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Traded a 1996 Ford Explorer for a 2010 Mustang
On 9 Nov, I purchased a 2010 Mustang by trading in my 1996 Ford Explorer. It was an excellent deal with 3.2 APR from the Ford Credit. Contracts were signed and transfer of ownership/delivery of my Explorer was signed. The had inspected the trade-in and I made sure to tell them that my Explorer is not in a very good condition so they offered my only $500 as expected. I also explained that although the Explorer is paid off, I never received my title because of me being in the military on moving around. Regardless of these info, the dealer still accepted my registration instead and proceeded with the contract. 16 Nov I received a call from one of their representative, Paula, and informed me that she has to write a letter to CA DMV to request my title and should be no problem, On 17 Nov, I received another call from the dealership, Robert, and informed me that another option they may elect to do is sell my car to another person without altering my contract, or otherwise, they may require a downpayment in the amount of the trade. CAN THEY DO THIS? And what are my options? Isn't this a "Breach of Contract" under various rights and articles: "Right of Assurance"; "Repudiation of Contract"; "Termination by Operation of Law"; "Unilateral Mistakes"; "Statute of Frauds"; "Perfect Tender Doctrine" and various UCC rules???
What are my rights?
c
i've had a car for three months and dealer has not found someone to finance me can i return the car and will i be charged?
dealership never finaced my car after almost 3 years
I bought a vehicle 2-3-07 gave a 8,000 down payment and far a year made payments of 700.00 a month. Never recived plates or tags. Called every week to the dealership to see what is going on the only thing they did was renew the permit to drive and was always told they are on it that they were going to fix the tags. After a year past I went back to the dealership to see what is going on. With the suprise the dealership had closed so I didn't do anything because I was screwed. Well on November 8 of 2009 I got pulled over by police they towed my car because of no tags luckly I still have the contract from the dealership I was able to register it. But I don't know what to do the vehicle has a lien/holder. Need help what can I do.
Dealer never cashed check and now loan has expired!?!
I traded in my car for a truck and was approved for a loan through my bank in September. Since I was approved I was able to drive it off the lot that day. I signed all of the neccessary paperwork and made sure that they recieved the paperwork from the bank. They have since paid off the balance on my car but have still not completed the paperwork for the truck loan with my bank. The first payment was suppose to come out of my account at the end of October but it did not. When I called the bank they stated that they are still waiting for the dealer to accept payment on the check. I called the dealership and they said they were a little behind but would take care of it right away. I waited about a week and checked again with the bank and they stated that they still have not heard from the dealer and that the loan expires in 4 days. I called the dealer again and stated that the loan expires in 4 days and that they need to cash the check. Four days has now come and gone and I am not sure what is going to happen. I have since paid to put a 5th wheel attachment on the truck and I use it to tow my 5th wheel (Since that is what I bought it for) Will the bank create another loan? Can they take the truck back? What legal recourse do I have if any?
Buy Here Pay Here Situation
Hello, Iam new at this..However, I got a car 2002 Nissan Altima from a Buy Here Pay Here place on Aug. 7th 2009 a few weeks later in the same month the Alternator went while I was I-95. The dealer had it replaced and still till this day I owe him $200 for it-and then now come Sept 2009 the Raditaor is Leaking-and then now come Oct. 4th 2009 I need brand new rear brakes and a wheel cyclinders that is going to cost me from my Mechanic $225.00 to fix. Now my car dealer is upset because I won't use his mechanic and pay him $100.00 to fix my brake issuess and I told him that I won't be able to make my $170 car payment this week because I got to get the car fixed. My mechanic is ASE Certified-when I asked my Car Dealer was his mechanic ASE certified he advised me that he didn't care if his mechanic was from the moon-still he can get the car fixed. That was not encouraging to me since I have three disabled people amongst me to drive everywhere. His paperwork says: As Is and No Warranty-so why would I call you and tell you that Iam having a problem with the car for that matter and still owe you money on the Alternator-and that to me is bazaar. However, for some reason he told that I can't trade his car in-and I looked at all the paperwork and it don't say a such thing-so can you actually trade the car in although you just got it and still owe on it? please advise! I pay $170 every two weeks on this car and have full coverage car insurance. Don't know what to do-but he did ask me for my mechanics phone number and I gave it to him-he says he want to know how he can go about gettting ASE Certified. Yet he told me that I can't just not make a payment on the car and get my car fixed-when in reality I was asking him to work with me on this payment because I have to get the car fixed. Thanks for listening-but this car when I got it had 115,000 miles on it in Aug. and now it has 118,000 miles -don't know if I got a lemon, should I ditch the car, I tried giving it back to him to get something else and he is coming up with every excuse in America not to give me another vehicle. Please help-any advice, tips, something-input...Thanks
Buy here/pay here dealer won't take my payment Now wants to repo
Bought a used pick-up from a buy here pay here guy in central Florida.Paying $100.00/week and never missed. Dealer always insisted in cash but would never give a signed receipt detailing what payment was for. I decided I would now start paying by check so I had records. Now he won't accept my check/payment and is trying to repo the truck. I have the typical Retail installment contract which does NOT say I must pay in cash only.
What recourse do I have?
Bought a Car w/No License - X-Post
Hello!
I posted this question elsewhere, so sorry if it is redundant... we really need help asap!!
My boyfried just bought a car and he is overwhelmed. He is sorry he did it. We only went to look and ended up driving off with a used 2008 Mazda CX-7. It was a rental previously and had about 26K miles on it. He originally signed the papers on 10/25 but they would not let him drive off the lot, because he did not have auto insurance. He also does not have a license, just a learner's permit (we are California residents). Under the original terms, they financed him at 15.99% interest! but they told him no prob, just go to a credit union, open an account and in 6 months it is possible to refinance the loan and bring down the interest rates significantly (and again suggested that with the second contract). He has been in this country for 2.5 years and has only been employed for 6 months after being a student for most of his stay here. Neither of us knows much about cars, so we were easy suckers with big eyes. They wanted $3500 deposit, and let us put in two checks, one for tomorrow 10/30 in the amount of $2000 and one for 11/15 for the remaining $1500. We had to go out and get insurance, so on the 10/27 we obtained it (the lady said when he passed his driver's test to come back n cancel the policy n get a new one so that the rates come down - it was expensive) and on that night we went in and gave them proof of income and also proof of insurance. In the meantime, my BF had started doing research and was really not liking what happened in terms of the fact that the seller made the car seem like it got better gas mileage than it did and we also found them advertising the car online for about $400 less than they sold it to us for. They had it marked high on the lot and "gave us a good deal, below wholesale" and then we saw the same car online for less than what they gave it to us for! We felt dumb. Anyway, when we went in, they had a new contract for him to sign. They financer took off the difference of the overcharge and also brought the interest rate down to 11.24% but an additional $500 in deposit was required for a full $4000 and that 3rd check is due on 11/25. And on the new contract, they added the "Gap Contract" for an additional $750 which we did no opt for on the 1st contract, but the way she matter of factly had him initial for it didn't even make him blink, so the money we saved pointing out the discrepancy on the website ($100 less than the "great deal" they offered us) which was $400 less on the new contract for the purchase price of the car, was eaten up by the Gap Contract. And, now, looking at both contracts, even though they were signed two days apart, they are both dated 10/25. He is really crazy in the head. He doesn't want this... His appointment for his driving test is tomorrow. We are thinking about rescheduling it next month so he won't be able to get his drivers licensce til then. Can we break this contract if he does not obtain his drivers license and the loan company won't finance him? How does the 10 day rule work in or against our favor? Can you please help us? They are depositing the check for $2000 tomorrow. If they cannot finance this loan, will they give our money back? I'm sure it will be a heck of a fight. And if they come back and say that they need to sign a new contract again because financing is hard, can we then say forget it, we don't want a new contract.. cancel it - here's your car and give us our money back?? Can they hold off until he gets his drivers license? For how long? Your answer asap will be most appreciated as we are on a serious time constraint now!! :(
Thanks in advance,
Theresi P.
No proof of maintenance
Also, we asked for proof of maintenance and they wouldn't provide it since it was a rental and so said it's not available due to privacy issues.
And!!! OMG!! The carsalesman
And!!! OMG!! The carsalesman that picked us up was crazy! He got us from our house to take us up to the dealership so we could pick up our car etc., and when we got in the car, the car smelled so bad!! Like serious Marijuana!! and also later that night, he came into the office briefly to hand something to the finance girl and he smelled like fresh Marijuana smoke again! I know this is not significant to our case, but we were really scared with him driving us because he was beyond reckless! Tailgating, running red lights, cutting in and out of traffic so fast and dangerously, driving off the side of the road to bypass people in the onramp, running a red light! Me and my daughter were in the back seat and we were nauseous! It was so bad, I taped 10 minutes of the hell ride on my iPhone because I coulnd't believe the danger he was putting us in!! It was the scariest ride I have ever had in my whole life and I have never ever in all my years experienced anyone driving that reckless and dangerous and especially being responsible for 3 strangers! Who are none-the-less coming to your company to give away 30K of their hard earned savings!! I was so mad! Beyond acceptable!
Sorry ... i'm writing again...
I'm reading through the scams and it seems like we got hit by every one..lol... our new contract was backdated (both contracts say 10/25 and the debt cancellation addendum was also backdated to the 25th). Our checks were deferred, but not documented or itemized anywhere, only a note writting in the reciept book on each reciept for each individual check on when to deposit the checks (and the receipts are not dated - and also, I forgot what date we put on the checks, since it's illegal in California to write post-dated checks, we had to date them all for that day even though they were deferred. So originally they were all dated for 10/25. But that day my BF did not have his checks on him so I wrote them. But they let us know later that we had to bring in checks with my BFs name on it instead and we did on 10/27. He signed them and I took them in and I filled in the info there at the dealership and I can't remember what date she had me put on the check, if it was 10/25 or 10/27 - which it was the 27th when he signed them/I turned them in). The single document rule was violated. We signed additional papers. Ya and she snuck in the Gap Contract on the second contract that wasn't on the first. My BF's driving test is today. He is thinking about "accidently" missing it. So he won't get his license. And his learner's permit expires on 11/06, just a week away. He doesn't know if they actually got financing for him or not, or if they are going to call, like what has happened to previous buyers I have seen here on the forum, at a later date, unexpected and tell us to come in and sign another contract. If he does not have a license, we are figuring that no one will finance him. So we can get out that way. But if he's already financed, then it's our tough luck. We want to take the chance and let his license slip away, but we are worried, what if it backfires? If it doesn't work, he won't be able to have insurance, so can't drive. I can drive, I'm insured for the vehicle, and we can just start the whole licensing thing all over again for him...
Wish I could just edit and add info instead of posting again..
Sorry to be a nag, anyway, our deferred payments were not itemized on our contract. (3 payments total) but our "deposit" was entered on line 6 (g). 6 = Total Downpayments, Line (g) = Cash - $4000.00.
Ohhh.. and the nightmare begins...
My boyfriend was able to reschedule his driving test for 11/21, but his learner's permit still expires on 11/06. So he cannot drive for about 3 weeks at all. He can pay an additional fee to get his LP extended and he will have to retake the written test. I am talking to him about this, but right now he is really stressed. To add to the pile, I just checked his bank account. At the dealership, I turned in 3 checks. Check #1 was made out in the amount of $2000.00 and it was agreed that it would be deposited on October 30th. (Yesterday). She said don't worry, cause it probably won't post til Monday.. cause we are still scrambling for the money, but it was his payday anyway. Check #2 was made out in the amount of $1500.00 and it was agreed that it would be deposited on November 15th. (They gave us 21 days from the date of the contract to put the second half of the deposit down - according to the first contract signing) and Check #3 was made out in the amount of $500.00 and it was agreed that it would be deposited on November 23rd. (the third check was cuz they raised our deposit amount on the 2nd contract, and they wanted the additional $500 they were adding in to also be paid on the 15th added to the $1500 for a total payment of $2000.00 on the 15th and we told her we couldn't possibly do it, please give us an additional week for that, so she agreed).
I just woke up, it's Saturday 10/31 and I just checked my Boyfriends bank account and he has a non-sufficient funds returned fee! I couldn't believe it! #1) she told us that is she deposited it on Friday (check # 1 for $2000.00 as agreed) it would not post 'til Monday. And #2) It would have cleared anyway, because there was sufficient funds!! So I was perplexed!! What the Hell!! I looked deeper and it turns out that they deposited check #2 in the amount of $1500.00 on 10/29!! That check was supposed to be deposited on 11/15! And NO check was supposed to be deposited 'til 10/30! So now we have a $35.00 fee for a bounced check from our bank account, and they are going to come at us saying whatever they're gonna say about our payment not being good!! My boyfriend is going crazy, and is distraught... He's sleeping now and I am not looking forward to explaining this to him and calming him down. He is not sleeping anymore at night... what a nightmare...
Registration fees MORE THAN DEALER PAID!!! HELP PLEASE...
I am a first time buyer here in California and I purchased a used '05 Nissan Altima on July 27th, 2009 and got a good deal on the car and love it too. During talks with the sales-person I asked if I would have to pay any DMV registration fees and he said NO because it would be included in my contract the Dealership pays. Its been three months since I bought the car and decided to go to the DMV because I had not received by License Plates and they told me that I owed $463 from registration fees for the last 2 years, when I explained that i had just bought the car, the DMV rep said that the Dealership paid only partial payment for 2 years prior but still had 2 years left to pay for it to be up to date. The DMV rep said that I should speak with them because they are required to pay. The dealership is saying that my contract says they only pay estimated fees.
Contract details:
"Estimated DMV fees: $292.25"
"Total official fees (license/registration/title/transfer) $234.00"... total fees paid by dealership.
What should I do? The DMV rep says I should hold-ff on paying because it is there responsibility to pay eventhough i signed because these are fees 4 years before and they should have had them up to date anyways.
Is there any legal place I can call?
New Car is a Lemon
I bought a 2008 Jeep Liberty back in December of 08...since having ownership the car has been back to dealership for maintenance of major parts a few times as well as a leak had to be corrected three times and now the center console is moving and when applying brakes feel as if someone is rearending me. I got outside financing thru my credit union and now is trying to get Chrysler to take back this vehicle and give me another one in its place. Do you know if there is a program out there that helps with this issue.
Lost my extended warranty refund???
I purchased an extended warranty on my previous vehicle. I then traded that vehicle in after about a year and half later for another new vehicle. This dealer told me that I would get a prorated refund on the extended warranty from the previous dealer. Filled out the paperwork and a few days later I got a phone call from the previous dealer telling me that my warranty was traded over to another party for $150, which I never did of course. Am I ever going to get this back?
warranty refund???
I had a warranty on a used vehicle and purchased a different one..you should contact the company who has the warranty they usually have a refund department. I did get my money back from the company not the dealer.
auto fraud
We were notified that the dealership wrote the contract with the wrong VIN number and our carfax report also had the wrong VIN number. They want us to come in and sign a new contract. I would like to just cancel the deal and return the vehicle now. They have me feeling very uneasy about the whole deal. Do we have any legal rights?
