Part IRelevant Facts
The facts that are relevant to Benner’s spot delivery claim are (Session 6: Buying a Car):
1) On January 13, 2016, Plaintiff bought a 2012 Chrysler 300 (“the vehicle”) from Defendant
2) When Plaintiff bought the vehicle, she signed a retail purchase agreement and a retail installment sale contract. See Exhibit 1, “Contract.”
3) According to the contract, the Plaintiff agreed to a total sale price of $29.860.80. 10. Of the $29,860.80, $300.00 was a dealer processing charge.
4) The interest rate on the contract was 23.25 percent.
5) On January 13, 2016, Defendant told Plaintiff that Americredit Financial Services Inc. (“Americredit”) would be financing her vehicle.
6) As part of the retail installment sale contract Defendant assigned his interest in the vehicle to Americredit.
7) That same day, Plaintiff and Defendant signed an “Agreement to Provide Insurance” that indicated that Americredit required
the Plaintiff to obtain insurance for her vehicle and to show Americredit proof of insurance.
8) On January 13, 2016, Plaintiff paid $1,000.00 as part of her down payment...
Exhibit 2.
10) On March 17, 2016. Defendant contacted the Plaintiff by phone notifying Plaintiff that Plaintiff needed to return the vehicle because Defendant was unable to obtain financing.
These facts clearly show that the plaintiff had the vehicle for more than 4 days, which is all that is allowed to the dealer to find financing. In this case, the dealer went for more than 2 months before trying to cancel the deal. At that point, the deal was already well in place and could not be canceled according to spot delivery law. The dealer violated the contract in trying to take back the car. The dealer gave the buyer the impression that Americredit was the financier and that impression lasted well beyond the initial four days—and yet as the plaintiff makes clear in the previous facts, the contract was signed on January 13 and title was given on February 12 and it was not until March 17 that the dealer requested the car back saying it was unable to find financing. The dealer was beyond the four days required by law and thus was not…
