Last month, a Chicago man named Emmanuel put down a $1,950 deposit for a new truck at an Elgin dealership. Although the dealer gave him the car, they called 15 days later to tell him he was not approved for financing and that he needed to return the vehicle. To make matters worse, he would only be refunded $400 of his original deposit.
For help unpacking this situation, Telemundo reached out to Greg Moss, co-founder of Krohn & Moss, Ltd. This practice, known as “spot delivery,” Moss explained, is common in the automotive industry.
Spot delivery is the practice of letting a buyer drive their new car home before financing is finalized. While it may be convenient in the moment, it can cause issues later down the line if the buyer’s application is not approved.
While technically legal, Moss says, dealerships must play by the rules to protect consumers.
According to the Illinois Consumer Fraud Act, when financing falls through after the buyer has already made their down payment, they’re entitled to a full refund of the initial payment. When this doesn’t happen as it should, it’s important to reach out to a lawyer or consumer protection agent for help.
Luckily, the buyer did just that. After talking to the financial company responsible for approving the vehicle paperwork, Emmanuel reached out to the Illinois Secretary of State. Just a few days later, an agent visited the auto dealership, spoke to the owner, and straightened everything out.
Thanks to their help, Emmanuel has now received his full refund of $1,950. Watch the full story by Telemundo.