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Georgia permits something known as “spot delivery”, a term that allows the buyer to take delivery of the car before the loan has been approved. In cases of used cars and buyers with less than perfect credit, this can often result in sales where the terms change after the fact. Buyers who took delivery of a vehicle in good faith will often find out that the interest rate will be higher than stated on the sales agreement or that the price may have changed.
Georgia requires used car dealers to post a bond of $20,000 which provides restitution should the dealer go out of business or fail to transfer a car’s title. That money could be used to return some money to consumers. The problem is that these days, a single car could cost $20,000 meaning that the bond would cover, at most, only one buyer who got a raw deal. There have been cases of dealers going out of business while owing dozens of people money; the bond, higher in virtually all other states, won’t cover that.
What are Georgians to do? For starters, they should exercise extraordinary caution when purchasing a used car. Another alternative would be to buy a used car from another state, though Alabama and South Carolina also have fairly weak used car laws. One could also buy a used car on the Internet. Under current Georgia law, the rules favor the dealer, so it might not be a bad idea to consult with an attorney prior to making a used car purchase. It’s better to be safe than sorry.
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