Bad Car Deal and Title Issues

[dad1]

My question involves a consumer law issue in the State of: Oklahoma

My daughter and future son-inlaw went car shoping and found a new car at a local dealership. When i saw the contract it was obvious this was not a good deal. They traded in her car as well has is truck. Both cars are listed on the sales contract but the truck was never taken to the dealer, they kept her car and released the truck to them. The car title is in my name, my wifes name and my daughters name. she signed a power of attorney slip but no other forms on the contract. I refuse to sign over the title due to bad deal. The title reads dad and/or wife and daughter. Not and/or daughter. They said if i don't sign car over she's commited fraud because she said her name was on the title. She's right it is on title but also requires my or my wifes signiture just as she explained to them. She is not on the car note. She was added to the title several months after car was purchased. They need our signiture to do payoff and title change. If we don't sign over title which eleminates the vehicle from the contract is it then a null and void contract. Additional info: Vehicle was bought on a Saturday, Dealer close Sunday and they tried to return vehicle on Monday with less than 300 miles on vehicle. Short of them going to jail or facing any criminal charges I will not sign over vehicle. What are options?

[gigirle]

If your worried about her facing criminal charges my advice would be to make a visit to the local police station to see exactly if she in fact did commit a crime. They are most familiar with the laws where u live. I can't see fraud bc she was unaware that selling the vehicle required your signature she isn't lieing as her name IS on the title. You can also consult a local lawyer for some advice. I would suggest that your daughter not drive the vehicle at all until this mess gets straighted out.
Kids...what are ya gonna do?

[Mr. Knowitall]

The police aren't in the business of telling people whether or not certain conduct is a crime. If you want that type of assessment, you need to consult a lawyer.

If she drove the car for 300+ miles, and title was transferred, she may be able to get out of the contract by selling it back to the dealer, but the dealer would have to resell it as a used car. If that's the case and she wants out of the contract, she should expect to go out of pocket many thousands of dollars to settle her breach of contract.

[dad1]

title not transfered. transfere requires my or my wife sig to transfer title

[Mr. Knowitall]

I thought it was obvious, but... I was talking about the transfer of title of the new vehicle from the dealership to your daughter.

[dad1]

No. My daughter is not on the sales contract in any way. She just sign a power of atty form. She advised the business mgr that she was on the title but not on the note at the bank and it would require my or my wifes signiture to transfer title. The mgr acknowledged that I would have to sign power of atty and title over to them to complete deal. He acknowleded our signiture was needed to get payoff. My stance with the dealer was we're not signing over the car for then deal and theres nothing that can make us sign. They didn't bother to call one of us and confirm any iformation about the title or our williness to sign. Now if they want to keep his truck and rewrite the contract without the car thats all up to the dealer but, it changes the numbers drasticly. However I think the law states "that if they have to remove the car and rewrite a deal he is no longer bound by contract to purchase the vehicle." Being a holiday my atty is not open nor are the local tag agencies.

[Mr. Knowitall]

So the sales contract is exclusively between your future son-in-law and the dealer? But he signed it, traded in his truck, and took delivery of the new vehicle? There's a good chance that he's stuck with the consequences of his bargain, even if he has to make up for not being able to deliver your daughter's car as a trade-in by paying an additional sum of money.

At what point did the dealership learn that your daughter could not convey the car to them without your consent?

[dad1]

While they were in the business office the day of the sale. They haven't even seen his truck. It's still at his apt. I spoke with a gm of another dealership where I have purchased vehicles and he stated " they're just playing hard ball and don't want to loose a sale. If a contract has to be written due to omissons or any part of the deal changing, then there is no binding contract." This sounds good but its not from anyone in the law field. Oh and by the way future son-inlaw is a deputy sherrif. He also made sure they knew title required our signiture.

[dad1]

car deal has be voided. no fraud on daughters part. without car as trade in the contract is voided. I hope they've learned a lesson in this.

[aaron]

If they knew that the deal required your signature before the deal was closed, they really had no business suggesting that your daughter committed fraud or could be prosecuted. They knew she didn't have clear title, and could see quite clearly that you weren't there to either agree to the deal or sign.