With prices averaging
more than $20,000 for a new vehicle and $9,500 for a
four-year-old vehicle, most consumers need financing
or leasing to acquire a vehicle. In some cases, buyers
use “direct lending:” they obtain a loan
directly from a finance company, bank or credit union.
In direct lending, a buyer agrees to pay the amount
financed, plus an agreed-upon finance charge, over a
period of time. Once a buyer and a vehicle dealership
enter into a contract and the buyer agrees to a vehicle
price, the buyer uses the loan proceeds from the direct
lender to pay the dealership for the vehicle.
Consumers also may arrange for a vehicle loan over
the Internet.
The most common type of vehicle financing, however,
is “dealership financing.” In this arrangement,
a buyer and a dealership enter into a contract where
the buyer agrees to pay the amount financed, plus an
agreed-upon finance charge, over a period of time. The
dealership may retain the contract, but
usually sells it to an assignee (such as a bank, finance
company or credit union), which services the account
and collects the payments.
For the vehicle buyer, dealership financing offers:
- Convenience – Dealers offer buyers vehicles
and financing in one place.
- Multiple financing relationships – The
dealership’s relationships with a variety of
banks and finance companies mean they can offer buyers
a range of financing options.
- Special programs – From time to time, dealerships
may offer manufacturer-sponsored,
low-rate programs to buyers.
This booklet explains dealership financing and can
serve as a guide as you evaluate your own financial
situation before you finance a new or used vehicle.
It will also help you understand vehicle leasing.
Before You Arrive at a Dealership
Do some research:
- Determine how much you can afford to finance and
spend on a monthly payment by using the “Monthly
Spending Plan” worksheet in this booklet.
- Get a copy of your credit report so you are aware
of what creditors will see. Errors or accurate negative
information can impact your ability to get credit
and/or your finance rate.
- Identify your transportation needs.
- Check auto buying guides, the Internet and other
sources to find out the price range and other information
for the vehicle you want to buy.
- Compare current finance rates being offered by contacting
various banks, credit unions or other lenders. Compare
bank quotes and dealer quotes; there may be restrictions
on the most attractive rates or terms from any credit
source.
What Happens When You Apply for Financing
Most dealerships have a Finance and Insurance (F&I)
Department, which provides one-stop shopping for financing.
The F&I Department manager will ask you to complete
a credit application. Information on this application
may include: your name; Social Security number; date
of birth; current and previous addresses and length
of stay; current and previous employers and length of
employment; occupation; sources of income; total gross
monthly income; and financial information on existing
credit accounts.
The dealership will obtain a copy of your credit report,
which contains information about current and past credit
obligations, your payment record and data from public
records (for example, a bankruptcy filing obtained from
court documents). For each account, the credit report
shows your account number, the type and terms of the
account, the credit limit, the most recent balance and
the most recent payment. The comments section describes
the current status of your account, including the creditor’s
summary of past due information and any legal steps
that may have been taken to collect.
Dealers typically sell your contract to an assignee,
such as a bank, finance company or credit union. The
dealership submits your credit application to one or
more of these potential assignees to determine their
willingness to purchase your contract from the dealer.
These finance companies or other potential assignees
will usually evaluate your credit application using
automated techniques such as credit scoring, where a
variety of factors, like your credit history, length
of employment, income and expenses may be weighted and
scored.
Since the bank, finance company or credit union does
not deal directly with the prospective vehicle purchaser,
it bases its evaluation upon what appears on the individual’s
credit report and score, the completed credit application,
and the terms of the sale, such as the amount of the
down payment. Each finance company or other potential
assignee decides whether it is willing to buy the contract,
notifies the dealership of its decision and, if applicable,
offers the dealership a wholesale rate at which the
assignee will buy the contract, often called the “buy
rate.”
Your dealer may be able to offer manufacturer incentives,
such as reduced finance rates or cash back on certain
models. You may see these specials advertised in your
area. Make sure you ask your dealer if the model you
are interested in has any special financing offers or
rebates. Generally, these discounted rates are not negotiable,
may be limited by a consumer’s credit history,
and are available only for certain models, makes or
model-year vehicles.
When there are no special financing offers available,
you can negotiate the annual percentage rate (APR) and
the terms for payment with the dealership, just as you
negotiate the price of the vehicle. The APR that you
negotiate with the dealer is usually higher than the
wholesale rate described earlier. This negotiation can
occur before or after the dealership accepts and processes
your credit application.
What Influences Your APR
Your credit history, current finance rates, competition,
market conditions and special offers are among the factors
that influence your APR.
What About a Co-Signer?
You may be allowed by the creditor to have a co-signer
sign the finance contract with you in order to make
up for any deficiencies in your credit history. A co-signer
assumes equal responsibility for the contract, and the
account history
will be reflected on the co-signer’s credit
history as well. For this reason, you should
exercise caution if asked to co-sign for someone
else. Since many co-signers are eventually asked
to repay the obligation, be sure you can afford
to do so
before agreeing to be someone’s co-signer.
