I am a new member to the forums and have a situation that other members may be able to advise me on. I apologize for the length of this post.
A little over a month ago I went to a new car dealership in Georgia to purchase a vehicle. My mother had to co-sign with me. When we got to the finance officer and started signing the paperwork. When we got to the title and DMV form only her name was listed. I questioned this and the finance officer could not answer. I told him that I was the buyer and she was the co-signer so I should be listed first. He reprinted the papers and then had my name and then my mothers name second on the title and DMV form. We had been there for six hours and were drained. We both signed the title and DMV form. The vehicle had to come from another location and would take a couple of days to arrive.
I thought about what we had signed all night. The next day I did some research and found out that there are "co-signers" and then there are "co-owners". As a co-signer you are only responsible if the buyer defaults on the payments. As a co-owner you are on the title just as the buyer is. I also determined that if I had an accident and was being sued my mother could also be sued if she was on the title. This is something that I can not live with.
We went back to the dealership and told them that we thought that my mother was a co-signer and did not need to be on the title. I told them if they did not change this then the sale was off and I did not want the vehicle. The finance manager said that he would contact the finance company and request a "title exemption". He came back and said that the finance company agreed to only have me on the title but my payment would go up about six dollars. I said that was fine. New paperwork was printed. My mother and I the both signed the sales contract but only I signed the title and DMV form. I then asked the finance manager if the old paperwork was going to be shredded and he said yes.
I took possession of the vehicle a few days later. Then, about a week and a half later I call the tag office to see if they had gotten the paperwork from the dealership. The tag office tells me that they did and then tell me that it is in my name and mothers name. I call the dealership and tell them what I have found. They ask to call me back. When they call back they state that the first sales contract, title and DMV forms got submitted to the finance company by mistake. The paperwork that was supposed to be shredded was not shredded but got put back into the sales jacket.
The dealership promises me that this would get corrected. Fast forward a month later, and now the dealership says that it cannot be changed. Even though I have a copy of the correct sales contract the dealership claims that the finance company will not take my mother off the title and the dealership did not get anything in writing from the finance company stating that they would accept the title change. The dealership has admitted that they made the mistake that caused my troubles.
I have had to go to a local bank and get the vehicle refinanced even before my first payment is due in order to get my mother off of the title.
After reading all of this, (again sorry for the length of it), does it seem like I have any legal options directed at the dealership? Thanks for any advice.
A little over a month ago I went to a new car dealership in Georgia to purchase a vehicle. My mother had to co-sign with me. When we got to the finance officer and started signing the paperwork. When we got to the title and DMV form only her name was listed. I questioned this and the finance officer could not answer. I told him that I was the buyer and she was the co-signer so I should be listed first. He reprinted the papers and then had my name and then my mothers name second on the title and DMV form. We had been there for six hours and were drained. We both signed the title and DMV form. The vehicle had to come from another location and would take a couple of days to arrive.
I thought about what we had signed all night. The next day I did some research and found out that there are "co-signers" and then there are "co-owners". As a co-signer you are only responsible if the buyer defaults on the payments. As a co-owner you are on the title just as the buyer is. I also determined that if I had an accident and was being sued my mother could also be sued if she was on the title. This is something that I can not live with.
We went back to the dealership and told them that we thought that my mother was a co-signer and did not need to be on the title. I told them if they did not change this then the sale was off and I did not want the vehicle. The finance manager said that he would contact the finance company and request a "title exemption". He came back and said that the finance company agreed to only have me on the title but my payment would go up about six dollars. I said that was fine. New paperwork was printed. My mother and I the both signed the sales contract but only I signed the title and DMV form. I then asked the finance manager if the old paperwork was going to be shredded and he said yes.
I took possession of the vehicle a few days later. Then, about a week and a half later I call the tag office to see if they had gotten the paperwork from the dealership. The tag office tells me that they did and then tell me that it is in my name and mothers name. I call the dealership and tell them what I have found. They ask to call me back. When they call back they state that the first sales contract, title and DMV forms got submitted to the finance company by mistake. The paperwork that was supposed to be shredded was not shredded but got put back into the sales jacket.
The dealership promises me that this would get corrected. Fast forward a month later, and now the dealership says that it cannot be changed. Even though I have a copy of the correct sales contract the dealership claims that the finance company will not take my mother off the title and the dealership did not get anything in writing from the finance company stating that they would accept the title change. The dealership has admitted that they made the mistake that caused my troubles.
I have had to go to a local bank and get the vehicle refinanced even before my first payment is due in order to get my mother off of the title.
After reading all of this, (again sorry for the length of it), does it seem like I have any legal options directed at the dealership? Thanks for any advice.
