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Q: Automotive straw deal financing question ( No Answer,   1 Comment )
Question  
Subject: Automotive straw deal financing question
Category: Business and Money
Asked by: sflpete-ga
List Price: $50.00
Posted: 05 Apr 2004 15:35 PDT
Expires: 05 May 2004 15:35 PDT
Question ID: 325679
A person, buying an automobile at a dealership is talked into letting
the sales person purchase a car using her credit. The sales rep, as it
turns out, had just bought an expensive car, had it wrecked without
insurance and couldn't get his own financing. The purchaser bought 2
other cars (for herself and her son) and allowed the sales man to get
his car using her credit. He made 2 out of the 4 monthly payments and
she took the car back. We where told that this is called a straw deal
and is illegal. The owner of the dealership was fully aware of the
situation. The salesman has since a). been fired. b). been fired from
his next job and c). Returned to Canada to be 'reacquainted with his
father'. This transaction took place in Florida. We have heard that
this is illegal. If it is illegal, does this void the sale? the loan
is for about $35000. Nissan Credit will not work with her even if she
returns the car, she will still owe about $10,000 over what it will
get at auction. What other avenues are available to her as there is no
way she can make the payments (about $600 per month). As it turned
out, he filled out the credit application and exaggerated her income
level in order to qualify her, but she, of course, signed it. Is there
any recourse to the dealership? To the financing company? She thought
she was helping someone who needed her help.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Automotive straw deal financing question
From: r_gracie-ga on 06 Apr 2004 20:41 PDT
 
Have you contacted NMAC? Have you filed a complaint with consumer
affairs at Nissan?

If you have not gotten any satisfaction afterwards, you will need to
retain an attorney to find where you stand exactly. Then you will want
to at least file a lawsuit against the dealership and Nissan Motor
Acceptance Corp. Unless it goes to court and you lose, the result of
this action will be an agreement of some sorts and/or a settlement.
Even if your contract IS void, it will take an attorney or court
action to force Nissan to act.

While this whole situation seems preposterous, there may have been
criminal intent on the part of the dealership. Perhaps they were
meeting their "quota"!?!?! by unethical means?!?! You really do need a
good attorney, find one that works on a percentage.

Of course you always have the option of selling the car off and paying
the loan in full or defaulting on the loan, having the finance company
auction the car and be liable for the unpaid balance on the car. It
would auction at a much lower price than if you sold it yourself.

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