Saturday, October 31, 2009

Issue with car loan?

my brother got a car last may and my sister cosigned for it. Now they are finding out the car place put the car 100% in my sisters name. My brother is paying for the car out of his pocket but my sister is getting the credit for the payments. Also my brother traded his tracer in on the car and they put the car in her name and the car was under his name. Because the car dealer lied to them what can they do to legally straighten this mess up? He wants the car in his name but no one will refinance it because of his credit. Is there a place that they can file a complaint against the car dealership? thanks



Issue with car loan?

You need to go back and look at the paperwork your brother and sister signed. If they agreed to this in writing, and signed it, then it does not matter what was said. If the dealership did not follow the written agreement then they have to fix it because it is fraud. You may need to file suit in small claims court. You can also complain to the credit bureaus like Equifax and Trans Union if the signed deal was not the one implemented.



Issue with car loan?

If he is driving the car, and otherwise wouldn't have been able to buy it, then he probably needs to shut up, and keep paying the payments - it's not the car lots fault that he has bad credit.



Otherwise, he could try selling the car for enough to pay it off (usually not feasible, since they depreciate rapidly the second you drive them off the lot) pay off your sister's loan, and then go buy something that he can actually afford.



All of that said, the car lot shouldn't have been able to put a loan in your sisters name without her actually signing all the paperwork as the primary loan applicant. Unfortunately that won't change the fact that he couldn't have bought the car otherwise.



Issue with car loan?

If his name was not on the contract, then there is nothing legally he can do.



The only way it could be in your sisters name only is if she was the only one who signed the contact and paperwork.



Issue with car loan?

Your a victim of a scam called THE STRAW PURCHASE its not legal and many states will have stiff fines for the dealer, i dont know your state but google your state laws - straw purchases.



Here is how it works, Some buyers credit are so bad that with a co-signer cant get approved but the co-signer can be the buyer and get approved, when a buyer gets approved with a co-signer both names are on bill of sale, in your case i bet only your name.



Its called the straw dealer paper shuffle scam, most likely you signed seperate bill of sale contracts and only your sisters was submitted which does not help his credit one bit. if you cant find a contact through fraud state laws then contact BBB in your area, from there lawyer.You have a strong case against the dealership but as for your brother getting a car there are steps how to improve his rating. go to my website http://www.usedcartips.org/ and navigate to I GOT POOR CREDIT form there study some steps

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