My daughter signed a contract for a car and we went to pick it up and the dealer said she did not qualify. We had our own financing. so we were already qulaified. Autonation Nissan Tempe changed her income in our finance sight. We called our finance company and they said the car is hers and they need to honor the contract. The contract says her 1st payment is 6/11/16 for $317 My daughter lives in WA . I her mother lives in AZ. I went to Autonation Nissan Tempe. To get a car on her behalf. My daughter was preapproved with Capital One for $24368. We worked on numbers we agreed on pricing. 47 emails back and forth with the sales guy at autonation. They said they could get the 4.60 rate as shown on other dealers
sites in Capital One Finance site. Under look up dealers and inventory. Autonation stated they would contact their Capital one rep and work out the deal. When you go to dealers in Captial One Auto Navigator it gives you the rate, payment etc. So when you get the final figures you can plug it in before you sign to be sure it is a good deal. Autonation worked on this from Tuesday 4/26/16 to end of day 4/27/16. Autonation fed ex the documents to my Daughter in WA Thursday 4/28/16, She took a photo of each page and signed and fed ex back to Autonation on Friday. Autonation said once she sends the Fed ex package back the car was hers. I received an email that they received the fed ex package Saturday morning
4/30/16 and the car was being washed and gassed up and should be ready in an hour. My husband and I go to pick up the car 2 hours later. since no one called. They said capital one declined the loan and that she was never approved for $24638. They said Capital Once said she has bad credit and 1st time buyer so was on a special finance program. They refused to give us the car. We left and I called Capital one I was on the phone for over 1.5 hours. They said it was illegal to have a signed contract prior to running through capital one when they are the finance company. and that was disclosed from the beginning. I have emails to prove it. Capital one said Autonation changed my daughters income on capital one
sight that was the reason for initial decline. They had no right to do this either as that is deceptive and Fraudulent. They than ran it for 18700. The out the door per signed contract is 19822.92. Capital one said my daughter is approved for $24638, not any special program, not bad credit, not 1st time buyer. She can go to any delaer listed on Capital One sight and purchase any auto between $4000 and $24638. Capital one never tells a dealer a customer has bad credit, is a 1st time buyer or on a special program. and that since she signed at 4.60 for 72 months at $317 a month the car is hers and the dealership must of had another finance company in mind. If that is the case this is deceptive and fraudulent as
well and they need to resubmit to capital one as the income was corrected on capital one sight. Capital One said That the rate would be 6.8 and the dealership needs to eat the difference. Capital one said the rate is different with every dealer due to each dealer has their own hiden fees and overprice the cars to get that extra fee. All the other dealers the rate was coming up 4.6 for same car different vin #. We went with Autonation due to Geoff in Finance stated he could match that rate.
If they did not run the figures with Capitol One until after they received the Fed Ex package back at 1:32 pm 4/30/16 is what Capital one told us. Then Autonation needs to just deal with the terms of the contract as it is signed and a binding contract and due to the deception, Lies and fraud. My daughter should get the car free. However we just want the contract honored and compensation for the lost days without the car. I have spoken with a Consumer Protection Lawyer and this is his response to this:
In a vehicle purchase, there are typically two separate contracts that are entered into by the buyer. The first is the purchase contract that says that the buyer will buy the vehicle from the seller for a set price. The second is the financing contract that states how the buyer will pay for the vehicle. They are not dependent on each other and if the financing falls through, the buyer is still responsible for paying for the vehicle either by financing through the dealer or by obtaining their own financing elsewhere.
So here, if the financing was supposed to go through Capital One, and the dealer didn't send them the contract before having said contract signed, but rather sent it to another financing company or no finance company, then that is fraudulent and a deceptive business practice if daughter specified that she already had financing set up. The dealer was simply trying to lie to her to increase her borrowing costs so they could make more money..
With that said, she can tell them that they have a binding contract for the sale of the car for the agreed on price. her next call should be to the Attorney General's Consumer Protection Division to file a formal complaint for fraud and "deceptive practices" and they can then deal with the AG's office in explaining why they tried to go through a different financing company or none at all prior to sending documents to be signed, than the one the customer told them to go through.
