Guide to Auto Scams in New and Used Car Sales
Welcome to UCAN's auto scam page! Don't forget to "Ask Hal" if you have any auto fraud related questions. He's one of the top auto fraud attorneys in California, and he will respond to your inquiries FREE of CHARGE. Questions will be answered based on California law and general legal principles.
Automobile fraud occurs when a retailer seller misrepresents or fails to disclose material facts regarding a new or used vehicle.
There are many categories of automobile fraud, including: violating the "single document rule;" requiring a deferred down payment with improper procedures; including "negative equity"/"over-allowance" in the sale; sale of wrecked vehicles; sale of previously repurchased "lemon" vehicles; odometer fraud; and various other financial frauds that occur in the advertising or at the time of sale or lease of the vehicle. The defendants in auto fraud cases may include insurance companies, car dealers, car manufacturers, and car finance companies.
The following are some types of auto fraud that we frequently see with vehicle consumers:
Single Document Rule:
The Automobile Sales Finance Act (AFSA) provides that all obligations of both parties in a transaction must be contained in a single document (which explains why purchase agreements are so long in the auto industry). Often, however, dealerships will have customers sign additional documents, such as trade-in forms stating that the customer agrees to pay any difference between the value of their trade-in vehicle and the amount owed on that vehicle. Or, the dealership will agree to make payments on a trade-in vehicle but not include the trade-in vehicle in the purchase agreement. Another example is a "hold check agreement" (see below) whereby the customer agrees to pay additional money towards the down payment on a later date. Each of these documents violates the one document rule.
Hold Check Agreement/Deferred Down Payment:
Many dealership customers are unable to pay the entire down payment at the time the purchase contract is signed. Often dealerships will allow the customer to make a down payment in payments (called deferred down payments). Although the vehicle code recognizes these deferred down payments, they must be itemized in the purchase contract, including the amounts and due dates for the deferred payments. Some dealerships, however, will have customers write checks for the deferred down payments and then agree not to deposit the checks until an agreed upon date. The customer is then made to sign a separate agreement that lays out the dates on which the checks will be cashed and additional provisions regarding any returned checks - thus creating additional obligations that are not included in the purchase agreement.
Sticker Price:
The vehicle code states that a dealership cannot sell a new vehicle for more than sticker price (a.k.a. the manufacturer's suggested retail price, or MSRP) unless there is a dealer addendum sticker disclosing itemized costs above MSRP physically affixed to the car. Inflating the cash price of a vehicle - as in the case of a negative equity deal (see above) often results in selling a vehicle for higher than the MSRP, while also affecting the amount charged for taxes, licensing & registration and finance charges.
Spanish Language:
Civil Code § 1632 provides that if certain transactions, including lease/purchase of a vehicle, is primarily negotiated in Spanish, then a Spanish translation of the contract must be provided to the customer prior to signing the English language contract. This law was recently expanded to include Chinese, Vietnamese, Tagalog and Korean. Failure to comply gives the customer the right to rescind the transaction.
Used Vehicle Disclosures/Misrepresentation:
Dealerships are required to disclose material known facts about a used vehicle, such as if it was:
- involved in a prior accident (that caused substantial damages) [See below for more information on this issue]
- a prior rental vehicle
- a lemon law ‘buy back,' meaning the vehicle was repurchased by either the manufacturer or dealer under the lemon law because of a defect subject to odometer tampering/malfunction
New/Used/Demo/Unwind:
The AFSA requires that a dealership describe the vehicle being purchased as either "new" or "used." Although the "used" designation applies to demonstrator vehicles (a.k.a. "demos," vehicles used by manufacturer or dealership representatives) and "unwinds" (vehicles previously sold, then returned, usually because of financing problems), these vehicles are often represented as "new" to customers.
