Car loan denied; can dealer charge restocking and mileage fees?

September 24, 2014 23:30 by Consumer Ed

Dear Consumer Ed:

Is it legal for a car lot to charge a re-stocking fee and 50 cents per mile on a car because the loan was not approved?           

Consumer Ed says: 

It sounds like you entered into a conditional sales agreement known as a “spot delivery” transaction.  With spot delivery, the buyer takes possession of the vehicle “on the spot,” upon making a commitment to finance the vehicle, but not yet having a definite arrangement for financing with a bank or finance company.  It would appear that you negotiated loan terms with the dealership and agreed to buy the car only if a lender agreed to finance the deal according to those terms.   The car remains the property of the dealership until a lender finances the deal.  Since the dealership was not able to find a lender to finance your deal, the dealership may be entitled to order you to return the car and to pay for its temporary use.

The amount that you may be charged for using the car depends on the agreement you signed prior to taking the car off of the lot.  Dealers who offer spot delivery usually require potential buyers to sign a “bailment agreement” outlining what would happen if the dealer was unable to secure financing with a bank or finance company.  If you signed a bailment agreement, and if it includes a reasonable restocking fee and per-mile fee, then these fees are likely legal.

However, even if the fees are legal, the dealer could still be in violation of the Governor’s Office of Consumer Protection’s Auto Advertising and Sales Practices Enforcement Policies.  For example, if the dealer represented that you had been approved by a prospective lender prior to your purchasing the vehicle, it would be unfair and deceptive for the dealer to require you to return the vehicle for an alleged failure to obtain lender approval. In that event, the dealership should also return any down payment you made on the vehicle if you are denied credit approval and choose not to pursue any other financing options.

You have additional rights if you traded in a vehicle as part of your transaction.  First, the dealer should have retained both title and possession of any such vehicle until financing is actually approved.  Second, if you choose not to execute another finance agreement for the purchase of your vehicle, the lot must immediately return your old vehicle to you.  If you believe the car lot engaged in any of these prohibited practices, you may file a complaint with the Governor’s Office of Consumer Protection by visiting www.ocp.ga.gov/consumer-services/filing-a-complaint, or calling 404-651-8600.

To avoid this situation in the future:

  • Prepare in advance.  Shop for financing as you shop for a vehicle.  Ideally, arrange for financing ahead of time through your bank or credit union so you know the amount of money you can borrow.  At least contact them to find out what interest rate you would qualify for, so you can compare this with the dealer’s financing offer.
  • Read through all documents thoroughly before you sign. If there are any blanks left in the contract, you and the dealer should complete them before you sign.  Ask questions if there are items you don’t understand.
  • Get everything in writing. Insist in advance on a written assurance that if your financing should fall through, your deposit and your trade-in will be returned to you; or, if credit terms change, you may cancel the deal.
  • Wait until financing has been approved.  If you do work with the dealer to secure financing, seriously consider waiting until financing has been approved before you take possession of the vehicle.

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Septic service company misled me about repair costs

May 9, 2014 21:55 by Consumer Ed

Dear Consumer Ed:

I had an issue with our septic service and got a quote from a company who said they could fix the problem for $195. After coming out to my property, they told me that additional work would be necessary, which would cost between $2,000-$3,000.  I told them I could not afford that, but they warned me that if I neglected to have the additional work done, I would end up having severe sewage issues.  I don't think it's fair that they gave me a low estimate and then tried to force me to pay ten times that much.  What can I do?

Consumer Ed Says:

It sounds like the septic company's $195 offer was misleading.  Under State and federal law, it's considered deceptive and misleading to advertise goods or services if you don't intend to sell them as advertised. One form of this is "bait advertising," which is an alluring but insincere offer to sell a product or service which the marketer doesn't actually intend or want to sell as advertised.  Its purpose is to switch consumers from buying the advertised merchandise or service in order to either sell something else, or sell the same thing but at a higher price.  

If the quote provided to you wasn't a bona fide or genuine offer, it could be considered deceptive and misleading.  However, establishing that an offer or quote was not made in good faith can be tricky.  If the company disclosed that the actual price of septic services may be more than the quoted price based on the actual condition of your septic system after an inspection, the lower priced quote-though possibly what lured you to schedule an inspection-may still be legitimate.  An important point:  any difference in the price of merchandise or services from the prices in an advertisement should be fully disclosed before the purchaser becomes financially obligated for the goods or services.