Shaky financing/contract issues
A purchased a new Hyundai on 8/25/09 at a local dealership. I drove the car for 30 days when I received a phone call from the dealership stating I needed to bring the car back, they did not secure financing because the lender did not like the fact that I had been car shopping and had attempted to purchase another vehicle in the recent past, could not come to terms so I decided not to buy at that time. They also told me that they believed I lived in another state, regardless of the fact that I have never lived in another state, the dealership had copies of my driver's license, utility bills, cell phone bill, etc to verify my residence. I was told that the dealership would have a rep from the lender call me, and I heard nothing for 2 weeks when the dealer called me again and said I had to return the car, same song and dance. I offered to bring in the copies of my residency proof yet again, and I was told that shopping for another car in a different state nullified the deal. My ex-husband lives in a different state and we did shop there for a car, but decided not to buy. So, now it's 45 days later and they still want the car back because I simply shopped around before making a purchase. Is this legal? Isn't there a certain time frame a dealership has to secure financing? Is it more than 45 days?
contract issues
I sold my 2009 honda odyssey to a toyota dealership. They apparently ststed they made an error and told me I needed to pay them 2,8999.84 for my payoff so i would no longer own the honda. When i got home that evening they said their financde department said they made an error and I owe them more money. All documents were signed they refuse to give me a copy of the deal and after two monthe os working with the BBB they have changed their reasons several times for not paying off the vehicle to my credit union. they first said i owe them more money. then they said i gave them a wrong pay offf amount and now they've said they want to return my check and for me to pick up the van. it's been 60 days I already beought another car and have given proof showing that I gave them the right payoff amount and have a letter from their lawyer stating I gave them the exact payoff numbers I gave the day I sold them the vehicle. They want more money which is the bottom line, but how can they do this when we clearly had a deal? They obviously want me to pay for what their calling an error on their part. In the mean time I have been paying for the van as not to ruin my credit. How can I hold these guys accountable? it's been 60 days and the BBB seems to be dragging their feet.
back charged for Rebate
I bought a new Nissan with a $2000 rebate, while reviewing the sales contract with the dealers "finance guy" the rebate was include but then there was a $2000 cost for the warranty at the bottom. The finance guy said it was a normal charge and since I had not purchased a new vehicle since 1995 what do I know, how do you argue with that? A few days later the charge was on my mind and I was looking for my copy of the sales contract but it was not with my documents from the dealer. I returned to the dealer asking for it and they told me to come back later saying it was already archived in storage and they would need to dig it out. I called several times and they kept putting me off then I finally went to the dealer again and demanded a copy of the contract which they produced in about 5 minutes but just printing a new unsigned copy from the computer. After re-reading the warranty wording for the 2k and then looking it up on the Nissan web site I discovered the "warranty product" in the description was for a used non-Nissan vehicle. (For used cars they sell) I'm confident they backed charged the rebate through a warranty cost because I called the dealer posing as a new customer and ask the cost of a warranty on new vehicle and the salesman answered that there is no extra cost. My question is with a signed contract do I have any recourse in small claims court if they refuse to refund the 2k or am I S.O.L because I singrd the contract?
Lease Problem
Well, I really have an issue, my grandpa leased a car back in 2006, payment were being made until he passed away in 2008. We did not realize the car was leased we thought the car was purchased outright....we took the car and realized a year later that no payment were being done for the lease, I could only imagine the car is in a REPO list.
We are afraid to even contact the dealer, we will just take the car to a dealership and drop it off with the keys inside. Can this be harmful?
A dealer kept my down payment and I never got a car
On July 28, 2009 I went into a dealer in los angeles, ca and put a $4000 down payment on a car and the dealer told me that the car needed minor repairs and that it would be ready in 3 days. When I went back to pick up the car in 3 days they said that it wasn't ready yet. Two weeks later it still wasn't ready and I called the dealer and told them tha I was tired of waiting and that I wanted my down payment back. I never test drove the car or had it in my possession. The dealer then said that they were going to sue me for breach of contract and they refused to give me my money back. It has not been 2 and a half months and I have yet to receive my money back. I dont have a car and I don't have my $4000. I have filed a complaint with the Better Business Burea but they said that my case was too low scale and that they couldn't help me. I also filed a complaint with the district attorneys office and they too said that they couldn't do anything for me. I filed a complain with the california DMV and with the Consumer affairs dept but I have not received any word from them. Is there any way I can resolve this in a much faster manner? I am stuck taking the bus now because that was all the money I had and my old car broke down. Any advice will do.
Do I NEED to modify my contract?
I bought a new car at a great APR using dealer financing. They called me 12 days later to say that rate wasn't available so I'd need to re-sign at a higher rate, though they'd keep my monthly payment amount roughly the same. I told them I liked my contract as-is and saw no reason to pay any more than what we'd agreed to originally. Lots of haggling back and forth but they eventually were able to drop the purchase price enough where my bottom line didn't change with the higher APR. I am hesitant to sign any new contract because to me that opens the 10-day door for them to try to re-negotiate everything to their advantage, whether they would or not, I don't need to lose any more sleep over someone else's admin error. One of the finance managers was more frank with me than anyone else and showed me the lender's fax indicating the dealer could pay the buydown or try to get me to sign at the higher rate. He said the amounts of the buydown and amount they'd need to reduce purchase price by were essentially the same, and he'd look into letting me keep my contract as-is. Needless to say, have not been able to reach him again. The other finance mgr is saying at this point the lender is no longer offering them the buydown option because the lender wants all numbers on the contract to be accurate, i.e., the reduced purchase price and the reduced tax paid. They are using high pressure tactics on me to come sign this contract that I'm not comfortable signing, and have hinted -- without outright saying -- that the car is not legally mine as it hasn't been submitted to DMV. They're acting more and more incredulous and put off at my hesitancy and mistrust, and I'd prefer to never deal with them again.
If anyone can help with any of these questions, I'd really appreciate it and get a good night's sleep. :-)
My question:
Does that sound likely, that the lender would rescind the buydown option because the contract wouldn't be accurate? Even if so, would that quibble between the two of them be my problem? Finance mgr has tried to tell me the contract isn't legally binding as it's not cash-backed. Where would I stand in court, if I held out until they resolved it between the lender and dealer? It's unfathomable to me that this contract could be considered invalid in anyway. But they're trying to scare me, and I just want to make sure I understand all their tactics. I've asked that they type verbiage on a new contract saying if they can't secure financing for this new contract, they're obligated to honor the other contract. Which they're brushing off.
bad business car dealerships
My young son and his family were just in Hawaii. He purchased a used vehicle from a local dealership for 5000.00. The car worked for 24 hours and then broke down and cannot be fixed. Basically the dealership has told him he is out 5000.00 not there problem anymore. The care is sitting at the dealership and is not drivable. My son has been in the Army for one year and just got out of school. He does not have the money to just give 5000.00 away. Now they sit in Hawaii with no car and no money to get a car. What rights does he have and who can we contact for help
95 Mustang Cobra
I am buying this mustang from a used car lot for $3,900 and have a downpayment of $1,700. It has been 3 weeks since the downpayment as i am waiting getting paid from a job ( i am a sub contracttor) Can the dealer sell the car on me? how long can they wait till their allowed to sell it on me?
Mustang
What dealership is this and where?
Attorney at Law
curious
I just realized the company I bought my car from did not sign any of the documents that were given to me, this has been over a year ago. Now they are refusing to give me my title saying I owe money and I certaintly do not. The dealership I bought the car from is out of business and the lien holder is founded to be a scam company. Is there something I can do?
I got screwed big time
I bought a car from a dealership. They finance the car themselves. but after finding out that i was paying way too much for the car i tried to return in the next day but they said there is no return policy and i can't return it. I've already had the car for a week cause they won't take it back and i don't want to lose my down payment. Should i just go ahead and drop the car off at the dealership and try to get my money back or should i keep the car because they insist on their no return policy????
Dealership = BIG FAT LIAR
Yeah you get screwed big time. You as a customer can't change your mind in 10 days, but dealership can change their mind in 10 days. They are horrible. They are a saleman = liar. They twist and turn until they get what they want, after the sell, that's it. If they make a mistake they make sure call and harrass you until you come to fix their mistake. If not they took your new car without notification, these salesman are worst than lawyer. At least, lawyer get the license to lie...HAHAHA. Anyway, all ya'll out there, be very careful when you buy any car because dealers are stink. They always protect themselves no matter what, a customer like us, get no say in it, no matter what. If a saleman tell you that you are a VIP=VERY IMPORTANT PERSON. Think again folks, they lied, you are not important, all they want to do is sell the car. If you ask me what VIP mean, I would tell you that VIP = VERY IDIOT PERSON. Please do not drop off the car at the dealership, it's your lost, not them. Just think of it a lesson to learn. Hope you find a solution.
Keep it now
Plz do not drop off the car. They are not obligated to take it back.
only siged contract
yes i did sign contract but the lady fast talked me and lied about what i was signing..then i gave them an expired licesened ,but then told them i didnot want to take possesion of car .they said if i didnt i would lose my car and down payment. i took it and brought it back the next day i told them i dont want the car and im not giving you any info ..they said they would ruin my credit,,i kept complaining in their store, so now they said what deal can we make..i told them keep half the down payment,, just so i could walk away....
any one think this was bad way to get outof trouble?????
You should learn more...............
It is unlawful for a dealer to sell a trade in vehicle before the new deal has "cleared" for lack of a better word..........it is not their car to sell if the original deal has not gone through................if this happens contact your state DMV or dealer licensing board or whatever venues are available in your state!! Dealers can get into ALOT of hot water for doing this!
removing speakers from trade in, then cancelling contract
Bought a new vehicle, drove it for 7 days, then told deal was cancelled. When I picked up my trade in, the speakers had been removed... What should I do? Is it legal for the dealership to remove property, and equipment from your trade in, and not replace it, or make restitution?
I really can't believe they could steal things out of my personal vehicle, before clearing the deal!
Cash For Clunkers and lapsed insurance
I get a call from my dealership saying there is an issue, seems I had a lapse of 7 days with my insurance on the vehicle I turned in for insurance. The dealer did not verify before I traded in my vehicle and took possession of my new Mazda. I have the new car titled to me and it's been over 3 weeks.
I have not signed a contingency clause but I have noticed that the dealership did not sign the bottom of my buyers order (Accepted by Authorized Dealership Representative).
Am I going to have to return my new Mazda or pay them the $4500.00 + $500 rebate they gave me for my Clunker?
This is scaring me!
yes
Government made very strict guidelines for you to follow in order to give you the rebate....the rebate is YOURS not the dealerships........the dealership DOES not "title" the vehicle to you, you only get a temporary registration and once the dealer has processed your paperwork THEN your title and registration info get sent to DMV...........pretty cut and clear.......don't waste your time and worry, negotiate with the dealer, they don't necessarily want to take back your car if something else can be worked out for both parties!!
correction to my comment
I get a call from my dealership saying there is an issue, seems I had a lapse of 7 days with my insurance on the vehicle I turned in for cash for clunkers. The dealer did not verify before I traded in my vehicle and took possession of my new Mazda. I have the new car titled to me and it's been over 3 weeks.
I have not signed a contingency clause but I have noticed that the dealership did not sign the bottom of my buyers order (Accepted by Authorized Dealership Representative).
Am I going to have to return my new Mazda or pay them the $4500.00 + $500 rebate they gave me for my Clunker?
This is scaring me!
Cash for Clunkers Scam
Went to purchase a car under the cash for clunkers program. It was the night before the program ended. I asked for the price on a vehicle I was interested in. I was told that I had to buy to dealer installed aftermarket option or they would not sell me the car. These options were paint protection and window etching (theft protection) toi the tune of $1,700 for the both of them. I insisted that I did not want these but was quickly told that if you do not like it, you can go buy your car somewhere else...stating the dealership needed to make money too. Mind you this is a Chevydealer that you would expect would be happy to sell a car to whom everr was willing to buy one rather than screw them and take half of the cash for clunkers money for themselves. I never saw it advertised that the clunkers program was supposed to benefit the dealers in this way - splitting the government portion of the payment!
Needless to say - since it was the last night for the clunkers deal - I purchased the car. It was 10:30, dark and raining and I did not want to take the care home. They forced me to take it home. so when I get it home in the light - I see the car is covered with stone chips and had a dent in the rear deck. So I took it back to them to show them the damage. I failed to mention they never did a walk around inspection on the vehicle and I never sign a form stating the vehicle was in acceptable condition. So I show them the damge and they say they will fix it - only if I complete their survey and give them a favorable rating. Otherwise they would not fix it. What is that? Sounds like blackmail if you ask me!
So I wrote a lette to the General Manager in reply to the "We hope you are satisfied letter" I received stating I could call him with any issues. So I send a certified letter and get a call from the salesman stating the same thing they stated before - give us a good rating and we will fix your car.
So what do you do? Is this stuff legal. should they not be obligated to repair the paint chips in a "new" car especially if I never signed off on the inspection. I call the GM Awareline and made a complaint. Lets see what comes of it. Hard to belive that Chevy would want their dealers telling their customers to buy these aftermarker dealer add ons or go somewhere else. nice way to grow the business. This dealer should be closed down- thye are injustice to GM and work against the growth of GM. No wonder America favors Foreighn cars - look how the red/white/blue companies treat you!
IS there anything i can do?
Hey, I purchased a car with GMAC financing about 3 years ago, now i've lost my job and have been unemployed for about two months, before i was late on the first payment i sent them a letter asking for options, and maybe negotiating a return of the vehicle i've paid more than 50% of the original value a tthis point. Anyways long story short they didn't reply to my message, so i called them and they offered me a payment defferement program for a few months while i get my job back, at the time they did not informe me that there was a $200 fee (which i can't afford right now) for this option, and so i went into a late payment because of that. When i confronted them about it they offered a half cocked apology and told me there was nothing they could do.
I'm tired of dealing with them I live in Vancouver BC Canada, if that helps in specific legalities, I'm wondering if anyone knows of any options i have that i might be able to send this vehicle back to them. I can't afford to refinance because i'm barely affording to live right now, a return would be the best option for me.
Dealers outright lied
I bought a one year old "pre-owned" Subaru from the local dealer just over a week ago. The three salesmen I dealt with there confirmed it has a PZEV engine (parial zero emissions vehicle.) In fact the primary salesman I worked with said he hated hybrids (I had said that I was initially considering getting a hybrid) because they were not as "green" as the PZEV. All three men knew that this was my priority; to drive a more environmentally responsible car. I have a witness who was with me throughout the transaction.
Not until a few days later did I stumble upon the fact online that, no, not all "Subarus for the last three years have PZEV engines." (The salemen's exact quote.)
So I contacted Subaru customer service online and gave them my VIN; they confirmed that my model does not have PZEV. In addition I find that the gas mileage as quoted by the customer service person w/Subaru online is not as good as they claimed either. What recourse have I got?
Thanks so much
gave a $500.00 ck deposit wont get money back for 30 days
We were told to make a deposit of $500. min on a van we wanted to purchase with finance thru the dealer. We told them upfront our credit is not good right now. We were declined for the loan and were not sent or given a phone call. they said to call them on tuesday and I did I was told we will get back to you. By the end of the week I called again that was when we were told we were declined I asked for out deposit back I was told next week we will mail it to you. Now it's next week and still no check. I called and said I want to go pick it up. Now I'm told they dont have to give back my deposit for 30 days. I am planning on using this money on another car and now I cant. Help!!
Repo and Bad Credit
Ok, so 2 years ago I attempted to buy a 2007 honda civic. Everything was going great until my financial situation changed last year and I was forced to give up the car. I got hit with the reposession and undoubtly bad credit under my name. Fortunately my financial situation has been turned upside down and now I can afford to buy a car, brand new if I wanted to(but I don't). Problem is I have yet to pay anything on the car that was reposessed. If I attempted to buy a used car now, would the financing company I owe money to take possesion of my vehicle...or even worse, would I be denied the purchase of a said vehicle?
I am not trying to stiff the financing company I owe the money to, but I really need to get a car. My job depends on it. I would be more than happy to pay them back the money I owe but I would prefer to do that only after I have a car. If I must pay them their money first, I will, but again...I really need a car right now.
Any advice from anyone experienced with my sort of situation would be of great help.