Should I Lease a Vehicle?
If you are considering leasing, there are several
things to keep in mind. The monthly payments
on a lease
are usually lower than monthly finance
payments on the same vehicle because you are
paying for the vehicle’s expected depreciation
during the lease term, plus a rent charge, taxes,
and fees. But at the end of a lease, you must
return the
vehicle unless the lease lets you buy it and you
agree to the purchase costs and terms. To be
sure the
lease terms fit your situation: Consider the
beginning, middle and end of lease costs. Compare
different lease offers and terms, including mileage
limits, and also consider how long you may want
to keep the vehicle.
When you lease a vehicle, you have the right to
use it for an agreed number of months and miles.
At lease end, you may return the vehicle, pay
any end-of-lease
fees and charges, and “walk away.”
You may buy the vehicle for the additional
agreed-upon price if you have a purchase option,
which is a typical provision in retail lease
contracts. Keep in mind that in most cases, you
will be responsible for an early termination
charge if
you end the lease early. That charge could be
substantial.
Another important consideration is the mileage
limit – most standard leases are calculated
based on
a specified number of miles you can drive,
typically 15,000 or fewer per year. You can
negotiate a higher mileage limit, but you will
normally have an increased monthly payment
since the vehicle’s depreciation will be
greater during
your lease term. If you exceed the mileage
limit set in the lease agreement, you’ll
probably have
to pay additional charges when you return
the vehicle.
When you lease, you are also responsible for
excess wear and damage, and missing equipment.
You must also service the vehicle in accordance
with the manufacturer’s recommendations.
Finally, you will have to maintain insurance
that meets
the leasing company’s standards. Be sure to
find out the cost of this insurance.
“Keys
to Vehicle Leasing,” a publication of the
Federal Reserve Board, contains more information
about leasing. You can request a copy from:
Publications Services
Board of Governors of the Federal
Reserve System
Mail Stop 127
Washington, DC 20551
This brochure is also available on the Web at:
www.federalreserve.gov/pubs/leasing
Determining How Much You
Can Afford
Before financing or leasing a vehicle, make sure you
have enough income to cover your current
monthly living
expenses. Then, finance new purchases only
when you can afford to take on a new monthly
payment. The “Monthly Spending Plan”
is a tool to help
determine an affordable payment for
you.
The only time to consider taking on additional
debt is when you’re spending less each
month than
you take home. The additional debt load
should not cut into the amount you’ve committed
to saving for emergencies and other top priorities
or life goals. Saving money for a down payment
or trading in a vehicle can reduce the amount
you need
to finance. In some cases, your trade-in
vehicle will take care of the down payment on
your vehicle.
Know the Terms of Financing
Before You Sign
- Negotiated Price of the Vehicle –
- The purchase price of the vehicle agreed upon by
the buyer and the dealer.
- Down Payment –
- An initial amount paid to reduce the amount financed.
- Extended Service Contract –
- Optional protection on specified mechanical and
electrical components of the vehicle available for
purchase to supplement the warranty coverage
provided with the new or used vehicle.
- Credit Insurance
–
- Optional insurance that pays the scheduled unpaid
balance if you die or scheduled monthly
payments if you become disabled. As with most
contract terms, the cost of optional credit insurance
must be disclosed in writing, and, if you want
it, you must agree to it and sign for it.
- Guaranteed Auto Protection (GAP) –
- Optional protection that pays the difference between
the amount you owe on your vehicle and the
amount you receive from your insurance company
if the vehicle is stolen or destroyed before you
have satisfied your credit obligation.
- Amount Financed –
- The dollar amount of the credit that is provided
to you.
- Annual Percentage Rate or “APR” –
- The cost of credit for one year expressed as a percentage.
- Finance Charge –
- The total dollar amount
you pay to use credit.
- Fixed Rate Financing –
- The finance rate remains the same over the life
of the contract.
- Variable Rate Financing –
- The finance rate varies and the amount you must
pay changes over the life of the contract.
- Monthly Payment Amount –
- The dollar amount due each month to repay the credit
agreement.
- Assignee –
- The bank, finance company or credit union that purchases
the contract from the dealer.
Getting a Copy of Your Credit Report
To obtain a copy of your credit report, contact one
of the three major credit bureaus:
Equifax
Credit Information Services
P. O. Box 740241
Atlanta, GA 30374-0241
Phone: (800) 685-1111
Web site: www.equifax.com
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Experian
P. O.
Box 2104
Allen, TX 75013
Phone: (888) 397-3742
Web site: www.experian.com
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TransUnion
Corporation
P. O. Box 1000
Chester, PA 19022
Phone: (800) 916-8800
Web site: www.transunion.com
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Remember...
Before Visiting the
Dealership:
- Evaluate your financial situation and determine
how much you can afford to pay each month.
A longer-term finance contract may mean
smaller monthly payments than a shorter-term
finance contract (if all other terms are the
same) –
but will result in more money paid over time
on your contract.