If you believe the septic company you dealt with misled you by offering a flat rate and then refusing to stand by it, see below for agencies you can contact to voice your concerns.  Before hiring a septic company, the best thing you can do is ask questions and seek out information, so you can make informed decisions.  Below are a few tips to consider if you think you may need your septic system serviced.

Ask for referrals: Check with friends, family members, coworkers and neighbors for company referrals. Your own personal network may be your best source of information.  Ask if they were happy with the work performed on their septic system, what work was done, the price paid and if they would hire the same company again.

Ask for quotes:  Call different septic tank service and pumping companies, get quotes (at least 3), and compare them.  Consider their prices, additional fees, services covered under the quote and whether the company guarantees their work.  If possible, get the quote (and the terms of the quote) in writing.

Ask questions:  When you receive a quote, ask questions before scheduling a visit.  For example:  Will I be charged anything for you to just inspect my system? What exact services does the quote cover?  What is the maximum amount of waste that will be pumped under the quote?  Does your quote include all fees? What additional fees may I be charged?  What guarantee do you provide on your services?

Be on the lookout for additional fees: A septic service company may add additional fees to their service price.  Make sure you know what other fees are possible so that you're not caught unaware once the company is at your home.  Ask what additional fees are typical or what the company normally finds in these circumstances that may involve additional fees.  Septic companies often name their fees differently but a few common fees include:  extra sludge fee; over the line fee (when your septic tank is overflowing and they charge extra for pumping because you've exceeded the tank's capacity); tank opening fee or entry fee; digging fee; confined space fee; additional hose fee; trip charge; service or estimate charge; and diagnostic fee.  Again, any additional fees, as well as a clear explanation for them, should be disclosed to you before you sign any agreement and/or become financially obligated for the service.

Verify the company's certification: Septic tank contractors must be certified by the Department of Public Health (DPH) to operate in Georgia, so you should check that the company you are considering is properly certified.  Visit the DPH Wastewater Management webpage at http://dph.georgia.gov/wastewater-management and check the certified companies listed under the "Homeowner Resources" section.  For the most current information, you can also contact the State Environmental Health Office at (404) 657-6534. 

Educate yourself: A deceptive company may try to take advantage of your lack of knowledge, so it's a good idea to know the basics about septic systems generally and about your system specifically (for example, where your tank and absorption field are located and your septic tank's capacity). The DPH offers an informational video titled Understanding Your Septic System as well as A Homeowner's Guide to On-Site Sewage Management Systems to educate homeowners on septic systems. 

Take action: If a septic company has been deceptive or used misleading practices, including bait and switch tactics or generally deceptive advertising, you should try to resolve the dispute with the company first.  However, if you are unable to resolve the problem with them directly, you have several options:

 

  • Take your business elsewhere. If you believe a company is being deceptive or has misled you, the best thing you can do for yourself and for other consumers is to not do business with them.
  • If appropriate, file a complaint with your county environmental health office. County offices handle local septic system inspections and permitting. If you believe the company you dealt with violated DPH rules and regulations (for example, punching holes in the septic tank, not properly disposing of waste, installing or changing a septic system without a permit, operating without being certified, etc.), you can issue a complaint with your county environmental health office.
  • File a complaint with the Better Business Bureau. Visit https://www.bbb.org/consumer-complaints/file-a-complaint/get-started and follow the instructions provided.
  • File a complaint with the Governor's Office of Consumer Protection. Visit our website at http://consumer.georgia.gov/consumer-services/filing-a-complaint and follow the instructions provided. 

 


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Are electronic signatures legally binding?

January 9, 2013 18:43 by Consumer Ed

Dear Consumer Ed:

I hired a company to clean up some water damage. I had to sign an agreement by using a computer device the company brought to my home. It turns out, I agreed to more than I thought.  Are there any safeguards for consumers when signing an agreement on a computer screen?  Is it the same as signing a piece of paper?

Consumer Ed says: 

Based on the Uniform Electronic Transactions Act, which has been adopted by the Georgia legislature, a signature is not considered invalid solely because it is in electronic form.  If a signature is required on a document by law, an electronic signature satisfies the law.  Therefore, your signature on the computer device could have created a binding contract between you and the company that cleaned the water damage in your home.  However, it has to be an otherwise legal contract, which means it must contain all elements of a legal contract. These include: appropriate and clear recitals of subject matter, consideration, price and key terms. If you suspect that the contract was deceptive or fraudulent, or that the company failed to provide the service it promised, you should contact an attorney to discuss your options.

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