Finance department not thoroghly informative
I bought a 2009 hyundai accent on Aug 18th. I had my boyfriend co-sign and finance told me that everything went through, and we were approved for the loan and i was able to drive off the lot with the new car that same night. I drove around in it for 7 days until the dealership called and informed me that i had to return the car. They're reasoning was that the bank did not approve my loan. I left that building with the impression that this deal was 100% finalized. Why was I not informed of the possibility of having to return the car? Shouldn't that be made clear?
going threw the same thing
We brought a 2009 volkswagen minivan on the 23 AUG 2009 I got a call last night from the dealer saying to come back in and resign the contract because the bank didn't approved the loan what we sign on the 23rd was $21,000 for the volkswagen and $8,300 for our trade in at a 6.2 APR they told me the bank will approve us for a 2 percent APR I was like great our payment will be lower !!! NOT SO the bank will approve us 2 APR the volkswagon will cost us $24,000 and $8,300 for our trade in I thought the same I sign deal was done 100% finalized drove the car for 8 days well it's not so the dealer has 10 days to get out of the contract if they can't get the bank to buy the contract I have the choice of re-signing a new contract or returning the new car and hopefully getting my old 2005 Jeep back if they haven't sold it yet If they sold my 2005 Jeep I owe the dealership $1,600 for the difference of the trade in and our family will be without a car my husband is active duty military did one tour in Iraq many more to come and we are expecting our third child we have great credit always paid things on time the only good thing out of this whole mess is when we go tomarrow to return the fat big lie they sold us that they still have our 2005 Jeep if there's any military families out there be careful what you go out and buy some dealerships will scam us because we have steady jobs and good credit
I too am having problems with new car bought
My daughter wanted a car, i got talked into co signing, i was rough on the dealership, and go what she had agreed to before they up things before i got there say my duaghter's figures were wrong, we in the end, i had to be the first signer and we did this on saturday, my father holds the title on her other car and they said they would have a check for him monday if he brought the title in there, its Wednesday now and they are stalling, saying our loan has not cleared yet, can i get out of this sale? There is a lot more information and story, but I want to know if car buyers have any recourse to cancel the contract within 10 days like the dealerships, because they are lies cost interest on a car that is in their possession and refuse to pay off until the loan goes through, but they said it was a done deal when we left with the car on saturday. Now i think they are just pulling us along until they can make it look like our fault with this loan approval crap.
Car had been in an accident, want to return
Before I bought the car from the dealership, I asked the sale guy if the car has a clean tittle or been in accident and he replied no. I did not buy the 2 days cancellation offer thinking this car was clear. When I went home, I looked at the service record of the vehicle and noticed that the car had been in an accident and the auto body shop quoted around 1500 dollars worth of damage. Is there a chance of returning the car?
Contingency clause
On July 30th, I took possession of a 2009 Honda purchased under the C.A.R.S. Program. The dealer is holding the title and other papers until reimbursed by the Government. The dealer filled out the agreement saying that I qualified for $4500 under the Program. After 2 weeks had passed, I called the dealer manager saying that I needed my title, etc. so that I could get my license. He said that they still have not heard from the CARS Program. He also told me that I had signed papers indicating that I would be responsible for any amount the government did not pay! I must admit that I didn't read every line on the stack of forms that I signed. The salesman verbally summarized what each form was before I signed and none of the forms was said to be a "contingency" contract. Did the dealer have a responsibility to tell me about the agreement papers? What recourse do I have? Help!
COTINGENCY CLAUSE
CAN NOT GET PAPER WORK FOR MY LICENSE FROM DEALER UNDER CARS PROGRAM
Need advise..Conscience is keeping me up at night!
I recently "released my lease" on a Hummer because it was seriously damaged by fire. All parties involved felt it should have been deemed totaled, however my insurance paid for the repair (over $13,000). The fire was caused by the vehicle parked next to me catching on fire due to a mechanical problem (recall issued). The situation is in litigation (another whole story) but the Hummer was over half burned. My dealer turned the Hummer over to GMAC and they sold it at auction. I found the vin# and vehicle at a large dealership in Texas and it has a clean Carfax report and the dealership said it was in excellent condition with a few minor paint repairs. They even made a large statement in ad stating "previous owner non-smoker"! The car was in flames! Should I bring it to their attention? My attorney and various mechanics/appraisers said the vehicle will have future issues..possibly severe.
Any advise would be appreciated...I feel its an outrage that this fraud exists, but want to say something.
Thank you!
paint job going bad
I recently bought a 2008 Chrysler Sebring from Solomon Jeep in Carmichaels Pa. about six weeks ago. I noticed yesterday while washing the car that either the clearcoat or mettalic paint is coming of my bumper. Havent even made a second payment on it yet. I need advice on how to handle this with my dealership. I'm ready to go nuts but I don't know if it is the right way to go about it. please help....
I purchased a used car from
I purchased a used car from someone with a dealer license and I tried getting my tags and my registration from another place and I was told I needed paperwork from them, since they were considered a dealer. I went back and I told this man I needed a title, and some other papers...well a week passed by and after several attempts in trying to reach him I finally got a hold of him. He tells me that I was suppose to do all the paperwork with him (I know it's not obligatory) so I told him after the bad experience I had with the car (I ended up paying so much to repair the car in such a short time) I had no intention in giving him more of my money. So since he didn't want to get me the paperwork he was supposed to I agreed to have him get it all done at a lower price. Again BIG MISTAKE... It's been a month and nothing, his voicemail is always full and he doesn't answer the calls right away. I'm afraid I might get charged with fees of some sort, does anyone have any advice??????????????????????
Down Payment
I recently put 600.00 down on the purchase of a used Tundra. It has been about 2 weeks and I am just waiting for a check to clear at the bank so I can go pick up the truck. Can the dealer sell the truck even though I put a down payment on it?
Do I have to trade the New car back in??
On August 1st I purchased a new car in cash and received $4500 for my Clunker. The dealership and the 4 people who looked over the contract, insurance, and qualifications for Cash for Clunkers approved the deal. Now the dealership is saying I had a lapse in insurance for 21 days. They have my car, they gave me the keys to the new vehicle. Am I required to turn in the new car if the deal has already been signed?? It has been 17 days. It is their fault they didn't pick up on the insurance. What should I do?? Especially since they only want to offer me $1000 for my SUV.
Please help!!!
Tell the Dealership to go F@#K Themselves
If you did not sign a contingency agreement (big mistake if you did) and the the new car is titled in your name................NO, YOU DO NOT HAVE TO GIVE IT BACK!!! I have done enough research with this. When the dealer puts on the contract that your balnce owed is reduced by the rebate, and it turns out they can not get paid through the program... it is tough luck for the dealer. The titled car is your car. Let them sue you. They will lose. The C.A.R.S. program specifically states that the rebate is paid to the dealer, not the consumer. It is so the dealer is the reporter of the information to the gov't. If they make a mistake, and sell you the car... it is their loss. I purchased a car, signed a contract, and was given an allowance for the rebate of $4,500. My trade-in is worth about $300.00. After signing off that I gave them everything, the dealer refused to submit the documentation. I gave the dealer a letter (several) from my insurance company stating that I had perfect coverage for over EIGHT YEARS. They wanted insurance cards. Some idiot in the back decided to reject it. They call me 4 days after the program ended and told me to come pick up my deposit. Now, I have to buy a car at another dealership, and sue them for the money.... which several consumer groups I have contacted have said I will win. Do not ever buy a car through Bay Ridge Honda in Brooklyn, New York.
Quite wrong
When you buy a vehicle it is NOT immediately "titled" to you!!! It does not even get registered if the dealer doesn't submit it to DMV!!! You can call as many consumer groups as you want..........you will be wasting your time and money!! Just learn from it and move on....
HELP ME AZTEK2008@HOTMAIL.COM
ON JULY 27, I PURCHASED a NEW car, i also did cash for chunkers but now the dealerships wants us to go back to resign a new contract.The dealerships only wants to give 500. for my trade in because the insurance lapsed for 5 days.What are my rights? WHAT should i do ? I Need HELP?
Do not sign a new contract!!!
If you signed a contract and the dealer gave you an allowance for a rebate, then the rebate is yours. If the new car is titled in your name right now, enjoy it, and do not bring it back. If the dealer approved and signed the contract after examining the paperwork, it is their problem. If you did not know about the lapse, it is not fraud. The rebate is between the dealer and the government. If they do not get paid, it is not your problem. DO NOT SIGN ANYTHING ELSE. Demand the car be given to you. Demand enforcement of the contract. There will be a lot of lawsuits.
Please, know what you're saying before advising!
The rebate is given to YOU from the government, not to the dealer! They are CUSTOMER REBATES not DEALER REBATES........if a dealer does not have a cashable contract then there is NO DEAL..........this is repeated in several different ways in all of those forms you sign!!! It is not a matter of fraud but requirements YOU MUST MEET to get the rebate!!
me too
THAT EXACTAL HAPPEN TO ME BUT MY INSURANCE ONLY LAPSED FOR 5 DAYS. WHAT DID U DO ????
C4C
Check the new ways to verify ownership of cars under FAQS at cars.gov. I had a 3 day lapse with registration, was told I was disqualified. Called my U.S. Reps office and spoke to one of his aides, who told me he was working on getting this sorted out. A minor lapse in registration is no longer a problem as long as you have a title to vehicle that is 12+ months old.
Almost same thing happened to me.
Almost the same thing happened to me. What happened to me is I traded my truck in and later that week I get a call saying there is a problem. Go in and they say there was a 14 day lapse in the registration. I've owned this truck for 10 years now and had renewed the registration within the grace period. They lied to me saying they already submitted it and it was rejected. Talking to the GM later he admitted they had not submitted it but did not believe it would go through. They offered me $1,800 on the trade in and said they were generous enough to bump it up to $2,500 and I would only have to pay another $2,000. Now they want the car back. I financed through my bank but they never submitted the paperwork to get paid. Talking to the bank they say usually the dealership submits the paperwork the same day and receive their money within 24 hours. This makes me think they were trying something funny from the very beginning. Can they take me to court to get the car back or what can they do now?
Do not return car!!!!
If the car is titled in your name... it is your car. You do not get the rebate, the dealer does. If he does not get paid, it is not your problem. Let them sue you if they want. I had a contract and the dealer never even submitted the paperwork, even though they said they did. The deadline passed, and they said "tough luck." Now I have to sue for the difference between another dealership and the lower price. Contact a consumer group. They said that no one has to bring back cars, even if the dealer is out the money.
Car Dealership used bank instead of my credit union
I signed a contract for and took possession of a 2009 Nissan Altima on 7/27/2009. When I left the lot, I told the dealer I wanted to finance with my credit union; however the contract I received this past week is with a bank. I called my credit union and they said they approved the loan on 7/28. I called the dealer back and asked WHY? They said that maybe the credit union's response came in after the bank's and they can't do anything about it. I asked for the specific date he was using - because he had assured me he would take as long as needed to get me the best interest rate, but he "couldn't find the date". The interest rate is even lower with my credit union! Both my credit union and the bank say if I want to I can refinance the loan, but that requires waiting for about 90 days and may even cost more! Is there anything I can do now to void this contract with the bank and move it to my credit union?
CAN They EPO OUR CAR??
We buy a new a new car we train in our oher car plus 8000 down payment but my husband sighn that we give them 10500 so we have to pay the resy we own still 200 can they repo the car??? because i havent pay the down payment for 2 months so can the came and get the car??? but iam still making the monthly payments thou!!!!!! i dont know how this work? they havent call me or anything!!!
Tried returning vehicle; no financing
I got a car with the option of third party financing, but after a few days my bank told said it was too much. Now im stuck with no financing and I don't want to ask for a co-signer. The dealership said it would be a voluntary repossession, is that true or is there anything else I can do?
WHAT TO DO
I purchase a used car from a dealer in Houston with cash and pay the tax and title fees and registration i have a bill of sale . Well i'm still waiting for the title and tags. they keep telling me they are working on getting the title . So this is what i found out . the Texas Department of Transportation said the car is still in the owners name. find him. I did because they left some papers in the car with there name on it . Well i call him he said he sold the car and title to a dealer. Well now i found out that the dealer i got the car from bought the car from them and they gave that dealer a hot check and they are sueing them. The car dealer that sold the car to my dealer called me and told me he has the title and i well naver get the title. So I'm getting a bond title on the car. Can the dealer that has the title dispute ownership of the vehicle and take me to court. So far theres just a clear title on it as i know. should i just sell the car after i get my name on bond title of ownership ((what can i do Help ))
Trying to track down my trade in...Deal gone WRONG!
On June 27th, I purchase a used car from Norco M*tsub.... At the time I did not notice that the headlights were replace with non standard. Unfortunately not something normally anyone would notice during the day. So I notify the dealer via email and they told me the owner was out of town for 2 weeks. I later got in touch with the finance mngr and he accused me of changing the lights. By the way the lights cost about ($4000). My down payment was my car and $8,000. I had already started looking for replacements on ebay, just in case because I had already sign a contract and the AS IS paper. I left on vacation and when I returned I tried calling the dealer but I would get the answering machine. I emailed them also, but this time I have a bigger problem. My payment was suppose to be due on July 27th. When I returned it was already August 3rd. So now I was worried, I was hoping that I had all that and make my payment before my vacation. So a buddy of mine tells me that they need to fix my headlights and so I started filling out the information for the Better Business Bureau and while looking up their address I notice a post stating that the dealership was closed. The next day now worried becuase I have also not received my tags, I called the bank that financed my old car. I was told that I was now 16 days past due on my payment. It was Sunday. I went to the police and try to file a report because the dealership had already cash my check and they disappeared. They told me that it sounded like a legit deal and this was a civil matter. I drove down to the dealership to see if they were really gone. There was a number posted, which I called and they told me they don't know anything about any deals that dealership had done. Next day I called a fraud attorney and went to make my payment on my old car and try to save my credit. Fraud attorney not sure what to do with the case because there is no one to sue. I call the DMV investegators and now I am in the process of collecting all info they required. I also called 919-445-1888 (for CA only). That number is for the Motor Vehicle Board, setup to help people who's old cars were not paid off by dealerships that go under. They told me the dealership I was dealing with did not go under and they gave me their Bond information. I track their bond CO down and told them I needed to put in a claim. I also warned them that there might be more people in my situation. About 4 hours later a person identified herself as an employee for that dealership. She told me that the bank had turned down my loan and what I wanted to do. I told her I want to return the car, get my money back, and my old car. She directed me to another finance mngr who said he had nothing to do with them and gave me their attorneys number. Anyway the same guy called back and took some info...I told him if we unwind the whole deal then I will not have to hire the attorney because now I have names. At this point I am so frustrated that I just want to undo this whole deal...what are my options here? Am I liable for the mileage on the new car, would getting my money back be realistic? I have to say I did not see this coming at all. For people buying use or new cars get a writting guarantee that your old car will be paid off in 10 days and if the dealer stands behind their sales get a 30 day waranty on your purchase.
Cash for Clunkers & a bad paint job
I purchased a Kia Soul-sight unseen as the color I wanted was on another island (I'm in Hawaii). All the papers were signed and I was offered $3500 under the government Cash for Clunkers program and I put another $1000 down. Today, 7 days later my car arrives at the dealership and I see it for the first time. My cream white 2010 Kia Soul is covered--hood, fenders, roof--in industrial fallout. The manager explained to me that because it was parked near an airport that what I see is not rust, but industrial fallout and the car would be detailed utilizing clay. I DID NOT DRIVE THE CAR OFF THE LOT. I have already signed the title over to the dealership for my "clunker" a 2001 Mazda Tribute and today I left it at the dealership and left in a loaner from the dealer. Can I cancel my purchase agreement? I am afraid that the fallout marks have already permanently damaged the paints surface. What rights do I have? Can I cancel the financing and the insurance? What lies should I expect the dealer to tell me?