Negative Equity/Over-Allowance:
Arises in a transaction that includes a trade-in vehicle. Generally, the customer is led to believe that the dealership is valuing the trade-in vehicle at the same amount that's owed (so that the customer doesn't appear to owe anything on the trade-in). In reality, however, the actual cash value given by the dealership is less than the amount owed, and the difference is added to the cash price of the vehicle being purchased. If this is done it is illegal, even if the customer knows and agrees to it. The extra amount cannot be added to the vehicle line 1(a)1 per our precedent-setting case of Thompson v. 10,000 RV's.
Packing:
In a "packing" case the customer is quoted an inflated monthly payment. If he or she accepts this amount, the dealership adds accessories (alarms, service contracts, GAP insurance, paint/fabric protection, etc.) to the purchase contract to reach the inflated quoted price. The customer doesn't realize that the accessories are optional nor that they're paying extra for the accessories, which are often represented as "included" with the vehicle.
Rewritten Contract/Backdating:
Often a customer won't qualify for financing under the terms of the first purchase contract and may be required to increase a down payment, APR, etc. to quality for a loan. The dealership then has the customer sign a second contract with the new terms but backdates it with the date of the first contract, sticking the customer with financing charges for a period during which the contract wasn't yet in effect. In addition to making a material misrepresentation of when the customer takes the obligation of the new contract, a backdated contract often violates the single document rule (see below) because another form, usually called "Acknowledgment of the Rewritten Contract," has the actual date when the contract was signed. In addition, many customers aren't informed that they can opt to cancel the contract and return the new vehicle and have the down payment and trade-in vehicle refunded, rather than signing a second contract with less favorable financing terms.
Forgery:
Dealerships sometimes forge the signature of customers on subsequent contracts that change the terms of the original signed contract (especially if the customer refuses to sign the new contract). Other commonly forged documents include: credit applications (with fraudulent representations about income, etc.), as well as buyer's guides and disclosure forms (to prevent buyers from reading their buyers' rights and/or information that may cause them to reconsider their purchase decisions).
Certified Used Vehicles:
Many manufacturers and dealerships advertise used vehicles as "certified pre-owned," supposedly guaranteeing to the customer that the vehicle is in good working order and free from major structural damage, including previous accidents. Often times, however, dealerships misrepresent used vehicles that have suffered previous accidents, structural damage (or other conditions that would preclude certification under the dealership's advertised standards) as "certified" vehicles - misleading customers into paying a premium price for a damaged product.
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B.S repo?
I got a car early june. I took deliver of the car. The dealership I got my car at I was friends with the sales manager and the fin. Manager.About one week later I recive a phone call asking me to come in and resign a contract. I was unable to make it there so my friend tells me he'll met me and I can sign. So I met up with him at a local gas station and signed the contract. Then 8 days later same thing. Finally I got the car funded by the bank in july. I faild to review the contract before signing it. But it states I put 5k down but really I didn't put anything down.The dealership contacts me telling me the checks I wrote were on a bad acct. And they want their money or the car back. I told them I don't have 5k to give to them they said the owner was going to call the police if I didn't give the $ or the car. I ask whom I thought were my friends wtf is going on he was in a rush and tells me if the bank asks where you got 5k for the down payment tell them you got it from a insure claim, and that you gave us cash. ??? No im more lost. And havnt be able to reach nither one of them. But keep getting harresed but sum creep at the dealership. 2 days ago my car got repo. What should I do. Its been 4 months months and now they come get the car. I made my payment to the bank and it was sent back to me. The bank said the dealer bought back the loan on sep. 30th.can they do that?
B.S repo?
