My question involves a consumer law issue in the State of: Ohio
On March 14th, my husband purchased a 2016 Jeep Liberty at a major well-known dealership in Cincinnati. It had been years since he had purchased a car, and after being walked all over the 'Auto Mall' looking at cars for 4 hrs, quite frankly he was exhausted when they sat down to sign the paperwork. He's 75 years old, so he was anxious to get the paperwork done and get out of there. He was told that he was approved for 2 different cars, and just to take his pick.
18 days later, he receives an email message that the dealership was unable to sell his loan off, and to bring the car back. We then pulled out the paperwork and find that there was a 14 day Spot Delivery clause in the agreement.
He calls the dealership and is told not to worry, they don't want the car back, that was just a 'form' email, and they just need bank statements, and all will be fine.
On April 14th, we still had not received a payment book from anyone, so he called the dealership and they said the loan was approved, but the paperwork wasn't done yet, and the bank said to just make the payment to the dealership. They wanted the payment via debit card over the phone. My husband made the payment and then they called a few days ago and said that they had a BETTER loan for us, that would save $25 per month, and so they were going to refund the payment we made, and we would not actually have a payment due for another 30 days, as they had a new lender for us.
THEN....they said we had to sign a NEW contract with them. Hubby said fine, as long as that was not going to start a new Spot Delivery period again - and they said it would but after all - we would save $25 per month!! So, we asked to speak with the bank that had approved the loan. Surprisingly they gave us a number to call, but the person that we were told to speak with told us that the loan was NOT approved yet, and in fact she has asked for a more recent proof on income on my husband's business (he is self-employed in addition to social security).
We then provided them with what the loan person stated she needed, but that the dealer had never asked us for...and within minutes, the dealer called again and said the loan was now approved. We asked for it in writing, they said they could not do that, and if we did not sign a new contract with a new Spot Delivery 14 day period, they were
going to take the car back. This all happened late Friday afternoon, so I could not call anyone for legal advice.
Everything I have read says that since the dealer signed the TIL as the Seller-Creditor, and the 14 day window is LONG past - they cannot cancel the contract.
But - they actually want to come to our home Monday to have us sign a new contract!! BTW - hubby's credit is not bad, it's just limited as we don't use credit much at our age!
Hoping someone here has some insight!!
Thanks!
On March 14th, my husband purchased a 2016 Jeep Liberty at a major well-known dealership in Cincinnati. It had been years since he had purchased a car, and after being walked all over the 'Auto Mall' looking at cars for 4 hrs, quite frankly he was exhausted when they sat down to sign the paperwork. He's 75 years old, so he was anxious to get the paperwork done and get out of there. He was told that he was approved for 2 different cars, and just to take his pick.
18 days later, he receives an email message that the dealership was unable to sell his loan off, and to bring the car back. We then pulled out the paperwork and find that there was a 14 day Spot Delivery clause in the agreement.
He calls the dealership and is told not to worry, they don't want the car back, that was just a 'form' email, and they just need bank statements, and all will be fine.
On April 14th, we still had not received a payment book from anyone, so he called the dealership and they said the loan was approved, but the paperwork wasn't done yet, and the bank said to just make the payment to the dealership. They wanted the payment via debit card over the phone. My husband made the payment and then they called a few days ago and said that they had a BETTER loan for us, that would save $25 per month, and so they were going to refund the payment we made, and we would not actually have a payment due for another 30 days, as they had a new lender for us.
THEN....they said we had to sign a NEW contract with them. Hubby said fine, as long as that was not going to start a new Spot Delivery period again - and they said it would but after all - we would save $25 per month!! So, we asked to speak with the bank that had approved the loan. Surprisingly they gave us a number to call, but the person that we were told to speak with told us that the loan was NOT approved yet, and in fact she has asked for a more recent proof on income on my husband's business (he is self-employed in addition to social security).
We then provided them with what the loan person stated she needed, but that the dealer had never asked us for...and within minutes, the dealer called again and said the loan was now approved. We asked for it in writing, they said they could not do that, and if we did not sign a new contract with a new Spot Delivery 14 day period, they were
going to take the car back. This all happened late Friday afternoon, so I could not call anyone for legal advice.
Everything I have read says that since the dealer signed the TIL as the Seller-Creditor, and the 14 day window is LONG past - they cannot cancel the contract.
But - they actually want to come to our home Monday to have us sign a new contract!! BTW - hubby's credit is not bad, it's just limited as we don't use credit much at our age!
Hoping someone here has some insight!!
Thanks!
Sales Agreements: Spot Delivery Help Needed - Ohio
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