Oct 17 2008
If you have a co-signer on your contract, did the salesperson fail to tell you that the co-signer is legally responsible for making the payments?
In some cases, where a customer’s income or credit history is not sufficient to finance a vehicle purchase, finance companies will accept the contract if there is a second individual – a “co-buyer” or “co-signer” – who also signs the contract. The abuse occurs, however, when co-signers are misled about the responsibilities they are accepting. Some customers are told that the co-signer is merely being used as a “reference” and has nothing to do with the car.
Statements like these are false. In the event that payments are not made, the co-signer’s credit can be affected, debt collection efforts can be made against the co-signer, and the co-signer can be sued for the payments that are owed. In short, the co-signer is equally responsible for making the payments on the vehicle. Only sign a contract as a co-signer if you are prepared to accept these responsibilities.
If you are a co-signer and were misled about your responsibilities, consider taking the following steps:
· Get a copy of your credit report to make sure that there are no negative references on your credit as a result of the loan;
· Contact the finance company, explain the fraud that has occurred, and try to get your name off the loan;
· If this doesn’t work, talk to the buyer and see if the loan can be refinanced to take your name off the financing;
· If you find that your credit has been negatively affected, get legal help.