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Full Version: Illegal contract? What next?
CreditBoards > Financing > Automotive Financing
Jeeplady
My ex-boyfriend and I purchased a minivan titled and financed together with Ford Motor Credit. We have both worked in the F & I depts of different dealerships and the van was purchased from his dealer. We both signed the purchase agreement, titlework and finance contract with FMCC. We broke up a year ago, he kept the van and was making pymts up until 2 months ago. In speaking with FMCC and reviewing the docs, I found he signed both as buyer and as seller for the dealership. Another car guy told me this is an illegal contract in Minnesota--you can't do both ends of your own deal but doesn't have much 'legal' evidence to support his claim. I had never heard of anything like this before, but I was only in F & I for a couple years. Can anyone help with specific info on the legalities of this? If it is illegal....what next? Do I contact an attorney, let Ford know, or what? He is threatening to let the van go repo and I would like to be off the hook, one way or another.
MarvBear
I have always refused to sign as dealer representative on any vehicle I have purchased/leased. I always have had another authorized dealer representative sign on behalf of the dealer to avoid any "conflict of interest" or interpretations thereof.

I am not a legal expert, but terribly opinionated in any case. So if he was one of the purchasers on the contract, then his signature is valid as a purchaser. Likewise if he was at the time of the sale an authorized signer on behalf of the dealership, then that signature should be legal also.

I have always avoided this type of situation personally, simply out of professional courtesy to my associate management staff, so no one could ever say I was taking unfair advantage of my position and so no one would say conflict of interest.

My opinion should not be construed as final, nor should it be construed as legal advice. Perhaps there are others who have different opinions and have links to support such.

I do not, as I have merely expressed a personal viewpoint.
MarvBear
crosslinking to pertinent thread

http://www.creditboards.com/phpBB2/viewtop...ghlight=#323358
Jeeplady
Thank you for linking Marvbear.....that was my thread a week ago....in MN, I would have to take him to small claims court and sue for replevlin to take possession of the van. That could take awhile and as he is not making payments Ford would probably repo before we got to court. I realize I signed on the contract, but I would love to find a loophole out of this mess before my credit gets ruined. Any advice appreciated.....
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