Central Kia, Yo-Yo, refusing to funish copies of papers Lewisville Texas
A yo-yo is when a car company has you sign all the papers for a new car then calls you back in a couple of weeks and tells you they were unable to get you financed so if you want to keep the new car your payments will increase tremendously. This is illegal.
A dealer does not give you a copy of all papers at time of signing, stating they will mail them to you later. This is done so you will not have a copy of a binding contract. This is illegal.
Unfortunately, places like Central Kia of Lewisville, us these tactics on young people, like my son and daughter-in-law, both students at UNT with 2 small children who wanted their first new car so badly that the dealership thinks they can get away with it. The sad part is they do get away with it because the people they do this to do not know where to turn for help nor have the money for a private attorney.
Fortunately, in this case, my children were smart enough to demand the used car back they had traded in on the new one instead of induring payments they new they could not afford.
Always, always demand a copy of a contract the minute you sign it, no matter what it pertains too. If they won't give you one. Walk away. The deal is no good.
Glenna
Flower Mound, Texas
U.S.A.
3 Updates & Rebuttals
John
McKinney,Texas,
U.S.A.
Legal.
#4Consumer Comment
Wed, October 08, 2008
First of all, I'm no employee of Central Kia, and I'm not defending them in any way. They are the absolute bottom feeders of car dealerships. I'm just saying that what they did is not illegal.
For your son or whatever to take immediate delivery that day, they had to sign a conditional delivery form. If they didn't sign it, I'm sure Central Kia would not have let them leave with the car. If you son / daughter wants to make sure this never happens again, tell them not to sign the conditional delivery form. They wouldntbe able to go home in their new car the same day. They would have to wait until a loan funds for them, but if thats what floats your boat, there ya go.
A conditional delivery is not illegal in any way, shape, or form though. When buying a new vehicle, I am more than happy to sign one so I dont have to wait to get my new car....but that's just me.
Netta45
Azle,Texas,
U.S.A.
Illegal? Yes.
#4Consumer Suggestion
Wed, August 20, 2008
Here's a bit of information for you and everyone else who is employed with you, and some advice and help for those who have fallen victim to your company practices.
This information is from the Texas Attorney Generals Office.
"Make sure that the final price you base your decision on is the final price of the car, with all the features you want...and nothing else. The Attorney General sued 14 car dealerships in 2004 for requiring consumers to purchase fuel and maintenance discount coupons that they didn't want, adding in some cases hundreds of dollars to the purchase price of the cars.
You will have to sign a purchase contract. The contract protects you as well as the dealer, so do not skip this step or hurry through it.
* Do not sign the purchase contract until you have read and understood everything in it.
* Do not sign the contract if it has blank spaces.
* Do not sign the contract if it contains clauses or terms that are different from what the salesperson said to you.
If the salesperson takes the contract to a superior "for approval," do not sign it until you make sure they have made no changes. If they have made changes and you agree to them, make sure you and the seller both initial the new language.
If you are financing the car, make sure you understand:
* how much you will pay and how often;
* how many payments you must make in total;
* how much you will have paid in total;
* what the annual interest rate is.
This next section is from
TEXAS BUSINESS & COMMERCE CODE
CHAPTER 17. DECEPTIVE TRADE PRACTICES
17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL.
(a) False, misleading, or deceptive acts or practices in the
conduct of any trade or commerce are hereby declared unlawful and
are subject to action by the consumer protection division under
Sections 17.47, 17.58, 17.60, and 17.61 of this code.
(b) Except as provided in Subsection (d) of this section,
the term "false, misleading, or deceptive acts or practices"
includes, but is not limited to, the following acts:
(1) passing off goods or services as those of another;
(2) causing confusion or misunderstanding as to the
source, sponsorship, approval, or certification of goods or
services;
(3) causing confusion or misunderstanding as to
affiliation, connection, or association with, or certification by,
another;
(4) using deceptive representations or designations
of geographic origin in connection with goods or services;
(5) representing that goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, or quantities which they do not have or that a person has
a sponsorship, approval, status, affiliation, or connection which
he does not;
(6) representing that goods are original or new if
they are deteriorated, reconditioned, reclaimed, used, or
secondhand;
(7) representing that goods or services are of a
particular standard, quality, or grade, or that goods are of a
particular style or model, if they are of another;
(8) disparaging the goods, services, or business of
another by false or misleading representation of facts;
(9) advertising goods or services with intent not to
sell them as advertised;
(10) advertising goods or services with intent not to
supply a reasonable expectable public demand, unless the
advertisements disclosed a limitation of quantity;
(11) making false or misleading statements of fact
concerning the reasons for, existence of, or amount of price
reductions;
(12) representing that an agreement confers or
involves rights, remedies, or obligations which it does not have or
involve, or which are prohibited by law;
(13) knowingly making false or misleading statements
of fact concerning the need for parts, replacement, or repair
service;
(14) misrepresenting the authority of a salesman,
representative or agent to negotiate the final terms of a consumer
transaction;
This is just a portion of the code but you can read the entire code on the state legislation website. http://www.capitol.state.tx.us/
I hope your team will start operating legally. It seems as though you've made a lot of enemies.
Good Luck
John
McKinney,Texas,
U.S.A.
illegal?
#4Consumer Suggestion
Sat, November 17, 2007
Glenna, I'm not sure where you practice law, but I'm pretty sure your son and daughter in law were given and signed a "conditional delivery" paper when the did their paperwork. It is actually common practice to do so. The conditional delivery agreement will stipulate that the contract is not binding until a financial institution funds the loan that was signed for. It is a common legal document because usally, no bank actually funds a loan for a couple days, even if you have good credit.
Usually, when a dealership, especially a low end dealership like Kia, signs a car deal, they are gambling they can get the loan "hung" by a bank. If they are unable to secure financing, they have to take the car back (in accordance with the conditional delivery agreement). If this happens, they are out time, money, and mileage on the car. If the financing they secure is not as good as what the original agreement stipulated, there isn't a whole helluva lot they can do about it. Either the customer signs under the actual terms, or returns the car.
In short, the Kia dealer was doing what Kia dealers are supposed to do. I'm thinking they probably didn't violate any laws, as you asserted.