My husband and I reached out to this dealership and spoke with Tom. We were honest with Tom about our situation. After losing our car from an accident where a drunk driver totaled our car at 55 mph. I am disabled, fighting for permanent as my temporary disability expired. That we only have my husbands income and due to all of these unfortunate things, how our credit was affected terribly. He said that shouldn't be an issue as he has worked with worse. We started sending him proof of my husbands income before ever meeting with him because we wanted a nissan from this dealership. When we showed up and met with him is when he told us that unfortunately, he could not get us approved for the nissan, but could get us approved for a more expensive and older prius. My husband and I were disappointed, but decided it wasn't that bad of a deal and we were thinking of hybrids so why not. We need a car. In order to finalize the approval, we sat with Tom for hours, giving all of our personal information, paystubs, statements, ect. so that he could send it all to the bank. After all of that, he comes back to us and says "congratulations, they approved it" so we proceeded with signing the contract. He then tells us that the bank will be calling in a few days just to verify income and may need us to resend the proof of income. We thought that was odd, but hey, we got approved. We signed the paperwork, just don't question it. Lol. We ended up taking the vehicle back due to faulty brake pads and faulty shocks. While the car was in the dealerships maintenance department, Tom calls and tells me that the bank backed out of the loan because my husband "couldn't keep his mouth shut" verbatim. He claimed that because my husband told the bank that Uber wasn't as consistent as grubhub and doordash, that it's his fault and he ruined the deal. Tom and the bank (lender) had verifiable proof of the income and would have seen that it wasn't as consistent as my husbands other sources of income anyway so my husband was simply speaking truth. The truth that Tom knew of already. It seems as though Tom did what's called a spot delivery and we were unaware. The bank never approved the loan. He told us that they did, took our down payment that the bank requested and let us drive off with the car. He is now trying to strong arm us into another deal that costs more of a down payment as well as more per month. He refuses to give us back our down payment of 1,800 dollars which was contingent on financing. Financing that we weren't approved for. There are laws that I have cited to him that protect consumers from this kind of thing, which he refuses to acknowledge. On another review, he even accused my husband of lying about his income and consistency. Tom himself went over my husbands income, paystubs, statements and even came up with a number amount that my husband makes per month and based on that, we were approved. We gave him everything like an open book and because we just want our down payment that was towards a financing deal that never went through instead of being pushed into taking a worse off deal, he refuses to give us that down payment and says it's because my husband "couldn't keep his mouth shut". I am appalled and deeply devastated by this experience. I would not recommend financing through this dealership. The better business Bureau rated one of his lenders at a 1 star. We were robbed and I will be fighting this.
Response to Tom. This was not a cancelation. I did not cancel anything so that does not apply here.
We did not cancel the deal -- the bank did. Yes, the dealer offered a cancellation at one point, which we declined because we were under the impression the deal was moving forward. But ultimately, the financing fell through because the bank backed out, not us. Under California law and general financing principles, if a deal is contingent on financing and the financing is not approved, the contract is void and we are entitled to a full refund of our down payment.
Any claim that we "declined a cancellation" is irrelevant -- the deal was never fully approved. The dealership cannot keep our money on a deal that legally never completed. There was no sale. You have the car. read more