer he keeps it, the bigger his financial burden can become.