- Determine the price range of the vehicle you’re
thinking of buying. Check newspaper ads, the
Internet, and other publications.
- Understand the value
and cost of optional credit
insurance if you agree to purchase.
- Know the difference between buying and
leasing a vehicle.
- Be aware that your credit history may affect the
finance rate you are able to negotiate.
Generally, you’ll be able to get a lower
rate if you’ve
paid your monthly credit obligations on
time.
- Compare annual percentage rates and financing
terms from multiple finance sources such as
a bank,
finance company and credit union. This
information may also be available from the
finance sources’ and vehicle manufacturers’
Web sites.
When Visiting the
Dealership:
- Stay within the price range that you can
afford.
- Negotiate your finance or lease arrangements
and terms.
- Consider carefully whether the transaction is
best for your budget and transportation needs.
- Understand the value and cost of optional
products such as an extended service contract,
credit insurance or guaranteed auto protection,
if you agree to purchase. If you don’t
want these
products, don’t sign for them.
- Read the contract carefully before you sign.
You are obligated once you have signed a
contract.
After Completing the
Vehicle Purchase
or Lease:
- Be aware that if you financed the vehicle, the
assignee (bank, finance company or credit
union that purchases the contract) holds a
lien on
the vehicle’s title (and in some cases the
actual title) until you have paid the contract
in full.
- Make your payments on time. Late or missed
payments incur late fees, appear on your
credit report and impact your ability to get
credit in the future.
If You Encounter
Financial Difficulty:
- Talk to your creditors if you experience difficulties
making your monthly payments. Explain your
situation and the reason your payment will be
late. Work out a repayment schedule with your
creditors and, if necessary, seek the services
of a non-profit
credit counseling agency.
- Know your obligations. A creditor or assignee
may take the vehicle in full satisfaction of
the credit
agreement or may sell the vehicle and
apply the proceeds from the sale to the outstanding
balance on the credit agreement.
This second option is more common. If the
vehicle is sold for less than what is owed,
you may
be responsible for the difference.
- Be aware that repossession can occur if you fail
to make timely payments. It does not relieve
you of your obligation to pay for the vehicle.
The law in some states allows the creditor
or assignee
to repossess your vehicle without
going to court.
Federal Laws
Familiarize yourself with laws that authorize and regulate
vehicle dealership financing and leasing.
Truth in Lending Act – requires that,
before you sign the agreement, creditors give you written
disclosure
of important terms of the credit agreement such
as APR, total finance charges, monthly
payment amount, payment
due dates, total amount being financed, length
of the credit agreement and any charges for late payment.
Federal Consumer Leasing Act (FCLA) –
requires the leasing company (dealership, for example)
to disclose
certain information before a lease is signed, including:
the total amount of the initial payment; the
number and amounts of monthly payments; all fees
charged, including license fees and taxes;
and the charges
for default or late payments. For an automobile
lease, the lessor must additionally disclose the annual
mileage allowance
and charges for excessive mileage; whether the lease
can be terminated early; whether the leased
automobile can be purchased at the end of the
lease; the price to buy at the end of the lease; and
any extra payments
that may be required at the end of the lease.
Credit Practices Rule – requires creditors
to provide a written notice to potential co-signers
about their liability
if the other person fails to pay; prohibits late charges
in some situations; and prohibits
creditors from
using certain contract provisions that the government
found to be unfair to consumers.
Equal Credit Opportunity Act – prohibits
discrimination related to credit because of your gender,
race, color,
marital status, religion, national origin or age. It
also prohibits discrimination related to credit
based on
the fact that you are receiving public assistance
or that you have exercised your rights under the federal
Consumer Credit Protection Act.
For more information on federal credit regulations
and consumer rights, contact:
Federal Trade Commission
Washington, DC 20580
Phone: (877) FTC-HELP (382-4357)
Web site: www.ftc.gov
|
Federal
Reserve System
Washington, DC 20551
Phone: (202) 452-3693
Web site: www.federalreserve.gov
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State Laws
Some state laws may provide you with additional rights.
For information on these laws, contact your state’s
consumer protection agency or Attorney General’s
office (Web site: www.naag.org).
Prepared in cooperation with:
To order additional brochures call: (888) 400-2233.
This brochure is provided solely for educational and
informational purposes
and does not constitute legal advice.
The FTC works for the consumer
to prevent fraudulent, deceptive and unfair business
practices in the marketplace and to provide information
to help consumers spot, stop and avoid them. To
file a
complaint or to get free
information on consumer issues, visit
www.ftc.gov
or call toll-free, 1-877-FTC-HELP (1-877-382-4357);
TTY: 1-866-653-4261. The FTC enters Internet,
telemarketing, identity theft and other fraud-related
complaints into
Consumer Sentinel, a secure, online database
available to hundreds of civil and criminal law
enforcement agencies in the U.S. and abroad.
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FEDERAL TRADE COMMISSION |
FOR THE CONSUMER |
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1-877-FTC-HELP |
www.ftc.gov |
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