Upstate Woman Told To Return Car After Putting $4,000 Down

"They told me it was my car and they would call me the next business day to let me know who financed me," said car buyer Illyse Bearden.

Bearden said she didn't hear from Automax in Easley for several weeks after she took her car home on February 11th.

"I've called them twice a week for three weeks and finally got in touch with them and they told me I needed to put another $1500 down in order to secure my loan," said Bearden. "I told them I wasn't giving them any more money. They told me that they were going to report the car stolen if i didn't come and bring the car back and they gave me 30 minutes to get the car back or they were going to report it stolen."

Consumer advocates call the practice "spot delivery", the dealer approves you on the spot only to come back on a later date asking you for more money. The Upstate Better Business Bureau's President, Kathy Barrett, told us this isn't the first time they've had to deal with this kind of complaint about Automax.

"The company has other issues of this nature and they do have an "F" rating with the Bureau because they are having problems with this type of business practice," Barrett said. Click here to see the Easley Automax rating with the BBB.

Automax owner Tony Porter was not available to speak with us on camera but told us he didn't know about the failing rating with the BBB. He also said neither he nor his employees told Bearden they would report it stolen. He said they offered her a chance to get other financing on her own. Bearden says that's not true.

We asked News Channel 7 legal expert attorney Ken Anthony to review the documents we received from Bearden. Anthony told us as long as she pays in full the car is hers.

"She's got the car and she gave them her money so I don't think they have the right to come and repossess it," Anthony said. "They don't have any document that I've seen that would give them the right to come repossess the car."

Anthony advises consumers take the time to understand every document they sign before they drive off even if it means having a trusted friend or attorney review it first.

"First-time, second-time, fifth-time car buyers all need to read their contracts and that's something most people don't do," Anthony said. "They're in a hurry, they want to drive off in their new car and it's fine print and they don't understand all of it if they read it, so they just sign."

Luckily for Bearden she secured her own financing and plans to pay for the car in full today, putting an end to an ordeal she hopes others won't have to face.

The Better Business Bureau wants you to know there are plenty of upstanding dealerships that do not engage in spot delivery or "yo yo deals" as they are also called. You can protect yourself before making a car purchase:

-Select a reputable auto dealer. Check with BBB and your state department of consumer affairs.

-Shop for financing before you head to the dealership.

-Review all documents and make sure the dealer signs them and gives you copies.

-Do not drive off unless your financing is approved and secure!

-For more information click here