Cash for Clunkers & a bad paint job
I purchased a Kia Soul-sight unseen as the color I wanted was on another island (I'm in Hawaii). All the papers were signed and I was offered $3500 under the government Cash for Clunkers program and I put another $1000 down. Today, 7 days later my car arrives at the dealership and I see it for the first time. My cream white 2010 Kia Soul is covered--hood, fenders, roof--in industrial fallout. The manager explained to me that because it was parked near an airport that what I see is not rust, but industrial fallout and the car would be detailed utilizing clay. I DID NOT DRIVE THE CAR OFF THE LOT. I have already signed the title over to the dealership for my "clunker" a 2001 Mazda Tribute and today I left it at the dealership and left in a loaner from the dealer. Can I cancel my purchase agreement? I am afraid that the fallout marks have already permanently damaged the paints surface. What rights do I have? Can I cancel the financing and the insurance? What lies should I expect the dealer to tell me?
Is my credit union responsible to obtain title from dealership??
I purchased a 2007 BMW from a small dealer ship in Las Vegas in November 2008. They never paid for Manheim for the car yet they sold it to me. The dealership referred me to a credit union which he dealt with many times. The credit union I financed the car through used the dealer as an agent, the credit union gave him all the docs for me to sign, to open the mandatory checking account with them, etc.
Its now been ten months and I still have no title. Is it the credit unions responsibility to secure title? Or my responsibility? I finally stopped making the payments this month but want the debt off my credit.
Please help!
Buyer's RUSH Remorse!
Last night my wife and I just went to look at new vehicles and inquire about information on the CashForClunkers terms. My truck qualified and zip/bam, before you know it they had piled high financial incentives for a purchase on one of their trucks. After a night of clear heads and researching on the Net, we really don't want to be saddled with this deabt since our other two vehicles are paid off and actually run fine. My wife applied for the purchase and signed all the papers and and the truck will be hers and in her name. However, we did not take possession of the vehicle and the title of the "clunker" is in Mine AND Her name! and of course . I have signed nothing at this dealership Is the contract void if I refuse to deliver our vehicle jointly titled on both our names "as in John And Jane doe" and not "John and/or Jane Doe" We were foolish in our hasty actions and let the Dealers bulldoze even when we swore we would not buy / just look. Is it too late? and is this contract binding. The financial agent said the if the title said AND & not AND/OR, that I would have to sign some papers and not just her since she cannot trade the truck without my signature. I still have the clunker but am supposed to bring the title and leave it and sign it over and pick up the new truck today, but as of yet, keep in mind I have signed nothing in this deal. Can anyone help me here?
Buyer's RUSH Remorse!
tell the car dealer to take a hike.
nothing signed, so too bad for them
if they wanted to cancel or modify a deal they would do it, so you can too
now what?
very helpful I bought a car july 6 and the dealership didn't call me about any problmes till july 30! now they want to take the car from me or give them a bigger downpayment! (and by the way they don't want to give me my paper work) I know I have something here but what next what can they do what should I do?
The Dealer must eat it!!!!
Let them sue you, if that is what they want. Under the law, you contracted for a new car. They were not obligated to enter into a contract, but chose to. As long as you did not lie. Fraud is only when you lied or made an intentional misrepresentation. According to the C.A.R.S. program, the responsibility for the paperwork is on the dealer. When you purchase something, and apply for a rebate for a TV, it is up to you, not the store. Same here. Imagine bringing a coupon to a supermarket for $3.00 off an item, and getting a call from the store saying that the cashier never gave it in, so you owe the money.
Re-thinking car purchase
I recently bought a car in New Jersey..The car was advertised for $8495, but altogether it came out to $11,990. My Dad & I purchased it together, I'm the signer, he's the co-signer. I just signed the finance papers today..I also have a 2000 down payment with the dealer. I have been thinking about this ever since I left the place, since I bought this car on impulse and didn't realize what I got myself into..Now, I want to know..is there a way for me to cancel my contract? I signed the papers today (August 11) and I want to know if I can cancel the contract. I'm having buyer's remorse and really don't want to take on this loan..I know it was really stupid of me to act on impulse, but I honestly went to the dealership just to look, not buy..I called the dealership, but they said I can't go back on it since I signed it, but I've been looking at internet sites and some say that I have 3 days to cancel my contract in writing. Please let me know what I can do ASAP! I want to get out of this before its too late!!!
Unless the dealership had a
Unless the dealership had a "Wal Mart" sign over it I doubt there's a return desk.
A 3 day right to cancel a contract is only valid when the seller"dealer" came to you to get it signed. If you were on the dealer's premises and signed your paperwork then you're an owner, end of discussion
Yo Yo Financing
I purchased a 2009 toyota tacoma on Aug. 1 at a dealership in Los Angeles and I got a pproved for low interest rate and at a good selling price. Sounds familiar? I got a call from financing on Aug. 7 saying that the financing fell through and I have to sign a new contract with higher interest rate. It did not sound right so I researched online and found out about yoyo financing. I decided to return the truck the next day, Aug. 8. I told the financing the I am here to return the vehicle because the financing fell through and I do not want to keep the truck. He then told me that there is nothing to worry about because they found a lender and they get to honor the original contract. I told him to prove it to me in writting but he said that the contract is all I needed and the financing is approved so I do not have to return the vehicle or pay more. So pretty much the dealership was bluffin because I showed them I am not desperate to keep the truck.
Today is Aug. 10 and I am still uneasy about the whole deal. The truck currently has 130 miles and I plan not to drive the truck until I received the first auto loan bill which is due on September 15. Am I doing this right? I know I've seen some people have said to return the vehicle but the dealer will not take it back because they said its approved. Should I start looking for an auto loan just in case they pull the YOYO scam on me again? (To my next question, I know this may sound stupid but I am paranoid) After I make my first loan payment, is the deal finalized and I can drive my truck? Tomorrow is the 11th day, does that mean they can no longer change the contract? (I heard 10 days is all the dealers have to make changes in the contract). If I returned the vehicle, will they charge me any fees if they do ask for it back? I live in Los Angeles and I am not familiar with laws regarding returning the vehicle.
A little background. I have a 704 credit score, my wife has 735 who is a cosigner. I have purchased an 05 mazda miata and an 07 ford mustang before purchasing the toyota tacoma and this is the first time I ran into this kind of scam.
Shakey Financing
I purchased a used car from a reputable dealer, filled out all the paper work and got approved. Signed the contract and left with the vehicle. Now the dealership is trying to say that they need a down payment......after the fact. It was within 10 days, but if I cannot return the car if I don't like it, can they decided to try and scam more money from me?
same thing
happened to me ... it's so annoying.
The dealership I purchased from is also trying to raise my int. rate .....
I bought the car in AZ, but I live in CA(road trip gone horribly wrong) and now I'm out of state for work ... this is the hardest thing to deal with
Dealer Wanted $1000 GM Loyalty Rebate Returned
I recently purchased a GM vehicule on July 30th. I paid cash for the car and all incentives were applied including a $1000 GM loyalty rebate. I recieved the loyalty letter via an email despite not being a GM owner directly at the time. My sister was and is a GM owner but no longer resides with me. I called GM headquarters to confirm if I was eligible for the rebate and after being put on hold, a customer service agent told me I was. The dealer also looked at the letter and said I was eligible and that he would honour it. So I went ahead with the deal. Today I get a phone call from my salesperson saying I "owe them $1000 because I am not eligible for the loyalty rebate". Naturally, I was shocked and explained to him to take it up with GM customer service and the agent who's name and ext. number was duly noted on my letter. I explained that if I needed to pay another $1000 I would never had bought the car in the first place. My question is can they demand an extra $1000 from me? Can they cancel the deal and make me return my car? It was paid for in cash, is insured, plated and registered in my name since July 30th.
Thank You
Re
Tell the dealer to take a hike. They had every opportunity to verify your eligibility for the loyalty bonus before you took delivery. They knew that you didn't qualify because it wasn't an owner residing at the same address. Nothing they can do . PERIOD!
out of country dealer is not allowed to sell cars to me but did
I had recently purchased an acura from this guy. He bought it from the dealer who bought the car from an auction in America. I went to the MVA several times to get a temporary tag in order to get my car inspected, but each time I was told to fill out the title papers over and over again in different ways. When I had passed through everything the supervisor of the MVA told me that the dealer was from British Columbia and he could not just sell me the car. When I spoke with the dealer he told me that he before he bought the car he asked if he was able to sell cars to people in America and the person he asked said yes. He then sold the car to this canadian guy who then sold it to me because he was not able to transfer it to Canda and because they both could not make a title. The dealer said that shortly after he had bought the car that the law in Canda changed and hence he was not allowed to ship the car over. The MVA says I need to get my money back and run but everytime I speak to the dealer and the previous buyer they said that the MVA is lying and they have can back up what they say is true. I am not sure of what to do can you please help me? I want to know if there is anyway for me to get title in the car.
Can't get title for car, company out of business, dmv won't help
We bought a car over 4 years ago. The company has since closed with only an 800 number. We want to get rid of the car, but when I went to get the title, there is still a lean on the vehicle and we can't contact them about it, because they have been out of business for over 2 years. The DMV said they can't issue me one because of that, and that I need to go back to the dealer (which no longer exists) to get one. Btw, the car is paid for.
What can we do?
New car disaster
My husband and I purchased a new car (2009 Saturn) on Aug 6. Our credit is great and we qualified for 0% interest. The car's invoice had a package on it that was not present on the vehicle and the dealer told me I would need to bring the car in to have the package installed on it. I drove the car for the rest of the week and was called on the phone when to bring the car in. I took the car in and the dealership had it for about 3-4 days installng the package, repairing a little dent on the pasenger door that was there when we purchased it and detailing it. When we went to pick up the car, the manager said "you know about the knick in the paint on the drivers side, right?" My husband and I said..NO ABSOLUTLEY NOT!! It was not there when we dropped it off. It was about a 1/4 of an inch by 1/4 of an inch in the white diamond paint!!!! I was sick and said..you will have to fix that. The manager said he had a man in the DFW area that could repair it and I wouldnt even tell it was there but he would have to schedule it and I would have to bring the car back in. So, I drove the car another few days and he called and took the auto in. They had the car for another 3-4 day and we went to pick it up. Two WHOLE doors had been painted with very poor workmanship and the color was off!..We told the manager that it was totally unacceptable and after a lengthy discussion, he said he would send the car out to have the doors redone. The car this time is kept in the shop from July 25 - Aug 4. We went to see the car and it was better than the last paint job, but we had found out where the car was sent to be painted and did research on the painting process. Talked to the Service King company who explained that the paint wouldnt be cured for 90 days. Had been baked at 180 degrees for 1 hour. Factory paint is baked on at 400 degrees for an hour +. There were bumps in places in the paint and rather than being sleek , smooth and shiny, the doors looked like orange peel, overspray everywhere, paint in the interior of the door, rough edges along the side of the doors. At this point we are totally disgusted with the whole situation. We are paying top dollar for a now "used" car. We want to negate the whole deal since i have had my car 8 days to drive, their employees caused the chip, their painters messed up the paint job, and then the paint company further damaged the doors with their paint job. What recourse do we have... now as is, it is a used car but it was not our fault the dealership damaged it . I am ready to cancel the whole thing and start over at a more competent dealership. Oh by the way, my husband works for GM. The manager is telling us we can "trade" the car for another SATURN but we get the impression he thinks that we wont get full credit for what we paid for the car. He has been looking for a car similiar to what we bought since Tuesday and still no word today. HELP!
We are getting ready to call the Saturn Assistance Depaartment in Tennessee tomorrow to see if we can get any relief.
new car disaster
Dear Saturn owner,
What an unfortunate turn of events. It's understandable when you buy a new car you want it to be painted properly, from the factory, and not have a half-baked paint job that significantly diminishes its value, right off the bat. If the dealer doesn't find you a satisfactory replacement, go ahead and try calling Saturn to see what they offer. Saturn has a reputation for ensuring its customers are satisfied. They may be willing to work with you on this, then get things worked out between them and the dealer after you are taken care of.
Chances are someone else would be willing to buy the car at a reduced price, with full disclosure about the paint problems, so it's not like the dealer would have to take a complete loss.
Good luck!
Contract Should be Void
Hi,
I purchased a vehicle from a buy here pay here company 6months ago. I was told 3 weeks after I purchased that they couldnt get my tags because my license was suspended. The dealership told me that they would give me 5day tags every week until I was able to get my license back. I later found out that I wasnt able to get my license back for 90days. The dealership called me 1 month later saying they fired the finance manager and they will no longer be able to give me any kind of temp. tags but I could keep the vehicle and make the payments. They also have a repo gps device on the vehicle and if I default on payments they're able to have the vehicle not start, which they give me a code each month I make a payment. Four months passed and they called me saying my insurance is cancel due to my license being suspended and that I have 48hrs to get insurance or they will repo the vehicle. I advised them that according to virginia state laws if a vehicle is not able to be titled within a 30day period then contract can be void and all monies paid would be given back. I just made my payment about 2wks ago and now they wont give me a code to start vehicle and threatening to repo. I tried to talk this out with the dealership but since I brought up consulting with an attorney they wont return my calls. I feel this is wrong because I put $3000 down and have been making my payments on time for 6months and now they're trying to take the vehicle from me when they should have never let me keep it after they found out they couldnt title the vehicle or get tags for me. I feel that I should at least get some if not all of my money back because they knew all along that I couldnt keep insurance because my license is suspended and I am thinking they're trying to repo the vehicle to get out of hot water with the dealership board. Can someone please help me and give me advice on what I should do at this point?!?!?...Thanks
contract should be void
Dear Virginia car buyer:
You're right to be very skeptical about this deal. Buy here / pay here lots are notorious for finding some pretext to repo cars, ruining people's credit and leaving them without transportation.
You mention that you've already told them you're planning to consult an attorney. That is probably a good idea, since it looks like they are planning to repo the car, even though you put $3000 down and have been making all the payments.
To find an auto fraud expert in your state who can advise you how to get this resolved, without having your credit harmed, the National Association of Consumer Advocates, at www.naca.net, has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
Dealership sold me a car with extensive damage
Dear Chris,
I have a real problem on my hands and I don't know what to do! On June 25th I purchased a 2007 Toyota Avalon from Koons Used Care Outlet in Baltimore, MD with approx 41,000 miles for around $22,000.00 and was supplied a clean carfax report. This Koons is a major car dealership in our area with commericials on TV. The main reason I purchased this car was because of the on board navigation system. The dealer also provided the Kelly blue book value and the purchase price was under the price of the blue book value ( I thought it was a good deal) The disc was not with the car when I got it and the dealer said they had one on order. Well long story short it took 5 disc tries and over a month for us to get the right navi disc. While waiting for the correct disc to arrive first, on july 21st I heard some ticking sounds from the engine and found that no oil in the car so I had to purchase oil and put it in the car. I called the dealership and complained about that issue and they told me to bring the car in and they would find out why no oil was in the car. The service manager said every car they sell goes through a 126 point inspection before they put it on the lot for sale. Well, at this point I was dealer shy and didnt know if I could even trusted them to find the cause. Letting the car sit and not driving it, a few days later major storm came through my area and a tree fell and hit the car -I haven't even made the first payment yet). I told the dealership about the tree hitting the car and let them know the car was in the bodyshop and when it was finished i was going to bring it in for the oil problem. They were nice and said when you get the car back bring it in and we will proceed with the oil problem at that point. I filed a claim with my insurance company and they are covering the tree damage, while in the body shop I was just told yesterday by the claims adjustor and the bodyshop that this car has had major body work (with poor workmanship) and almost every panel has been worked on-some areas have been repaired at least 3 times over! Of course I had no idea that this car had any repairs on it at all because of them giving us the carfax report showing nothing! My concern now is that I have financed this car in good faith that it was a clean car with no hiden damage and it's value being priced correctly. Now that the damage is exposed and the value of this car has dropped considerably and feeling like this car is a lemon-what can I do about it? Is there any type of action I can take aginst the dealership who sold me this car? Can I get them to reprice this car at its appro value? Can I make them take this car back? Can I do anything about it?
