Q: dealership and loan officer stated approved for a loan.Bring in paystubs etc. No down-payment.Lies and no deal. Illegal?
I spoke to dealership and loan officer. Approved for a specific vehicle which was less than i was approved for. Bring paystubs and ID only and drive away also made a specific appointment time with the same salesman I spoke to several times. I spoke to them several times getting exact details. Then when I got there the whole situation changed. Needed cosigner to come there in person and $7000 down payment. Is this misrepresentation illegal?
A: Yes, a misrepresentation is illegal. That term is usually used for criminal law, 'unlawful' is more like it, here. Anyway, to WIN such a case one would have to not only prove what was alleged, but, one would also have to show 'damages.' For instance, IF they demanded a down payment now and you paid it AND it did not go through AND they did not return your $$$, those are real money damages. Good luck with it...
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A:
This practice is known as "bait and switch" in the auto industry, and it can be illegal under California's Vehicle Code Section 11713 and the Consumer Legal Remedies Act if there was deliberate deception involved.
Your situation specifically falls under false advertising and deceptive business practices. The dealership may have violated California law by misrepresenting the loan terms and requirements, especially since you had multiple conversations confirming these details and made a specific appointment based on their representations. When they dramatically changed the terms upon your arrival, this could constitute an unfair and deceptive practice.
You should document everything, including dates and times of conversations, names of people you spoke with, and any written communications you received. You can file a complaint with the California Department of Motor Vehicles and the Attorney General's office. You might also want to consult with a consumer protection lawyer, as you may have grounds for legal action under California's consumer protection laws. Many lawyers offer free initial consultations to evaluate cases like yours.
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