Is a car dealership allowed to force me to fill out a financing form when I am buying the car straight out?

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Is a car dealership allowed to force me to fill out a financing form when I am buying the car straight out?

I was basically intimidated into filling out an official auto financing form from the dealership, even though I bought the car straight out. I was told that if I didn’t fill out that form they wouldn’t sell me the car. The only reason I didn’t walk out of there right then and there is because I had been looking for that car in that price range for a while and needed it. I also had no clue that cashier’s checks could even be cancelled, especially not over the phone.

Asked on May 20, 2012 under General Practice, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, you were not "forced" to fill out the form--there was no illegal coercion, threats, or pressure from what you write. Instead, it appears yuou were "intimidated" into filling out the form, because they wanted you to and said they need you to in order to sell you the car. That would be legal--you had the right to simply walk away if you didn't like their terms or business practices, and the fact that you "needed" the car or had been looking for one like this for a long time does not matter. Adults are responsible for the transactions you enter into and contracts you agree to; when you don't like the terms, trust the other party, and have any misgivings, you are expected to either negotiate better terms or not enter into the transaction. You cannot sign some document or agreement, then use the fact that you felt "pressured" as grounds to later modify or rescind it.

If you are a minor (less than 18), then you may be have grounds to rescind the contract (return car, get money back) since, depending on your exact circumstances (e.g. emancipated or not), you may not have been able to enter into the contract.


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