I'm at a loss and don't know what actions to take at this point, please help!
Sincerely,
Lemon owner
dealership sold me a car with extensive damage
Dear Maryland car buyer:
Damaged auto fraud is a mult-billion scam in the U.S. The good news is that if you are persistent, you may be able to get this resolved without having to take a huge loss.
The first concern is your safety and the safety of your passengers. Ask the body shop if the vehicle was so poorly repaired it's unsafe to drive. If so, if you can possibly stop driving it until this is resolved, and drive another vehicle, put it in a garage or other place where it's not likely to be tampered with.
Then find an auto fraud attorney who can assist you. www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving an auto fraud expert to get things resolved fairly and quickly.
For next time, when you are looking for a car to buy, be sure to insist on getting your own independent inspection done BEFORE you agree to anything. After you decide what make and model you want. and can afford, shop for a good mechanic before you shop for a car. That way, you can avoid a lot of nasty surprises and headaches down the road. If the dealer won't let you get the car inspected before you buy, take your business elsewhere. Remember: it's a buyer's market. There are lots of great deals out there if you take the time to shop around.
Here's a video with car-buying tips for avoiding some of the most common scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Good luck!
dealership told me to lie
im trying to buy a used car but the dealership told me to lie at the bank and say that i gave more down than what i actually am and that i make more than what i actually do. Is this normal? im only giving 1000 down and they told me to say im giving 4500 down.
dealership told me to lie
Dear Daniel,
A lot of dealers are falsifying loan applications these days. That doesn't make it right. It is illegal to lie to the bank. Don't do it. It is also a sign that the dealer is trying to get you into a bad deal you cannot afford. Don't walk away from this dealership -- RUN!!
vehicle purchase gone bad
I went to this dealership to buy a car. Well i already knew that i would need a cosigner. So I talked to my grandmother about cosigning. she went with me. They told me she didnt need a driver liscense just an id because she was just a signer. I paid 3000 plus the agreement say they gave me 5000 for the trade in. and then they asked me for 150 cash for final processing. But when i got my paper work in the mail to get my tag, my name was no wher to be found. they put the vehicle in her name. i called the finance company and they didnt wana talk 2 me cause i wasnt on there.They called a week later and said they found a fake driver license and fake information from social security. so i have had this vehicle for a year now, and the finance cmpany says ot was a deal they did but it went bad. so the finance company made the car dealership buy the vehicle back. And sent the dealership the tilte. I asked for my money back because i was not aware of this fraud. now im getting all kinds of threating calls and the dealership asked me to come in and we could talk about it and get the finance company to take the loan back. when i got there they told me to bring the car the next day so it could go trough a inspection but i feel like they were trying to take back my car on a sly. So now they are telling me that if i dont return the car, theyre gonna have me locked up for a stolen vehicle. I even tried to pay my notes to them but they wont accept my money. Im not a theif. Its not like i walked up, took a vehicle and drove off I went there for a car. But if any1 has any words of advice, please let me no i could use the help because now im on depression meds from being depressed because of all this drama
vehicle purchase gone bad
Dear Latasa,
You're wise to be skeptical about their motives. This looks like the dealer probably messed up the loan documents and now is trying to trick you into surrendering the vehicle, which could end up being reported as a "repossession" on your credit report, and / or your grandmother's credit report.
You may be able to come out of this OK, but you need some legal help to get this sorted out and make sure your interests are protected. Especially since they are threatening you, this is something you can't ignore.
To find an attorney who can assist you -- www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Look under "find an attorney" for attorneys in your state who are familiar with auto fraud and Fair Debt Collection Practices Act cases. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving a legal expert to get things resolved fairly and quickly.
If you have trouble finding an attorney who can help you, after contacting several, you can also see if you qualify for legal aid from your local non-profit legal services organization. You can contact your local Better Business Bureau and ask them to refer you to your local non-profit legal services organization -- be sure their services are free (there are a bunch of imitators out there with similar names who are NOT non-profit and can be pretty shady.)
Hope this gets resolved quickly for you so you can get back your peace of mind.
jammed with a higher APR
Hi;
Can anything be done about the fact that my car dealer quoted me an APR of .9% and then after stupidly signing the lease and taking the car by calculating the "rent" figure on the lease, I determined the APR used was actually 3.50%...I am astounded by the car dealers braziness to cheat and lie....What should i do?
jammed with higher APR
Dear Bruce:
You can try going back to the finance person who got you into the inflated interest rate, and requesting that he stick to the terms you had agreed upon, but since you signed the lease agreement, don't be surprised if he just shrugs it off.
You could also try to find an auto fraud attorney who can assist you. www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving an auto fraud expert to get things resolved fairly and quickly. Some are very familiar with lease agreements, which are often written to be almost incomprehensible.
Good luck.
clunker program, dealer wants to
My finance purchased a new car and traded a 1984 clunker under the "cars program". The dealer said the 1984 trade "qualified" for the $4500 federal rebate. He took delivery of the new car and gave them the trade on Tuesday, July 28th. The California retail installment sale contract was signed on July 28th. He gave them a $6000 down payment and financed the balance. Later that day on the 28th the salesman and finance mgr called to ask him to RESIGN the retail installment sale contract. They said that they had to show the trade differently. They asked him to come in on the 29th of July to resign. After reviewing the new document, the trade-in value is listed as $.01 (one penny!) and in the "Total Downpayment" area of the contract they show "CARS PROGRAM" $4500. Does this give the dealer protection and an out?
Thursday July 30th, all hell breaks loose with news stories of the govt. program's rapid demise. Well, you guessed it, the dealer calls him on Friday evening August 1st and says he has bad news, the clunker does not qualify! He says that the gov't will not honor the trade because of the 25 year window! The salesman checked the manufacturing date on the door and it read July, 1984. After further questioning on our part, we discover the dealer sat on the paperwork and did not begin processing until sometime Thursday July 30th! The salesman tells us that when he first checked on the trade it qualified and now it does not because of the 25 year window expiration. What is going on here? It seems that the dealer should have registered this trade immediately and not have waited until Thursday July 30th. They do not give an exact manufacturing date, only month and year. Going by month and year, I would assume the gov't would honor the July, 1984 manufacturing date provided the car was registered BEFORE AUG 1ST. Now we are out $4500 and they have our $6000 deposit. The dealer blames gov't, we blame the dealer and feel his negligence and delay on the clunker paperwork has cost us $4500!
Please can you help us! What are our options? We like the new car and the deal. We feel we have a valid binding contract and want the dealer to honor it. The dealer wants an additional $4500 from us.
Most people that I have spoken with, feel the dealer was negligent by not properly qualifying the trade ahead of time with the gov't clunker program. They were in a rush to write the deal and deliver the new car! I feel it was THEIR mistake not ours! They are suppose to be professionals and understand special programs. Nothing on the contract says that the deal is contingent on acceptance of our trade in the clunker program. Do we have leverage? Can we make the dealer eat the $4500? It is very interesting that the dealer shows the trade-in value only once cent!
Please help us. Thank you!
KEEP THE CAR!!!
Under the C.A.R.S. Program, the dealer, not the consumer, is responsible for the collection and filing of all documentation regarding the program. If the car is titled in your name... enjoy it, it is yours. According to the rules, DOT has stated that any dealers who have rejected transactions, must bear the loss. Since they are the prime winners in the program. When the dealer made up the contract and gave you an allowance of $4,500, the dealership bears the risk of loss should the deal get rejected by the government. The program is completely voluntary. Dealership had to register for the program. They did this because they had no business. I personally contracted for a Honda Civic. I was told that the paperwork was submitted. Under the rules, your information can only be submitted ONCE. If you cancel a Clunkers contract after submission, you are ineligible to do it again. Although I submitted a letter verifying insurance for the last 8 years, the dealer called me the day of the program end wanting insurance cards. Letters are allowed. Would you believe they called me 4 days after the end of the program to tell me they never submitted the application, and wanted to know where to send my deposit. The salesman even followed me outside to tell me he could save me me $2,500 if I came back next week. I have contacted DOT, several consumer groups and filed a complaint NHTSA (they are running the problem). Do not return the car. File complaints with your local government consumer affairs office, and your state attorney general. Additionally, write to your local congressman, and U.S. Senators. The news just talks about the poor dealers. Check out Fox News. A woman has been waiting three weeks, been paying a loan on a new car, and the dealer is holding it. She and Fox News are blaming the Clunkers program. They are blaming the government, even though the dealer is violating the law by their actions. I have a date with small claims. Enjoy the car.
clunker program, dealer wants to scam you
Dear Gabi,
In my humble (non-legal) opinion, I think you're right. When a dealer advertises that you are buying the new car under the Cash for Clunkers program and your vehicle qualifies at the time, that should be it. They may have botched it by not sending in the paperwork on time, but that isn't your fault. The 1 cent value for your trade-in is also highly suspect. Virtually any vehicle is worth more than that, as scrap. The government regulations require them to give you a good faith estimate of the scrappage value.
My organization is working to improve compliance with the law, and bringing problems with the Cash for Clunkers program to the attention of federal authorities. If you would like to help expose these questionable tactics, give me a call. My office number is 530-759-9440.
Rosemary
Resist All Protective Coatings Warranty
my brother bought a used car and the dealer made him purchased the Resist All Protective Coatings Warranty, we went to the dealer to cancel it, the finance guy told us we cannot cancel it.
is this true?
Thank you so much
resist all protective coatings warranty
Dear Tarik,
Take a good look at the terms of the warranty. Usually you can cancel and seek reimbursement, minus a pro-rata charge for the time you were covered. If the dealer continues to stonewall on this, you can try canceling it by writing to the warranty company directly, and if they fail to give you a refund, seeking reimbursement from the warranty company or dealer via small claims court. The court may have advisors who can help you sort out who you should sue, the dealer or the warranty company, or both.
Good luck!
New Corvette deal went bad
Hi, We went to our local dealership to purchase a new corvette. They didn't have one with the options we wanted but said they could locate one for us. First day said he found one in MD and we signed all contracts to purchase. Was to be delivered in 2 days. A week later, still no car, salesman tells us that the one in MD was hit so he couldn't produce that one. He found another one, I asked that he get the O.K. from the other dealer before offering it to us.
He said he had the deal with the other dealer and we signed contracts again. Was to be delivered in 3 days. After another week and several excuses, we were told he couldn't get the car. I have had it with this dealership. I am now worried that the 2 contracts we signed could ruin our credit, even though the dealer never produced the car. Have anyone else had this happen? I have decided just to forget a corvette for now, it's been too much stress.
New Corvette deal went bad
Dear Corbette want-a-be:
At a minimum, write a memo to the dealer confirming that you never received either vehicle, and send it via certified mail, so you have a paper trail in case you end up disputing these transactions.
Request a copy of your credit report from each of the 3 major credit reporting agencies to find out if the dealer reported anything that could harm your credit.
If he did, it's probably a good idea to find an attorney who specializes in Fair Credit Reporting Act cases, who can assist you. www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving an auto fraud expert to get things resolved fairly and quickly.
Good luck!
can we just give it back?
my father and I bought a car. we signed the contract saying we would pay a certain interest rate a month. a few days later the dealer called and asked us to come in and sign another contract for a higher interest rate. can we refuse and just give the keys back?
can we just give it back?
You're smart to be skeptical. This looks like an attempted yo-yo transaction That's a scam where the dealer tries to change the terms of the agreement after you have signed one contract, to extract even more. Here's info about yo-yo financing:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
Here's a video with more info about yo-yo transactions and car-buying tips for avoiding common scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Before you go back and sign anything, talk with an auto fraud expert in your state who can advise you how to either keep the car on the terms you agreed to, or rescind this deal and get your money back, without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
down payment refund inquiry
I put down $2000 down payment on an used car worth about $37k and filled out the application for finance. The next day I found out that I won't be able to finance the car so I promptly email the dealership letting them know. I go to the dealership 2 days after my first visit to inquire about a refund on my down payment. Turns out that I was only approved for $20k so I was unable to finance the car anyways. When I asked about my down payment refund, the manager there started giving me the run-around and told me to call him the next day after he had a meeting and suggested that he might have to keep my down payment until the car sells to another buyer.
Should there be a problem getting my down payment back? The only thing I signed for so far is the "used vehicle bill of sale" when I originally put down the down payment but the entire process was never finalized because I was waiting for the finance approval.
recent purchase of a luxury used car
I just purchased a luxury used car from a major car dealership in bergen county, nj.
one week later i noticed that the horn didnt work. I took the car back to dealer and was told by their service dept that they couldnt fix it, "it would have to be taken to Land Rover". I asked my salesperson who would be responsible for this cost (as i do not have a warranty, this wouldnt be covered anyway) and he said go get it checked out and then we will "work something out". Car needs to get inspected, i have had it for 2 weeks still have temp plates. Day after purchase left messages cuz i had a question and didnt get any call back. Is the used car dealer responsible for making sure this car passes inspection before selling it? Im very angry, is there any recourse?
Dealer Never Filed Extended Warranty - Recourse?
When I bought my car I also purchased an extended warranty from the dealer. I had a slight problem with the car and took it in to another dealer. I was informed that the extended warranty paperwork I have is meaningless because the dealer that sold it to me 'never filed it'.
They did, however, manage to remember to cash the check I wrote for it. They never informed me of any problem obtaining the extended warranty and I went
When I called them I was told that it would be hard to figure out what happened since it was over three years ago that I had bought it. This seemed like a poor excuse. It's been a month of phone tag with them and I'm getting extremely frustrated. I suppose its lucky for both parties that I now live across the country as I'm wondering if their lack of concern might best be rectified with a swift kick to their collective rear end. :)
Is there anything I can do to hurry this up? Is the best I can hope for a refund? Can I force them to buy the coverage they sold me? My point of view is that they agreed to sell me an extended warranty at a certain price in a contract and that if they are going to have to pay extra in order to fulfill that contract then it is an appropriate punishment for their poor business practices. I have not shared this particular thought process with them yet since they were so busy trying to finding out what happened.
Any insight into my rights in this matter would be most appreciated.
dealer never filed extended warranty
Dear James:
This has become a common scam. Pocketing your money and not activating the policy is a blatant fraud. Some consumers have received full refunds. Some consumers have sued and gotten discovery of dealer documents, and found out the dealer did the same thing to a lot of car buyers, and made them give restitution to all the victims.
Since this dealer is not being cooperative, consider taking him to small claims court or hiring an attorney who is willing to go to bat for you and possibly others who were also cheated. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
PS for next time when you buy --it's usually smartest not to get extended warranties because they are overpriced and full of exclusions.
