Are there any loopholes in regards to rescinding a new car purchase on the grounds of falsified financial information to the bank by the car dealership?
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Are there any loopholes in regards to rescinding a new car purchase on the grounds of falsified financial information to the bank by the car dealership?
I went to a dealership to inquire about a free prize notification that I received in the mail. I was
immediately approached by a saleswoman who, to my dismay, would end up keeping me there for 7 hours. She doctored paperwork to get me approved for a new vehicle. My credit is not good so what took 7 hours to accomplish, should have been 45 minutes at the most. I’m on disability, which I told her, but they led the bank to believe me as employed and making more money than I actually bring in. When I asked what I’d like my payments to be, I said around $300 a month. My payments ended up being $529 a month with almost 17% interest and now I’m stuck with a new car that I didn’t even want; I opted for and test drove a different model. I was bamboozled. I can’t believe it. I can barely pay my bills as it is.
Asked on August 31, 2017 under General Practice, West Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can *try* to rescind or void the purchase based on fraud (on her lying to you or deceiving you), but you may not succeed. The reason you may not suceed is that you voluntarily along with this and could have stopped at any time: for example, the saleswoman could NOT keep you there for 7 hours without your consent: you could have left at *any* time you wanted. She could not make you apply for credit or sign off on the papers submitted for financing: you could have refused to do this, and since you did go along with it, you may be also liable for any fraud (e.g. against the lender). At the end of it, you still could have walked away and refused to buy the car, even after going through the whole process. Because you had multiple opportunities to walk away but did not, a court could easily conclude that you were not defrauded but did this knowingly and voluntarily. If you want to try to get out of the sale (return car, have sale voided), you need to bring a legal action in chancery court (a part of division of county court) seeking a "declaratory judgment" or court determination that the contract is void for fraud.
For future reference: remember, you can leave situations like this at any time and don't have to go along with it.
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