AutoNation Nissan Tempe Reviews
My daughter signed a contract for a car and we went to pick it up and the dealer said she did not qualify. We had our own financing. so we were already qulaified. Autonation Nissan Tempe changed her income in our finance sight. We called our finance company and they said the car is hers and they need to honor the contract. The contract says her 1st payment is 6/11/16 for $317 My daughter lives in WA . I her mother lives in AZ. I went to Autonation Nissan Tempe. To get a car on her behalf. My daughter was preapproved with Capital One for $24368. We worked on numbers we agreed on pricing. 47 emails back and forth with the sales guy at autonation. They said they could get the 4.60 rate as shown on other dealers
sites in Capital One Finance site. Under look up dealers and inventory. Autonation stated they would contact their Capital one rep and work out the deal. When you go to dealers in Captial One Auto Navigator it gives you the rate, payment etc. So when you get the final figures you can plug it in before you sign to be sure it is a good deal. Autonation worked on this from Tuesday 4/26/16 to end of day 4/27/16. Autonation fed ex the documents to my Daughter in WA Thursday 4/28/16, She took a photo of each page and signed and fed ex back to Autonation on Friday. Autonation said once she sends the Fed ex package back the car was hers. I received an email that they received the fed ex package Saturday morning
4/30/16 and the car was being washed and gassed up and should be ready in an hour. My husband and I go to pick up the car 2 hours later. since no one called. They said capital one declined the loan and that she was never approved for $24638. They said Capital Once said she has bad credit and 1st time buyer so was on a special finance program. They refused to give us the car. We left and I called Capital one I was on the phone for over 1.5 hours. They said it was illegal to have a signed contract prior to running through capital one when they are the finance company. and that was disclosed from the beginning. I have emails to prove it. Capital one said Autonation changed my daughters income on capital one
sight that was the reason for initial decline. They had no right to do this either as that is deceptive and Fraudulent. They than ran it for 18700. The out the door per signed contract is 19822.92. Capital one said my daughter is approved for $24638, not any special program, not bad credit, not 1st time buyer. She can go to any delaer listed on Capital One sight and purchase any auto between $4000 and $24638. Capital one never tells a dealer a customer has bad credit, is a 1st time buyer or on a special program. and that since she signed at 4.60 for 72 months at $317 a month the car is hers and the dealership must of had another finance company in mind. If that is the case this is deceptive and fraudulent as
well and they need to resubmit to capital one as the income was corrected on capital one sight. Capital One said That the rate would be 6.8 and the dealership needs to eat the difference. Capital one said the rate is different with every dealer due to each dealer has their own hiden fees and overprice the cars to get that extra fee. All the other dealers the rate was coming up 4.6 for same car different vin #. We went with Autonation due to Geoff in Finance stated he could match that rate.
If they did not run the figures with Capitol One until after they received the Fed Ex package back at 1:32 pm 4/30/16 is what Capital one told us. Then Autonation needs to just deal with the terms of the contract as it is signed and a binding contract and due to the deception, Lies and fraud. My daughter should get the car free. However we just want the contract honored and compensation for the lost days without the car. I have spoken with a Consumer Protection Lawyer and this is his response to this:
In a vehicle purchase, there are typically two separate contracts that are entered into by the buyer. The first is the purchase contract that says that the buyer will buy the vehicle from the seller for a set price. The second is the financing contract that states how the buyer will pay for the vehicle. They are not dependent on each other and if the financing falls through, the buyer is still responsible for paying for the vehicle either by financing through the dealer or by obtaining their own financing elsewhere.
So here, if the financing was supposed to go through Capital One, and the dealer didn't send them the contract before having said contract signed, but rather sent it to another financing company or no finance company, then that is fraudulent and a deceptive business practice if daughter specified that she already had financing set up. The dealer was simply trying to lie to her to increase her borrowing costs so they could make more money..
With that said, she can tell them that they have a binding contract for the sale of the car for the agreed on price. her next call should be to the Attorney General's Consumer Protection Division to file a formal complaint for fraud and "deceptive practices" and they can then deal with the AG's office in explaining why they tried to go through a different financing company or none at all prior to sending documents to be signed, than the one the customer told them to go through.