Did i get scammed
I check out an ad on craigslist for a 2000 mercedes suv. I test drove the car, and decided to buy it. The guy told me he had the vehicle for over a year but for some strange reason he didnt have the title and it had temp plates on it. I was promised in writing the title in 3 days. THat didnt happen. He then called me and told me to meet him at the dealership where he got the vehicle so the new title can be sent in my name. While the dealer was talking to him i overheard him say he still needed to bring in the rest of the money on the vehicle. Again this got me thinking, then come to find out on the long form he only put i paid 5000 for the vehicle when i paid 6500. The vehicle also needs to pass emissions and i have to do that myself. I guess my questions are. Can the guy i bought the car from sell me the car for more than he was supposed to pay for it, even if he hasnt paid it off? And does the dealership have to do the emissions testing before selling the vehicle? I feel like i got scammed somehow in someway. Is there anything i can do?
I thougt my apr was going to be lower
I went to A car dealer bought a car paid 30% down on the car but when I was starting to sign the contract I noticed that they had me at A 25.99 apr. they said that because of the bad credit . there was no bank that would take me for any lower apr they would finance me there. but I thought that was a high interest rate. What is the higest interest they can charge me. thank you and I hope you can help me with this problem
Interest rate sky high
Dear Car Buyer:
Auto dealers usually get a kickback from the lender, in exchange for raising the interest rate on your car loan. This has become a major source of profits for auto dealers. So they tend to lie and make you think it's the best you can do, when in fact you can often do better shopping for a loan yourself, for free.
You may be able to refinance at a much lower rate. Try joining a credit union and asking them what kind of financing they can offer. Also, find a reliable credit counseling service, that is a non-profit and does not charge for its services, and ask them to help you figure out how to improve your credit score. Your credit union may also have some good advice about how to do that, so you can save on interest in the future.
If you find out you were cheated into paying an exorbitant rate, and want to look into taking legal action, an auto fraud expert may be able to help. www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving an auto fraud expert to get things resolved fairly and quickly.
Running the Credit into the ground.
What can you do if a car company runs your credit 15 times, thus essentially ruining your credit score? Why would they run it that many times and how many times SHOULD they run it in order to find you financing?
running credit into the ground
Dear Jennifer,
A lot of auto dealers are doing this, for at least a couple of pretty shady reasons. 1. Most dealers get a kickback from lenders in exchange for jacking up the interest rate on your auto loan. So when you apply for credit, they shop your loan application to a bunch of potential lenders, to find out which one will offer them the largest kickback. 2. If they trash your credit, it makes it easier for them to keep you from going somewhere else and getting a better deal, essentially keeping you dependent on them for financing.
Some attorneys have been taking dealers who do this to court, with good results for the car buyers. If you are interested in seeing if laws may have been violated in your case, and finding out what your rights are, an auto fraud expert may be able to help. www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving an auto fraud expert to get things resolved fairly and quickly.
What legal action can I take?
Firstly Smithtown Nissan in Saint James NY scammed me getting into a lease agreement. I never leased a car before so I went to the dealership on a Sunday evening when the dealership was about to close around 5pm, they offered me a good deal for two cars for my husband and I. We put a down payment on the cars told them we'll think about it and let them know the next day. They worked hard to convince us that we can drive the cars home and bring them back tomorrow. I told them that I don't have my picture license as I went to DMV two days prior going to the dealership and they gave me an interim license until they actual license came in the mail. I know under NY law you can't register a car with a government issued photo id with your D.O.B. I figured the deal was not official as they needed this information and I trusted that they would submit any of my paperwork. I called Smithtown Nissan the very next day left numerous messages I finally got the finance manager who said that the cars are mine and they could do nothing for us. I was taken aback as I couldn't believe what I was hearing. We had talked about trading in my car which I had for these car but the deal was not to go through unless they saw my car. they sent all the paperwork through without seeing my trade in and said that if I didn't bring in my trade in they would tremendously increase my lease payments. Can do this? And to top it off how can they sell a car to someone who doesn't have a license on them. Don't you need a valid drivers license with picture and date of birth. They said they submitted all the paperwork to DMV but how could they as DMV would never process the paperwork at 8 pm Sunday night the same day I was there. I don't know what to do as I called DMV and they have not registered my car. what do I do? I did some research on the Internet about this dealership and found that they have scammed a lot of people. What can I do? This dealership never registered my car they lied to me and threatened me to ruin my credit if I backed out or didn't pay my lease. They conned me into getting my car over to them orelse they said that they would enormously increase my payments. What legal action can I take?
what legal action can I take?
Dear New York car buyer:
This looks like a tricky situation where you signed some documents and may have a contract, but they may have misled you about the terms. The fact they are trying to pressure you into bringing them your trade-in, under threat of ruining you credit, raises some red flags.
To protect your credit and make sure you dot all your i's and cross your t's, it's probably best to get some help from an auto fraud expert who can evaluate your case and advise you what your rights are under NY law. www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving an auto fraud expert to get things resolved fairly and quickly.
I leased my vehicle to a company and now they are not paying me
Since my husband died, I have been paying 2 car payments monthly. A construction company asked if i would lease the vehicle to them. They wrote a lease agreement stating they would pay all state and local taxes. They would pay for all the upkeep on the vehicle and repairs and they would pay me $400 a month for 3 years. Needless to say, they did pay 2 months and got insurance on it, but they never registered it with DMV, never gave me back my plate, never got it inspected and they owe me 1 month payment now and now the county tax is due. They stopped all communication with me. I am having my lawyer write a letter to them, but what are they liable for?
leased vehicle to company that stopped paying
Dear Owner of Leased Vehicle:
I am not an attorney, but usually someone who enters into a contract with you is liable for meeting the terms of the contract. For the specifics, this is a good question to ask your attorney. Best wishes with getting this resolved. You're wise to pursue it and not let them get away with stiffing you.
How do I cancel my Contract
We bought a car and for finacial niss haps we can't afford the car. How long do I have to cancel a contract? Also, how do I do that? I need help
how do I cancel my contract
Dear Car Buyer:
Usually, once you sign a contract it is binding, unless you can show that there was fraud or some other violation of the law. However, you may be able to refinance your loan at a better rate and get your payments reduced. If you aren't already a member of a credit union, join one and ask if they can give you a better deal on your car loan. Often, credit unions have better rates than you can get from other lenders. Meanwhile, if you can possibly make the payments, do so, to help preserve your credit and help you qualify for better terms for your loan.
Also, you can ask your local Better Business Bureau if they would recommend a non-profit consumer credit counseling service that can help you improve your credit score and tell you what your credit options are, so you can get a better deal.
If you want legal advice about rescinding the deal -- an auto fraud attorney familiar with the laws in your state may be able to assist you. The National Association of Consumer Advocates at www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving an auto fraud expert to get things resolved fairly and quickly.
Fraud or Just a Bad Faith Contract?
I purchased a new 2009 Chevy Equinox from a car dealer, specifically Healey Brothers Chevy in Beacon, NY. When i got home with the car, my wife asked me for the window sticker. I had never seen such a sticker through out my purchase at any time. So I did some research and found that it is in fact illegal to sell a new car without a window sticker. I called the dealer and asked him to fax me a copy of the original window sticker, which he promptly did. Upon review of that window sticker and my contract, I realized that I was charged $1750.00 over MSRP and $944.00 for a extended warranty 100,000 miles / 5 yrs, whioch was clearly listed on the window sticker as standard equipment. Naturally one could say I was the idiot, however it was my first new car purchase. It is my understanding that this window sticker law is designed as a tool for the consumer (me) to avoid such deception by dealers. Does anyone think that given the facts, I can cancel this contract? Is there any legal action that i can take? Any advice would be greatly appreciated.
fraud or just a bad faith contract?
Dear John,
You're right -- the sticker should have been displayed on the car.
Some consumers who were charged more than the advertised price have managed to get the deals unwound. You may also be able to cancel the redundant service contract and get a refund.
First, write to the dealer and request a refund. If they don't cooperate, talk with an auto fraud expert in your state who can advise you how to either keep the car at the advertised price (or better), or rescind this deal and get your money back, without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
before giving.........
your obvious ASSUMPTIVE advice to all these people, you should really do some homework yourself. Yes, the "Maroney Sticker" should be displayed on every new vehicle..........
Rosemary, you have stated that you ARE not an attorney and therefore should not give any legal advice unless you have some other credentials to be able to do so!! You just seem to think every dealer is a scam artist when the truth of the matter is that these are grown people signing these contracts. Legal contracts, and with all the compliance laws these days is is too risky for a dealer to step out of these boundaries without serious consequences.
title
I bought acar in Irwin, Pa. six months ago, paid cash, received my pink buyers copy, but then the car dealer went out of business two days later. I have been trying for six months with Harrisburg to get a title. Since the car is not registered it sits in the garage with insurance coverage. Can you advise?
title
Dear PA Car Buyer:
More and more dealers are failing to provide titles on vehicles and going out of business. Often they don't even have the titles to give, because they didn't pay off the liens, and are selling vehicles they don't own.
Some states have established restitution funds to assist car buyers in recouping at least some of their losses, but I don't belive that PA is one of them. However, you may be able to collect against the dealer's bond, if it hasn't already been depleted by other claims. Ask your state motor vehicle department to help you identify the bond co. for the dealership.
You can also try complaining to your state attorney general to see if they will go to bat for you and help you get this straightened out.
Here are a couple links to more info about this scam:
http://www.carconsumers.com/FoldingDealers_AP.html
http://www.carconsumers.com/Bailout_news.html
CARS is working to persuade Congress to act and provide restitution to victims of deadbeat dealers. If you would like to contact CARS, and help raise the visibility of this problem, send your contact info to stopscam@earthlink.net.
Good luck!
Serious Car Issues
Over 1 month ago i allegedly purchased a vehicle from a used car lot. They ran my credit and after running numbers they said that my loan was sold buy a finance company. In light of that I had assumed the car was as good as mine, the vehicle was purchased so I could move cross country. After over 2 weeks they tell me they need the car back and the loan didn't fall through. I recently checked with the DMV and the registration is not in my name either. I have made a 1 car payment and am about to give them a second payment but to be honest I don't know where I stand with the car. To top things off the car is having major problems and doesn't even run properly now. Help me please!
serious car issues
Dear Car Owner,
This looks like an attempted yo-yo transaction That's a scam where the dealer tries to change the terms of the agreement after you have signed one contract, to extract even more. Here's info about yo-yo financing:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
Here's a video with more info about yo-yo transactions and car-buying tips for avoiding common scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Before you go back and sign anything, talk with an auto fraud expert in the state where you bought the car, who can advise you how to either keep the car on the terms you agreed to, or rescind this deal and get your money back, without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
bought defective car
I got my first car a year and a half ago from a buy here pay here dealership. I put $1800 down and signed for a 2 yr contract with a finance company for $350 a month. This is a 1999 honda accord that Im buying for over $10,000. My problem is the day I drove it back to my house the car wouldnt start anymore. I finally talked to the dealership and they said that it was the thermostat. The mechanic was telling me how the dealer doesn't like him to actually fix the cars because it is too expensive. Anyways, I replaced the thermostat and the car overheated for 2 days until it stopped working altogether. I couldnt drive it. It sat for over a month until I had the money to get it towed to my home town for a friend of mine to weld the block together. They sold it to me with a cracked block. Now, the dealer said there was nothing I could do about it because I got it "As is" and I signed where it said that it could have a cracked block. So I have told the finance company from day one about the problems and I'm not completely sure why they never did anything about it. Anyways, Ive been paying for a year and a half now and Im sick of it. The car is getting worse again because the weld is temporary. The key wont come out of the ignition unless I unhook the battery. The headlights dont work. Theres multiple problems. The Honda dealership told me that whoever sold it to me rigged the electrical wiring and that the grand total to get the big problems fixed on my car is going to be about $9,000 and the car isnt worth it nor can I afford it. I told the finance company that I have the car through that Im not paying anymore and the dealership screwed them also. I have records of me complaining about the problems with this car since I got it. The finance company however, says they wont come pick it up because its defective and they wont make any money off of it. So I get to keep it without the title and I wont get that until I finally pay the car off. Is there anything I can do about the problems with the car??
bought defective car
Dear Meagan,
Looks like the dealer sold you an overpriced junker and you've had to struggle with it, ever since. Buy here / pay here lots are notorious for doing this. Here's a video with more info about how they operate, and non-profit programs for assisting car buyers in getting safe, reliable, fairly priced transportation: http://www.aecf.org/video/fes/Dream.html
While it's a pain, and unfair, the smartest thing to do is to keep making the payments, if you possibly can, until you get this resolved. Having a repo on your credit would last for 7 years, and during that time would cause the interest rates on your credit cards to skyrocket, cost you tons when you buy another car or get any other loan, and hinder your ability to get employment or housing (since employers and landlords do credit checks before hiring or renting).
You've been paying for one and a half years, and have only six more months to go. Don't throw in the towel. If you keep making the payments in full and on time, the fact you've been paying it off for so long should help you establish good credit and make your next vehicle more affordable. See if you can get your Honda fixed enough to keep it limping along until you get this resolved, one way or another.
The fact it was sold "AS IS" doesn't necessarily mean you don't have rights. In many states, there are implied warranties that may apply, and the fact the dealer got you to sign something saying the block may be cracked could end up being evidence he knew he was selling you an overpriced clunker, depending on the specific facts involved. To find out what your rights are,
talk with an auto fraud expert in your state who can advise you. You may find that you can rescind this deal and get your money back, without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
For next time, when you are looking for a car to buy, be sure to insist on getting your own independent inspection done BEFORE you agree to anything. After you decide what make and model you want. and can afford, shop for a good mechanic before you shop for a car. That way, you can avoid a lot of nasty surprises and headaches down the road. If the seller won't let you get the car inspected before you buy, take your business elsewhere. Remember: it's a buyer's market. There are lots of great deals out there if you take the time to shop around.
Here's a video with car-buying tips for avoiding some of the most common scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Good luck!
I bought a car from small
I bought a car from small dealer...i twas finaced thru a credit union ...I later found the dealer did not do the regisrtation on vehicle as promised and credit union did not receive the titlle...I ad the car for 9 months until I decided I need to get another because it was not safe to drive unregistered vehicle...I did voluntary repossession with the credit union .......later someone else claimed the car from the credit union because it was stolen from her and resold to me........now the credit union is going after me to pay the loan back instead of going after the dealer... I do have a complaint going at the attorneys general's office....is there anything else I can do to avoid paying a loan for which I have nothing to show..
bought a car from small dealer
Dear Samuels,
If I understand this correctly, the dealer sold you a car that had been stolen and they never had title to it. But the credit union is going after you, and you now have a repo on your credit. IMHO, looks like you've been treated very unfairly, and should be able to take legal action against the dealer, and possibly get the lender to back off, and get your credit restored. I definitely encourage you to fight this.
To find an auto fraud expert in your state who can advise you how to get this resolved, check out www.naca.net, which has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
can you void the lease and buy the car within 10 days?
I signed the lease for a 2009 Civic on 6/30/09 and picked up the car on 7/01/09. Later I found that If I were to buy this car, I could have trade in my 2002 Mazda MPV and gotten $4500.00 due to Obama's New stimulus program which came in effect starting july /1/09 ("cash for clunkers"). So, I called the the dealer ship on 7/06/09 and asked them If I could void the lease and buy this car to make use of the stimulus.
They telling me that I have no way to buy this car and I am stuck with the lease till I pay off the term.
I was very disappointed with this dealership for not mentioning this stimulus--even when I was trying to trade in that Mazda---, they only offered on $1200.00 and that's why I kept the van. Isn't it better for them to have some one buying this? Does anyone know a way to buy this car and get out of the lease? Are they telling me the truth?
thanks,
can you void the lease and buy the car within 10 days?
Dear Susan,
Unfortunately, once you sign a contract, it is usually binding on you, unless you can show fraud or some other violation of the law. Virtually all lease agreements include early termination penalties that are very costly, so ending the lease early on is usually one of the worst options. Also, since you leased the new Civic, if the dealer took it back they would have to resell it as a used vehicle -- worth a lot less than a new one, so they would have to take a significant loss.
