Wasanasan
New Member
- Jurisdiction
- California
I purchased a vehicle and secured the financing through my own bank. I signed all the paperwork and took the vehicle home. When I got home the engine was spraying oil everywhere and it was leaking profusely. I contacted the dealership within an hour of the purchase and they profusely apologized and said to bring it back and they would trade it out for another of the exact same vehicle a 2016 Ford Mustang convertible. Went back the next day and chose the vehicle and went over it with a fine toothed comb. I advised them if a few things I was not happy with on this car and they agreed to have the convertible top fixed and the windows. There was aprice difference between the cars of 100 less on the second car I asked about how this would work with the financing and they stated it was no problem they would just send the difference to my bank. It took 2 weeks to get the car back after the repairs but that was fine at the time. 3 weeks after purchasing the car the 100 was not received and I inquired. I was told to contact the dealership. Dealership did not send the 100.00 they sent back the entire check and paid off the loan. Apparently the dealership should have cancelled the first loan on car 1 and immediately have me apply for the loan on car 2. Since they did not do that they messed everything up. I called my bank who of course changes interest on the car loan 1 that I had for a car I never had that was with the blown engine. 3 weeks ago I was given interest rate of 5% but now some I have to reapply for a car loan 3 weeks later for car 2 the interest rate will now be 9.9%. If the dealership had done the transaction correctly my bank simply would have cancelled the loan 1 and done loan 2 with same interest rate. I also had to pay interest on a loan that should have been cancelled. I also can not drive car 2 because it is not financed which means there is no gap insurance on the car. Do I have any legal remedies? Is the sales contract for car 2 invalid since it states that the car was paid in full with loan but that was incorrect because of their own mismanagement? I'd like to keep the car but at the original interest rate and so far they haven't been able to meet this need even after admitting it was their fault ... can I bank out of the sales contract?
