Can dealership trick me into volunary repo?

[JamesM123]

Jurisdiction

California

I'm in California

Back in May of 2017, I bought a brand new car from a major dealership. My credit was horrible, they approved me anyway, and I had the car in my driveway that same night.

Two weeks later they ask me to come in and sign a new contract, with a higher payment and interest rate. This was definitely out of the 10-day window allowed by the contract. They also had me sign a new cancelation of the old contract, but dated it only ten days into the past. I told them I can't find the old contract, and they seemed happy. I still have both contracts, and I have the cancelation slip for the first contract. I figured if it ever has to go in front of a judge, this would demonstrate deliberate intent to break a clause.

Nine months later, I still didn't get the license plates or any paperwork. Yesterday I called, and the woman who looked into it said that I can get the plates on the spot but I have to come in and sign a DMV form.

I borrowed a car to drive to the dealership. I signed the paperwork. Then she said she needed to go out and verify the VIN. I got a little suspicious, but said that my car is getting the stereo upgraded.

Anyway, on Monday I plan to bring a friend. She'll be in the drivers seat, and at the moment it's time to come out and verify the VIN, I'll have her pull into the dealership.

Can the dealership or any of its employees legally blockade the car to prevent leaving? Or would this be false imprisonment and attempted kidnapping?

I don't trust them because of how they handled the situation in May, and I would like to know what my legal options are. Is the dealership even required to verify the VIN (they should already have this information in the computer)? Or was this BS and are they trying to pull a fast one over me?

 

[army judge]

Can the dealership or any of its employees legally blockade the car to prevent leaving?

No citizen has the legal authority to stop another citizen from peacefully going about her business.

Or would this be false imprisonment and attempted kidnapping?

It doesn't matter what i think about an action in CA, as that is up to the lawful authorities established in CA to decide.

Is the dealership even required to verify the VIN (they should already have this information in the computer)?

I have no idea. I can only say I have never had it happen to me.

I suggest you ask your state's DMV or vehicle licensing agency, or your local constabulary.

was this BS and are they trying to pull a fast one over me?

Some people do pull fast ones on other people daily all across this planet.

I suggest you speak to a couple local attorneys BEFORE doing something which could cause you to suffer great harm.

Take all of your paperwork to a local attorney and ask him or her to evaluate your position.

Normally an attorney won't charge you for the initial consultation.

If you do this, you'll KNOW exactly where you stand and what legal remedies (if any) exist.

 

[mightymoose]

Have you been making regular payments on the car this whole time?
Have you contacted the DMV about the missing plates?

Yes, if they want to reposess the car they could potentially block it. That would not be illegal. The occupants of the car would be free to exit and move about.
Is that their intent? Who knows.

It sounds like maybe you never got final approval for the financing, so I'm curious if you have been paying for the car.

 

[JamesM123]

Have you been making regular payments on the car this whole time?
Have you contacted the DMV about the missing plates?

Yes, if they want to reposess the car they could potentially block it. That would not be illegal. The occupants of the car would be free to exit and move about.
Is that their intent? Who knows.

It sounds like maybe you never got final approval for the financing, so I'm curious if you have been paying for the car.

They took $4,350 cash as down payment, I got a loan rejection letter from a third party bank, and they never sent me a bill.

I spoke to someone who used to work at a law firm and he said that the dealership could potentially be shut down for what they did.

 

[mightymoose]

Hmm... This all sounds fairly normal to me, with the exception that they haven't already repossessed the vehicle.

It is not unusual for financing to fall through and that is addressed in the contracts.
Since you have not been paying for the car you should not expect to keep it. It will likely be repossessed eventually, especially if you drive it without plates or leave it parked in a public place.
Keep in mind it is not your car until paid in full. You have someone else's property. Eventually they will take it back.
You could always try and secure your own financing so you can pay off the dealer and put the problem to rest.

 

[army judge]

Can dealership trick me into volunary repo?

If the employees of the dealer are clever, smart, slick, and devious; I'm sure tricks could be used to accomplish one repo, heck a hundred repos.

That said, have you CONTINUOUSLY kept the vehicle in question at the residence you listed on your credit application?

Have you kept the minimum insurance on the vehicle as mandated by CA state law?

Have you possessed a valid CA drivers license during the entire time you have possessed the vehicle?

Other than the $4,300 down payment, have you paid any money to the lender?

Does the lender have your current address?

Is your current address the same address you listed on the loan application?

I spoke to someone who used to work at a law firm and he said that the dealership could potentially be shut down for what they did.

The financing "fell through ploy"

Some dealers have been known to call customers days, weeks, or even MONTHS (as in your experience) after they signed a purchase agreement to tell them that the financing fell through.

It's a crock, a scam, a ploy, a trick.

The dealer knows if you qualify for financing almost instantly.

What is the goal of this later call?

Aha, to sign you up for a loan with a higher interest rate because,they just found out you didn't qualify for the lower rate.

Do NOT leave the showroom without a signed contract that spell out every detail of the deal with every blank on the form completed or noted as "N/A".

If you have done that, the dealer can't retreat on the financing, unless you relent and help someone fleece you!

CA has a Car Buyer's Bill of Rights. Read your rights to know if you've been harmed:

Car Buyer's Bill of Rights - California Department of Consumer Affairs

In CA, you can report the incident to your state's AG, who provides where additional complaints may be filed:

Protecting Consumers


Problem with a vehicle purchase in CA:

Request Rejected