If the dealer had been smart, they would have told you about the Cash for Clunkers program so you could have made an informed choice and been a happier customer. They now have a situation where you are unlikely to do business with them in the future -- not smart, especially in this low sales environment.
thank you
Rosemary,
Thank you so much for the information. Yeah, I am very upset with them for playing ignorant. When I I called back to see if I can buy it and asked him why they didn't mention about the program. Sales guy was telling me that they didn't know anything about the new stimulus---which I don't believe at all--once again, when you think you can trust a sales guy--they all the same--hard to find an honest sales person. What I don't understand is, I called back within 3 business days and didn't they had enough time to void the lease agreement and sell me the car? Isn't it better for them to sell it than lease? They ignored all of my follow up calls and that's what made me irrate and I end up writing to the general manager and he end up calling back to say that they can't help me. Well, they lost my business and I been telling everyone at work about my experience.
susan
susan
i bought a car But I am trying to return it within 2 day
but the sales man toldme that i cant, becouse i allready take the car out side off the dealer, this is A Used car and i give $5000 down and he refuse to giveme to me back, hi told me that i am going to pay 12 % but the papper says 21% ? I Dont Understand and also he make me sign a Contract Cancelation Refused
Bought car, trying to return within 2 day
Dear Israel:
It looks like the dealer changed the terms on you, after luring you into an agreement at 12%. Since you signed a document indicating you refused the two-day return option, you can't return it under the return option. But you may be able to rescind the deal and get a refund, due to his promising you 12% then sticking you with a whopping 21%.
Talk with an auto fraud expert in your state who can advise you how to handle this situation, without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
ARIZONA AUTO DEALER FRAUD experience -- SELLER repo'd day 61
In April of 2009 I purchased a car from another dealer and this dealer was pulling many dealer tricks out of the trunk. I'm ready to continue with my efforts for as long as it takes. I do not and will not give up....if my money is not returned as it is the lawful and moral thing to do...then hopefully it will come out of your business one way or another and I would hope ten fold.
Meko Keira Jean Tanaka
VICTIM OF DEALER TACTICS AND LACK OF MORALITY
ARIZONA AUTO DEALER FRAUD experience -- SELLER repo'd day 61
Dear Meko,
In my non-legal opinion, it looks like you may have a fraud case, and possibly an unfair debt collection practices act case. Your best bet, in addition to filing the complaints you've already filed with the BBB and government agencies, is probably to find an auto fraud expert in your state who can advise you how to deal with this situation, get justice, and get your credit restored. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
seller right to rescind
Does notice of cancellation in 10 day period have to be in writing?
seller right to resind
According to the boilerplate language on the back of the typical auto retail installment contract in CA, the "Seller shall give you written notice (or in any other manner in which actual notice is given to you) within 10 days of the date this contract is signed."
The language in parentheses seems to indicate that as long as you have "actual notice," whether written or not, it complies with the terms of the contract. However, please note that this is not a legal opinion and if you have a particular case involving whether the notice was adequate, it's best to contact an auto fraud attorney to get legal advice.
Legal Advice
I need some legal advice regarding a car dealership and a deal that went bad. To sum it up they gave my wife and I a car at a set payment and a down payment of 800 dollars. They put just my name on the loan. We drove off and had the car for about 2 days. Then they called us to come in to the dealership to add my wife as a co-signer because the loan fell through. After that they said since she had worse credit our car payments would go up 37 dollars a month. I refused and gave them the car back. Now when we gave the car back they did not give us our money back. It took them 6 days to pay us back. I was lead to believe that is illegal and that they should have produced the money the same day they took the car back. I made every attempt to get my money back the same day we returned the car but they refused. I would like to know if that would be grounds to have them either sued or fined. Any help you can give would be appreciated. Any Legal documents you can point to will also help.
delay in getting refund
Dear Grace Family,
This is not legal advice, but for what it's worth -- they probably should have given you your money back right away, but since the delay was only 6 days, it may not be worth making a big deal over it.
Sometimes dealers refuse to give down payments or traded-in vehicles back, and force consumers to take them to court to collect. Those cases are pretty egregious, and it makes sense to pursue them.
If you would like to get a legal opinion, contact an auto fraud expert in your state who can review your documents, discuss the particulars with you, and advise you. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
Bought a car 1 year ago
I bought a car 1 year ago and lost my job 3 mos later, during this time my car was stolen which I reported. Five months later I recieved a call from a security guard in a hospital nearby asking if the vehicle was mine. After getting the vehicle I called the police department and told them I have the car. I also called the finance company and told them about the car and also explained my financial situation. The rep said that they don't want the car but that I have to make the back payments and whatever else I owe to them. I live at the same address for 7 months before moving to another state. I did not even try to hide my car and I bought a new tag in the process. No one ever attempted to reposses the car and no one even called me from the finance company. One day after moving to another state I was talking this over with a friend who is familiar with this same finance company and she told me how this company has been reported as a fraudelent company for years. I called the company since living here and their number is disconnected, so I called another branch of this company and they could not find a file on me. The problem is I cannot get license or tag without a title. I am afraid that if I apply for a tiltle with this company as my lien holder that I may get into serious trouble somehow because they were known to do this to other people with the same situation. What can I do to obtain license and a tag in SC???
Bought a car 1 year ago
Dear SC consumer:
If you still have the original bill of sale and other documents indicating you purchased the vehicle, hold onto those and keep them in a safe place. It's not clear to me whether you've been making all the payments. If so, you may not be at fault in any way, and getting this resolved may be fairly simple. If you have doubts, however, you can check with an auto fraud expert in SC who can advise you, to help ensure you're complying with the law and don't run into a glitch trying to get proper documentation.
www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
You can also contact the SC motor vehicle department and ask them what to do in a situation like yours, and see what they suggest.
Good luck!
No contract given
What if the dealer did not give you a copy of the contract?
no contract given
In my non-legal opinion, dealers are required to give you a copy of the contract. If they refuse to do so, write a demand letter and request it, and send your letter certified so you have proof they got it. Also complain to your state motor vehicle department (but don't expect them to get it for you, since they are probably swamped and this is probably considered a lesser violation -- unless they get a ton of complaints about one dealer.)
If the dealer still refuses to give you a copy, or if you receive a copy that has been altered or forged, you can contact an auto fraud expert in your state who can advise you how to proceed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
Purchased 3 day contract cancellation option. HELP!!!
I bought a used car (California) and purchased the 3 day contract cancellation policy. It's from 7/1 to 7/4. I got the car checked out and it needs 2800 worth of repairs so I brought it back today (7/3), but the dealership was closed and I assume they will be closed again tomorrow for the 4th of July. I have a 250 mile limit and was under when I arrived at the dealership. However, since nobody was there I drove home which put me over. I have called them numerous times both yesterday and today, but have never got a call back. What can I do? Is my contract void because I went over 250? Can the dealership be closed 2 of the 3 days I have to return the car? Can they charge me $400 for the option when CA law states I can only be charged $250?
I'm freaking out a little here.
A $100 inspection by a professional tech before buying...
Would have saved you thsi quandry.
purchased 3 day cancellation option
Dear Marvin,
In my non-legal opinion, it looks like you got caught up in a Catch-22 situation, but before you throw in the towel, you may be able to take some steps that could result in your getting a refund.
Under the Car Buyers Bill of Rights, if you get the return option, the dealer must provide you with a "statement specifying the time within which the buyer must exercise the right to cancel the purchase under the contract cancellation option and return the vehicle to the dealer." If the dealer failed to provide you with that information, that would probably be a clear violation of the law. Or if the dealer provided you with a date and time when the shop was closed, that may be regarded as being unfair and deceptive.
Also, you indicated that the dealer charged you $400 for the return option when the maximum allowed was $250. That looks like it may be a clear violation of the law.
First, ask the dealer for a refund, If the dealer refuses to refund your money and give you back any trade-in vehicle, find a CA auto fraud expert who can advise you how rescind this deal and get your money back, without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
You can also file a compliant with Consumers for Auto Reliability and Safety, which continues to monitor compliance with the CBBR and expose violations. Here's a link to a report issued by CARS, which received widespread media coverage:
http://www.carconsumers.com/CBBR_BittersweetDeal.html
Good luck!
DEALERSHIP WANTS US TO TURN CAR IN
My husband and I purchased a 2007 Honda Accord last week & traded in our 2000 Expedition for $4,500. We also gave a $1,300 down payment. Now the dealership is telling us we're approved for a loan, but the bank will only do it if we turn in the 2007 for a 2009. What? We can't afford the payments on a 2009. I don't understand why the bank would take a risk in us getting a newer more expensive car rather than what we have now. Would it be a better for us to just undo the deal and go somewhere else?
dealership wants us to turn car in
Dear Liz:
You're smart to be skeptical. This looks like an attempted yo-yo transaction That's a scam where the dealer tries to change the terms of the agreement after you have signed one contract, to extract even more. Here's info about yo-yo financing:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
Before you go back and sign anything, talk with an auto fraud expert in your state who can advise you how to either keep the car on the terms you agreed to, or rescind this deal and get your money back, without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Here's a video with more info about yo-yo transactions and car-buying tips for avoiding common scams, including tips for getting better deals on financing:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Good luck!
Need to return a car I bought almost 30 days ago
hi everyone, i am looking for advice about returning a car i bought from a dealer. they have a finance company that wrote my loan, but the car had some issues when I took it home. I tried to return it a couple days later, but they convinced me to keep it. they serviced the car, but it still has problems. I dont want the car, but am not sure if I can just turn it back to them? please help! I am in florida and the dealer i am referring to is a national used car dealer.
need to return car
Dear Lisa:
Take a look at the paperwork from your transaction, including the Used Car Buyers Guide that is required, by federal regulation, on each used car sold by a licensed dealer. If your vehicle was sold with a warranty, that should give you additional rights. While the dealer has not fixed it for you, you still have a couple choices.
First, check out the Car Talk Mechanics files at http://www.cartalk.com/content/mechx/ to find a trustworthy, independent repair shop that works on that make and model. Ask for an inspection (usually about $100) and an estimate of all the repairs needed to get it in good working order.
Option 1:
If it's worth fixing, and you can afford the repairs, get it fixed. Then at least you'll have a reliable auto while you get things resolved with the dealership. Then seek to recover the cost of repairs by sending the dealer a written demand for reimbursement for what you had to pay. Keep a copy of your demand for your records and send your letter by certified mail so you have proof the dealer got it. If the dealer doesn't reimburse you, take the dealer to small claims court and be sure to take proof the vehicle was sold with a warranty.
Option 2:
If it's too expensive to fix, or not worth fixing, ask the dealer for a refund. If the dealer refuses to give you a refund, find an auto fraud attorney who can assist you. www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving an auto fraud expert to get things resolved fairly and quickly.
For next time, when you are looking for a car to buy, be sure to insist on getting you own independent inspection done BEFORE you agree to anything. After you decide what make and model you want. and can afford, shop for a good mechanic before you shop for a car. That way, you can avoid a lot of nasty surprises and headaches down the road. If the dealer won't let you get the car inspected before you buy, take your business elsewhere. Remember: it's a buyer's market. There are lots of great deals out there if you take the time to shop around.
Here's a video with car-buying tips for avoiding some of the most common scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Good luck!
NEED TO KNOW THE LEGALITY
I went to a car dealer one Saturday afternoon and it took us 4 hrs before we agreed the price, thinking that I got a good deal. It was almost 8pm when I finished signing up all the paper works. They said to go back on Monday to pick up the car and copy of my paper works. The following day, Sunday, found out that I can get a better deal with exactly the same car that i want from different dealer. Since it's Sunday and I know that there is no office or bank open and the car is not yet with me I decided to back out and called the 1st dealer and asked them to hold the processing of my paperworks. The sales agents told me he is not sure if he can still cancel the paper since they process it already and was give the office. How can the paper work can process if it Sunday and there is no office. The car is still with them, I dont give my deposit yet. What shall I do, what is my right. I need help please. Thanks
Is the car yours, or not?
Dear Beth,
In many states, if you have not accepted delivery and driven the vehicle off the lot, the sale is not final. However, if you have signed a contract, you may find that the dealer attempts to treat this transaction as a "voluntary repossession" and ruin your credit, which could raise the interest rates on your credit cards, make it harder to afford another car, and even harm your ability to get housing and employment. Not to mention the hassle factor.
So -- safest thing to do is to consult an auto fraud attorney in your state who can assist you in unwinding this deal properly, so your credit is preserved. www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving an auto fraud expert to get things resolved fairly and quickly.
Good luck!
is this a scam?
I went to a car dealership and was there very late. it was about 10 0'clock at night before I had signed all the paperwork and drove home. everything with the loan was where I wanted it to be, car was perfect, loan acceptable. Was told I would be contacted by a rep from the bank to make payment arrangements. a week went by, and no word. I looked up the information to the bank stated on my loan forms myself, and their customer service department had never heard of me. Originally, they said it can take up to 30 days to update their systems, so I decided to sit tight and wait. 30 days pass, they still dont know who I am. I started calling the dealership, as it was coming time for me to make my first payment. right about the same time, I started receiving calls from creditors denying my loan, other than the one stated on the paperwork. the dealership said they had been working out a newer, better deal for me. I was then contacted by the "newer, better" bank, looking for more information, salary and employment, which I provided. The bank said everything looks good, but their underwirter needs to give the final approval. she walked me through the contract specs, which I appreciated, and though it was a little higher then what I originally wanted, I was willing to concede the increase in payments (also, is was a slightly shorter term of contract). I contacted the dealership and let them know what is happening, and that I was instructed by the bank to fill out a new Bill of Sale (as the numbers on the first one were innacurate). I headed down to the dealership, and ask them for some details about what is happening. here is my concern: the bank doesnt do 100% financing, which I understand is a common indsutry practice. However, I could not at the time, nor can I now, provide a downpayment. The dealership was aware of this. The dealership intends to (I havent signed yet) lie on the bill of sale and make it look like I gave them $1000 downpayment, in order to secure the loan. This struck me as very strange first, so the first thing I said the manager was that, as this situation opens me up to a lawsuit, I need some sort of guarantee that they wont come after me for the downpayment. They said they wont, I said put it in writing. now, as I am thinking about this, doesnt submitting a falsified bill of sale fall under fraud? I am looking for adivce on what to do. I havent signed the new deal yet, and though the dealership will try to make me believe that I am obligated to purchase the car one way or another, I dont think I am (I believe the original contract I signed is voided because I am not going through that bank). The price is right, and I have a great impression of the bank doing the loan. I wouldnt mind working with them. Please advise.
is this a scam?
Dear Consumer:
You're smart be wary of this. If you had agreed to falsify the loan documents, it could get you into trouble. A lot of dealers are falsifying documents, and when they do it is usually because they are trying to get you into a bad loan that you would not qualify for if the truth were known.
This looks like an attempted yo-yo transaction. That's a scam where the dealer tries to change the terms of the agreement after you have signed one contract, to extract even more. In return for bumping you up to a higher interest rate and / or fatter loan, the dealer gets a kickback from the lender (known as the dealer "markup" or "reserve.")
Here's info about yo-yo financing:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
Here's a video with more info about yo-yo transactions and car-buying tips for avoiding common scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
In general, you are better off joining a credit union, shopping around for credit and getting your own financing.
Before you go back and sign anything, talk with an auto fraud expert in your state who can advise you how to either keep the car on the terms you agreed to, or rescind this deal and get your money back, without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
Any recourse at all???
