msorrells10
New Member
- Jurisdiction
- Texas
My wife purchased a vehicle 2 days ago on a Saturday, my wife works at a bank in the IT department but the sales agent kept telling people she was a loan officer which my wife corrected her and even wrote on the application she was an IT supervisor. The sales agent asked what it would take for us to drive away with the car and my wife told her 1.9% interest rate for 84 months the sales agent said they got the deal and and drew up a motor vehicle retail installment sales contract stating my wife's employer would finance the vehicle at 1.9% for 84 months. We signed the agreement only to find out when my wife got to work on Monday that the bank she works at did not agree to those terms and never authorized the dealership to arrange that agreement. Part of the sales agreement was a, "We Owe" form that stated the dealership needed to put new tires on the vehicle and turn the rotors, when my wife dropped off the vehicle to have this done the dealership stated that they had found a different lender that would do the same loan term for 3.99% since her bank would not approve the loan term and interest rate. We were told by the loan officer at her bank and the bank attorney that we signed a binding contract with the car dealership stating we agreed to purchase the vehicle at 1.9% for 84 months and that they are required to sell the vehicle to us for that amount and term by the contract agreement which also stated in the Integration and Severability clause, "This contract contains the entire agreement between you and us relating to the sale and financing of the vehicle. If any part of this contract is not valid, all other parts stay valid". Since we refused to use the lender they arranged after the one they told us was good fell through the dealership will not give us the car back. Neither my wife nor I provided any false information to the dealership but were told, "They assumed" since my wife worked at the bank she was acting as if she had approval for that loan term from her employer and told us we were acting in fraud because they assumed this. We corrected the financial manager and the sales rep that she was not a loan officer but that she wanted the above mentioned deal. We even asked the finance manager who the loan was through and he told us that her bank was the lender. Since we did not provide any false information, paid the down payment on the vehicle in cash and have the, "Integration and Severability" clause on the contract, should we be able to take ownership of the vehicle and the dealership be responsible for providing the financing they agreed they found in the first place per the contract?