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Lying about car loan and financing rate

Is it illegal in Massachusetts for a used car dealer to get you to put down a deposit on a car based on a promised financing rate then tell you you have to pay a higher rate because you did not qualify for the the better rate? I mean is there some specific law that I can show him to help get my deposit back?

Editor's Response

I do not know the exact circumstances of the incident you describe, and your outcome will depend on what, exactly, the dealer said.  I will assume the dealer will argue that he or she did not promise a rate, but merely told you what rates you might qualify for.  In any case, there are regulations promulgated pursuant to Massachusetts General Laws Chapter 93A, our consumer protection act, that spell out certain specific acts that are considered unfair and deceptive.  940 CMR 3.05 prohibits "General Misrepresentations" as follows:

 

No claim or representation shall be made by any means concerning a product which directly, or by implication, or by failure to adequately disclose additional relevant information, has the capacity or tendency or effect of deceiving buyers or prospective buyers in any material respect. This prohibition includes, but is not limited to, representations or claims relating to . . . financing relating to such product . . .

 

Hope that helps.  I don't know how much money you gave as a deposit, but you might also try calling the hotline at the Massachusetts Office of Consumer Affairs at (617) 973-8787.  For more information or to post a question, visit our Massachusetts Consumer Law Discussion Forum.

 

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