One day ago I purchase a 2006 vehicle with only 24,000 miles. I mentioned the carfax to the dealer and he was going to get it. I was at the dealership two days prior to that and this particular car was at one of their other locations. They drove it down, but I didn't have time to wait that day, so I went back yesterday. Test drove the car, seemed great, dealer told us all the perks of the car, explained how everything worked, etc. There was no sticker on the car, which I didn't really notice. The dealer explained it was just inspected by Firestone, so not on their lot, etc. and that was a good thing. Since I live in a different state, we are going to have to have it inspected here. Well, I purchased it, drove it home (about 100 miles from the dealership), had my brother and brother-in-law look it over. They don't think the tires will pass inspection!!! My first thought was why are the tires so bad where there are only 24,000 miles on the car?? Then, we noticed there was yellow on the windshield guard. Brother thinks that was purchased from a junk yard. Since it was Saturday, and I couldn't wait til Monday to contact dealer, I did a carfax myself. Wahla!! Car was in two accidents. One front end damage and one rear end damage. They only thing the dealer told us was it was a leased vehicle. I don't know if they switched tires after inspection or the inspector got paid off or what. Do I have any recourse at all????? I purchased the extended warranty on the vehicle, but I'm sure that won't cover anything. I feel like an idiot because I let him get away without showing me the carfax. But, I thought dealer was supposed to disclose all info about the car. Is that correct? Sent dealer an email already, but, of course, being weekend, haven't heard anything. Would like an answer before calling them tomorrow. Thanks!
any recourse at all?
Dear Consumer:
Unfortunately, the illegal sales of prior wreck autos remains a multi-billion dollar fraud in the U.S. and is rampant.
Because a vehicle that was badly wrecked can be very unsafe to drive, and the repairs are usually shoddy and totally inadequate to return it to a crash-worthy condition, the first concern is your safety, and the safety of your passengers. If possible, don't drive it until you find out if it's safe.
First, check out the Car Talk Mechanics files at http://www.cartalk.com/content/mechx/ to find a trustworthy, independent repair shop that works on that particular make and model. Ask for an inspection (usually about $100) and an estimate of all the repairs needed to get it in good working order.
Option 1:
If it's worth fixing, and you can afford the repairs, get it fixed. Then at least you'll have a reliable auto while you get things resolved with the dealership. Then seek to recover the cost of repairs by sending the dealer a written demand for reimbursement for what you had to pay. Keep a copy of your demand for your records and send your letter by certified mail so you have proof the dealer got it. If the dealer doesn't reimburse you, take the dealer to small claims court and be sure to take proof the vehicle was sold with a warranty.
Option 2:
If it's too expensive to fix, or not worth fixing, ask the dealer for a refund. If the dealer refuses to give you a refund, find an auto fraud attorney who can assist you. www.naca.net has a list of pro-consumer attorneys by state and area of specialty. Be sure to ask any attorney you retain to represent you on a "contingency" basis, which makes getting legal help affordable. Often, all it takes is your involving an auto fraud expert to get things resolved fairly and quickly.
For next time, when you are looking for a car to buy, be sure to insist on getting you own independent inspection done BEFORE you agree to anything. After you decide what make and model you want. and can afford, shop for a good mechanic before you shop for a car. That way, you can avoid a lot of nasty surprises and headaches down the road. If the dealer won't let you get the car inspected before you buy, take your business elsewhere. Remember: it's a buyer's market. There are lots of great deals out there if you take the time to shop around.
Also, take a look at the terms of the extended service contract. Nearly all of them exclude prior wreck damage. If you have to pay out of pocket for repairs, also seek reimbursement for the service contract, which may be worthless due to the undisclosed prior damage.
Here's a video with car-buying tips for avoiding some of the most common scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Good luck!
Am I being Scammed?
I had purchased a car ( or at least I thought I had) about a month ago. I was told that after signing this contract that thats it and I wont hear from them again. Well about 2 weeks after I bought the car, they started asking for documents such as Direct Deposit forms, pay stubs (all of this I offered them when I originaly thought I bought the car, they said it wasn't nessicary) So be it. Well this has continnued now for a month. So I phoned that bank and asked why they would need a pay stub after they had already approved me for the loan... they said that they wouldn't have, once your approved your approved (exactly what I thought). Point is, is I think somethings up with this dealership, and I think they are lying to me and not exactly being truthful. This is to much hassel and I rather buy a car from a different dealership, can I give them back the car if I have been mislead.
Am I being scammed?
Dear Car Buyer:
I agree that this sounds shady. At a minimum, it raises questions about whether they may use the information to clean out your bank account and/or steal your identity. To be on the safe side, consider putting a freeze on your credit (so no one can open a new charge account without your permission) and closing the account with the Direct Deposit, and opening a new one. It may not be necessary, but if they did use the info for illicit purposes, it could create a lot of hassles for you, and this would help safeguard your bank account and credit, and give you more peace of mind.
Sometimes dealers ask for such info so they can decide if they want to try to "yo-yo" you. That's a scam where the dealer attempts to change the terms of the agreement after you have signed one contract, to extract even more. Here's info about yo-yo financing:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
Here's a video with more info about yo-yo transactions and car-buying tips for avoiding common scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
If the dealer does try to yo-yo you, before you go back and sign anything, talk with an auto fraud expert in your state who can advise you how to either keep the car on the terms you agreed to, or rescind this deal and get your money back, without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
The lease on my 2005 Caravan
The lease on my 2005 Caravan was up.. i decided to keep it because the buy out wasn't bad and i would've had to pay for the xtra miles on it and some damage. It took me 4 days just to find out exactly what i owed to the dealer they gave me a bill of sale for 10,900.81.. so i went to the bank and got a draft for 10,900.81 the van is marked paid in full.. now Chrylser financial says i missed a payment months ago.. and i owe and xtra 498.00 can they take my van if i refuse to pay??? i was never contacted about owing them or being late..
lease on 2005 Caravan
Dear Roger,
This does sound shady. To protect yourself, start creating a nice paper trail. Write to Chrysler Financial and offer to make the payment IF it is legit. Request that Chrysler Financial make this demand in writing and provide the date of the supposedly missed payment and all the penalties, if any, and any other costs they say you owe. Send the letter certified so you have proof they got it. Keep a copy for your records.
If they can back it up, then pay it. Not worth hassling over. But if they can't, you can contest it. If they threaten to repo your van or hurt your credit, find an auto fraud expert who will go to bat for you. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
The Price on the Contract is Higher than the Advertised Price
We recently purchased a used car at a dealer in NY. My husband signed a contract and financing agreement for ~$25k. We later found on the dealers website our car with a price of $14,495. It's the exact car because it has the VIN listed in the ad. Can we get our contract amended? We've had the car for little over a month and they are still working the kinks out with the bank. We also put $10k down payment. What's our course of action?
price on contract higher than advertised
Dear Car Buyer:
Some car buyers have received refunds for such transactions. Usually the basis for the refund is that it is deceptive to conceal critical information, such as the advertised price, to mislead people into paying way more than a vehicle is worth.
Start by requesting a refund of the difference between the advertised price and what you were charged (without the financing, which of course is extra). If the dealer balks at that, find an auto fraud expert in your state who can advise you how to get this straightened out without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable.
Good luck!
Dealership got me?
In 2007 I walked into a dealership with a 2002 ford f-150 to trade in. I had refinanced the truck before I went on a deployment to Iraq and from the time I did that, to the time I deployed, something happened and the truck was never paid off. The payments to the new bank had stopped for some reason, I did not know this nor could I find out because I was deployed. Like any young guy, when I got back, I had expected the truck to be paid off and continued owning and registering the truck for 3 years. Well after 3 years I walked into a dealership with that 2002 f-150 and was just looking at newer trucks. I was approaching by a salesman who convinced me that I should trade in my ford for a new truck. While doing the paper work, they asked me for the title and I told them, well, I paid the truck off, but for some reason, I never got the title. They told me that they would just file a lost title claim or whatever and get it all squared away for me. So the deal was sealed, and off I went with a new truck. For 3 months I had this truck, made my first payment to the bank, when suddenly, I began recieving harassing phonecalls, and notes on my door from this dealership claiming that there was still money owed on the truck, and that I needed to bring in there truck back. After 2-3 weeks of harassment, I went to my CO and my 1sgt, and told them, they instructed me, it would be best to return the vehicle to the dealership. So, I did so. But when I got to the dealership, requesting my truck back, they told me they had sold it, and that the owned was so pissed he didnt even wanna talk to me. I was told to sign a statement of release or they would call the police and have me arrested. So I did, and I left the dealship, without anything and had to catch a ride all the way back home and explain to my wife why we now had no transportation. After about 3-4 days, I began recieveing more phone calls from the manager of the dealership saying that "I better make this right, and he was fightiing with his boss about it and how bad I made him look because he claims I made a fraudulent sale to them, and that I owed them eight thousand dollars. It was stressful times for me, as not having a vehicle caused me to be late to work several times, causing me to get an article 15 and loss of rank. I began having martial issues and soon after my wife left me. I recieved a letter from them when i tried to go inside and speak with the actual owner of the dealership and it stated that I owed them eight thousand dollars or they were gonna sue me for it and take me to court. I never took back that I told them I said "Yeah, as far as I know I own the vehicle, and that, i never recieved a title though." Am I at fault here, is this something I will have to man-up to, or was I screwed.
Also, 2-3 days after I took the truck back, a repo man showed up at my apartment looking for the truck, when I told them why I hadnt made any more payments on the truck because I took the truck back to the dealership, and told him the story, he was astounded, because the dealership didnt own the truck, the bank, Chase, owned the truck. So in that, he left my house and from what I know, made them pay what the new truck was owed to the bank, or collect the truck. But the dealership had already sold that truck and it was gone, so they had to cut the repo man the check.
Does this sound crazy to anyone but me?
dealership got me?
Dear Servicemember:
First off, THANK YOU for your service to your county. It is shameful that troops are treated this way by shady dealers and lenders. To find out more about how auto dealers are ripping off our troops and what you can do about it, check out:
http://www.carconsumers.com/military_ripoffs.html
I was married to a Navy JAG for 20 years, and it really frosts me when I read accounts like yours. The good news is that the practices are probably so out of line that if you get some legal help, you may be able to get this all straightened out -- and then some.
First, find an auto fraud expert in your state who can advise you how to deal with this. Keep looking until you find an attorney who has had good success representing members of the Armed Forces. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state. If you do retain an attorney, ask them to represent you on a "contingency" basis, which makes getting legal help affordable. Basically, they don't get paid unless and until things get resolved, and you get your attorneys fees paid by the dealer and/or lender, as part of the resolution of your case.
I am sorry you were treated like this. It should NEVER happen. Please fight those guys. When you do, you will be helping the entire military family, by letting the shady operators know they can't get away with it.
Good luck!
purchased a car 3 months ago
I know this is not a origional question but here it goes.
I went to a dealership in April of 09 and bought a car (no trade-in + 0 down), the next day I noticed a adress mistake and took the car back to correct the problem. I was told by the dealership manager he corrected the address issue the same day of purchase. In May of 09 I recieved a call saying there was a problem with the address and the loan approval was denied for that reason. I went back to the dealership and fixed the address issue and also the contract was re-done but for a different date 2 day earlier in April. It is now June and I recieved a call from the dealership stating they are having trouble getting the loan approved. I informed the dealership that on the day of purchase I gave them all true information (I had outstanding credit of 795 and full time employed 6 figures a year and not at Mikey D's I was still paying on 2 other cars, went to other dealerships before going to them and no one would take the trade of my newest car because of the negative equity so I know it would take an act of god). But they still let me pick a car and drive it off the lot. During that call I told the Dealership manager I know my legal rights and if the loan doesn't go through and he decides to not let me keep the car I will sue the company out of business and the car will be mine any way for free. There has been no correspondence from the dealership. My question is did I scare the crap out of them and the car is now mine or could they be considering some legal action to take. I also can not afford to give up this car for family reasons.
(note) I currently don't have the new registration for the vehicle because of the address mess up.
Dealer rescinded my contract but sold my car.
Rescinded my contract and asked for the car back. But then said they are going to try more options and other banks. I told them no and they we arranged a time to bring the car back. The next day they called to say that they found someone to finance me! I reminded them of their letter, me declining for them to go to other lenders since they already canceled my contract and they told me I should talk to their legal department. This whole time, including the day i got the letter, I asked the whereabouts of the vehicle I traded in. They said it was there and they have it. I came in the same day they called to say I was approved and told me to talk to their legal department to talk to the general manager. He told me that the letter is just "precautionary". I told him that no one called to tell me that, no one sent a letter to say it was precautionary and that I already have a bad feeling and am complying to their letter of cancelation. He said okay and we scheduled to swap the next day. He said they still have my car. The next day, the finance manager who I set up the first appointment to give back their car and take mine, called to say congratulations! I was approved! I reminded her of our conversation, our meeting, that I already feel I'm being lied to, that they went ahead and proceeded with out of normal financing against my express wishes for them not to proceed past me being denied, and they did anyways.
She says, "well, you are financed now". I reply, "no, i was declined, you rescinded, I am trying to comply, you wanted me to go further, I said NO, and you did it anyways". It almost seems like fraud. I asked for the name of the bank so I could call them and tell them that I told them NOT to contact them, proceed or try and secure a loan because I had been declined and they canceled my contract. They said they don't give that information out. She transfered me to the general manager who tells me that they sold my car, before paying off title or securing financing for me. He says they will pay me the trade in value, I return the car and it's done with. Trade in value is 4,000. Market value for private sale is 9,000. I owed about 4,000. I tell him no way, he then starts telling me he is doing me a favor and he can charge me for use of the vehicle if he wants, but he's not going to. We ended our conversation. Contacting the DMV, my finance department, need a lawyer and wondering if I should call the police to report credit fraud. Disaster! Trading in and refinancing proved to be a mistake on my part. The declining of my credit was a clear indication of that and the recision of my contract. Trying to comply and the put me through the ringer for 52 hours and have sold my car in the meant time. And to another dealer within their franchise!!! They say they wont reverse that sale. Horrible, dishonest, bad people.
Sold Car to Private Seller He is demanding refund now
I posted a 1995 Eagle Talon TSI up for sale on craigslist.org, This guy contacted me wanted to come out and look at it and he did... I told him everything that i knew was wrong with it.. This car needed work and he knew that. Anyways me and him drove the car around for close to 30 mins. He decided to buy the car we signed a bill of sale I also wrote on the bill of sale sold as is no warranties. Even made him sign below where i wrote that too..He drove off with the car and that was that. The next morning I get a nasty email from him stating that he was going to sew me that the car needed a new transmision which i knew of no problems with the transmission. He is now stating he is going to turn this over to his jag lawyer... (the guy that bought the car from me is in the military) and sew me because i misrepresented the car. Which I did not do...he had a chance to test drive the car and I did not force him to buy the car. What I want to know is... Did I do anything wrong... And dose he have any recourse to come after me.. Or should I not worry about this.. after doing some research online I found out that The GA lemon law only applies to new cars and all private sales considered as is are basically final.. He is stating he is protected by the ga lemon law and 3 day return law.... Is this right.. I dont think it is... Please help...
sold car to private seller he is demanding refund now
Dear Christopher,
In my non-legal opinion, if you described the transaction accurately, didn't know about the transmission, and sold the vehicle "AS IS," you probably have little to fear. Keep the bill of sale in a safe place, in case you need it as proof of the terms. If he does sue you, you can present it in your defense. But he's probably bluffing.
The lemon law applies to manufacturers, and there is no 3-day return law. Don't lose too much sleep over this.
Next time when you sell a car, insist that the buyer get his own independent inspection, so anything that you may be unaware of would be evident, and you can include that in the bargaining process.
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