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Can dealership repo car if lender is on lein Wisconsin

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  • Can dealership repo car if lender is on lein Wisconsin

    I bought a car They told me the vechicle was mine. I had a lender approved. they said 2007 Ford Tausus for 16,495. I got 1800 for my trade in plus 300 cash. Signed all doc's and drove off. DeaLER told me 1st payment aint due till sept 15th u know 45 days free, they said we would get coupon book from lender then just send in payments, we like cool. We gt title and reg. with lein holder of finance co (not dealer) Well 45 days came and went we sent in payments for sept and oct (finance co told me we were declined) we called dealership they said they were working on finding us a financer this in now early Nov. so we offered to send the dealership the payments they said keep your money til we find a finance co, were like ok..late Nov. dealership calls asks us to volintary surrender vehicle to dealership,,were like okkk We asked the dealership about our trade in and cash, they sold it ..well we said can we get our 2100 back 1800 for trade in plus 300 cash ..they dismissed our question...Dealership told us to surrender vehicle and next month they wouuld try to finance us.. We contacted local attorny she said get your money back first then surrender. we like ok.. Told dealer no dice till we get our money back.. Called us next day with agreement to give it back..Then I was nah I want the car ..they were like u cant do that .. So after arguing with them the Dealer Main GUY calls me with ... new idea how about 4800 for your trade plus 300 u keep car and we have u financed... He said I will send the contract overnight sign send back overnight at his charge..we were like arlight now they are talking...telling this to a friend he told me They cant Repo your car only the lein holder can, hence forth the finance co or lein holder doesnt want anything to do with us or any lawsuit..
    Now the Q: 1. Can a third party (dealership)in WI repo your vehicle, w/o court order..Only I and the finance co are leinholders and that is it,(not dealership)?
    2. Can I sue for ownership against lein holder since they did not finance us, even thou they are on lein.. remeber they delined our payments
    I am not trying for a free car but they tried to scam us and I belive the should be punished for their quick sale tactics..Please give us an knowledge or lawyers in wi that have ever delt with this situation.thanx
    Last edited by katiereynosa; 12-25-2007, 07:15 PM. Reason: title not right

  • #2
    Buying anything which is considered as Secured

    When you drove the car off the lot it was AFTER you had signed papers correct? Read the contract, generally the contract will have a clause which reads that if they are unable to find you a willing financier that you agree to surrender the vehicle On Demand. You have been demanded to do so, by not following the letter of the contract you are now in default, not only can they reposses the vehicle, they can list you as a non-payment.

    The fact that you offered to pay the dealership a PAYMENT is irrelevant since they are not a loaning institution and have carefully crafted their contract to cover such a situation. You need to return the car under their terms in order to preserve whatever credit rating you currently have. What they "Supposedly Said" at the time of signing the contract is irrelevant to your signature on a contract stating otherwise.

    ALSO should you happen to return the vehicle in less than perfect condition they can charge you with repairs of dings and scratches and any other defect that occoured while in your possesion. Your early possesion was contingent on their ability to find someone to finance you. If there was a single bit of information you failed to inform them of about your credit-worthyness, they will win in any court based on the LETTER of the CONTRACT you signed.

    Read your contract, you must opperate under anything you signed or initialed during signing.

    The most common responce to "BUT THE SALESMAN SAID . . ." is. "He was new and misunderstood the information you provided, since you signed the contract, that is what has to be used."

    Good Luck.

    Truth in Lending requires that they allow you to READ the contract before signing and if within 24 hours you discover a problem with your understanding then you can return the vehicle with no fault. AFTER 24 hours it is assumed that you have accepted the contract as SIGNED, reguardless of the conversation as the time of purchase.
    What is veiwed is not always what is seen and
    what is heard is not always what is spoken!
    ~M. Noitall~

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