If the salesman at a dealership lied to me when I purchased a truck, is there anything that I can do?

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If the salesman at a dealership lied to me when I purchased a truck, is there anything that I can do?

I recently purchased a truck at a dealership and traded in another vehicle for it that was under my grandfather’s name. The sales man told me that they needed my grandfathe’rs info for title purposed to the trade-in. I called the bank later and found out that they used his info to co-sign and we did not give permission for that. When I asked about this the salesman told me that it was a new law that came into effect and that they did not have the new paperwork yet but that they were not going to use him as a co-signer. Is there anything we can do about this?

Asked on August 3, 2011 Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Someone cannot be held liable on a note that they did not contractually agree to.  It sounds as if your grand-father specifically consented to a truck in his name to be used as a trade-in... and that's it.  If he didn't agree to more than that, yet the dealer is still trying to add him as a co-signer, then you need to get copies of all of the paperwork involved.  To consent they would need a signature from your grand-father.  If someone else signed for your grand-father, there may be a possible criminal charge of forgery.  Additionally, depending on the paperwork, you may also have a civil claim for a violation of the Deceptive Trade Practices Act.  The full breath of your remedies will turn on what is in writing and what they told you.  Several mortgage companies mocked up documents a few years ago to get people approved for credit that did not otherwise qualify.  This may be a similar scheme.  If it is, you may also want to file an online complaint with the Texas Attorney General since they have been involved in the prosecution of these types of cases.


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