SPOT DELIVERY OR YO-YO SALE
If you took possession of the vehicle, had it insured by your insurance company and got a
NC DMV temporary plate or transferred your old license plate to the vehicle, the vehicle is yours.

If the dealer calls you later and demands more money, demands that you sign a new loan agreement or threatens to take the
vehicle, the dealer may be in violation of several laws.

What is happening here? The industry has given it a name: Spot Delivery, a description which refers to the dealer placing a consumer in a vehicle "on the spot", to get the sale, only to "yo-yo" the consumer back at a later date for additional funds and to sign a new loan agreement.

Played to perfection, a dealer can reap thousands of dollars in unearned fraudulent gain by keeping your down payment or your trade- in vehicle.

* Remember that if you have signed papers, had the vehicle insured and had you old license tags moved to your new vehicle or had a NC DMV temporary tag put on the new vehicle, you own the vehicle, regardless of whether the vehicle?s financing has been accepted by a third party.

* A finance document showing payments, deposit, interest rate and other financial items is a binding contract, giving you specific legal rights. It names the creditor.

* You own the vehicle subject to making payments only. The dealer cannot change that once you take possession, have the vehicle insured and licensed by the NC Dept of Motor Vehicles.

* Keep all copies of your paperwork and anything else associated with the sale (including calendars, photographs, advertisements). If the finance manager asks for your papers at any time for any reason, refuse! Keep these documents in a safe place, not in the vehicle.

* If you are called back to the dealership to sign additional papers, either do not go or go back in a different vehicle than the one you bought. See what the dealer has to say at that time with a witness.

* Have a friend or spouse drive you and witness whatever is being told to you. This will prevent the dealer from taking your vehicle as hostage, an all too common happening.

* If a dispute arises with the dealer over the contract and the dealer demands the vehicle is returned, park it in a garage or remote location until the matter is resolved, to prevent it from being taken against your wishes.

* Put together a complete time line of everything that happened from the time you thought of purchasing the vehicle until the vehicle was taken away by the dealer. Try to remember specific names of dealership personnel and any statements that were made to you during conversations with the sales and finance staff. Keep track of all telephone calls and of any threats made by the dealer.

* Keep track of all monies you had invested into the purchase, including registration, insurance, down payment and trade. Keep copies of registration and titles of all trade ins. Never pay cash and always get a receipt!

* Contact your local NC Department of Motor Vehicle Enforcement Officer and inform him of what is happening and ask his assistance.

If you believe you are a victim of a Spot Delivery or Yo-Yo scam and wish to discuss it with a consumer attorney, call 919 286-4204 or 800-548-9892 or contact us by e-mail at info@nclemonlaw.com. Based on the information you provide us, an attorney will discuss your claim with you. If we do decide to represent you, we are paid a fee only if we collect.