I got a car early june. I took deliver of the car. The dealership I got my car at I was friends with the sales manager and the fin. Manager.About one week later I recive a phone call asking me to come in and resign a contract. I was unable to make it there so my friend tells me he'll met me and I can sign. So I met up with him at a local gas station and signed the contract. Then 8 days later same thing. Finally I got the car funded by the bank in july. I faild to review the contract before signing it. But it states I put 5k down but really I didn't put anything down.The dealership contacts me telling me the checks I wrote were on a bad acct. And they want their money or the car back. I told them I don't have 5k to give to them they said the owner was going to call the police if I didn't give the $ or the car. I ask whom I thought were my friends wtf is going on he was in a rush and tells me if the bank asks where you got 5k for the down payment tell them you got it from a insure claim, and that you gave us cash. ??? No im more lost. And havnt be able to reach nither one of them. But keep getting harresed but sum creep at the dealership. 2 days ago my car got repo. What should I do. Its been 4 months months and now they come get the car. I made my payment to the bank and it was sent back to me. The bank said the dealer bought back the loan on sep. 30th.
If you buy a car in cash/cashiers check, is this LEGAL....?
a family member wants to buy a car in cash/cashiers check in full
does that family member have to give their Social Security number?
this does not make sense since you can buy a $3000.00 large screen
TV at Best Buy and as long as you are paying in full, why would
they need to require you to give a Social Security number?
change in lender/no copy of contract given
I got a call that the contract I signed for my new car purchase had to go to another lender. No changes in terms but I needed to sign another contract. I never went to sign it and then they called to say they needed income verification. I also NEVER received a copy of the first contract and the signing was videotaped and voice recorded. Not to mention an extra 2400 included in financing of the vehicle because the math doesn't add up on the purchase price minus trade, blah, blah, blah. So I am wanting to cancel this transaction because I think it's shady. Can I do that?
Do they have the right to send me to collection?
I bought a car a month ago, and now i received a call from the car dealer saying that I owe them $2500 down payment, which i paid at the time signing the paperwork and taking the car home. Now, they are calling me and telling me that there are no proof saying that i paid it already, make me pay that again. Unfortunaly, i dont have the receipt saying that i paid that $2500 cash which they want me to prove. They said that they have the camera to prove that i didn't pay, but when i asked to see the video proving that i didn't pay. she (the financial lady) wouldn't show it to me. and she keep saying that if I dont pay it, she will send it to collection.. My question is do they have the right to send it to collection since I didn't sign any paper that i owe them $2,500. I still have the contract with me saying the amount i finance is total of the car subtract 3,500 cash for clunker and 2,500 down payment.
Pink Slip/Title
My son just returned from Afghanistan last month within two weeks he bought a car from a guy on the street. He got the guys name, phone number, address and even social security number. My son paid him $7500 for a 2004 Saab (which is now in my son's possession) and he did recieve a copy of the title from the guy. The problem arose when my son went to the DMV in Virginia, they did not honor the title because it wasn't the original. My son was anxious to buy the car so he could come home on leave. He is now wasting that leave waiting for the pink slip from the guy he bought the car from who decided to visit his family in Texas. Isn't there anything my son could do legally to get the title from this guy? My son can't get the regisitration done or anything and they are very strict on base so he isn't even able to drive it until all this is taken care of. Please let me know.
used car
I . bought a car for my daughter on aug. 20, 2009. A Hyunda 2002 in A-1 condition the salesman said. I paid cash. The car went in the shop at the dealers on aug 32st. My daughter told the salesman she was having trouble getting the cd player to work and would they help her find the play button. Sean called told her it was broken and it would be 1000. dollarw to repair she told him she didn't have that kind of money as she is laid off from work, I spoked with him and told him they needed to fix the problen, we did not buy the car as ,is, it was suppose to be in A-1shape, He called back in about five minutes and told her ,it was taken car of , when we went in to pick up the car they wanted 188.00 to repair the cd told her the radio was broken. I called the manager and for three days have gotten a run around. today I went down with my camera to tape them and now I have to pay 50.00 it will be repaired on sept.10th. Should I have done anything different? I think it should have been free.
Thank you for you time and looking forward to hearing your ans.
Is there anything I can do?
I bought a 2005 Volvo XC90 less than a week ago. In looking over the contract, I noticed many additional charges that were neither discussed nor approved. One such additional charge was for a Lojack, which neither the sales guy nor the finance guy ever asked me about - in fact, they represented that it would be included in the price I was given. The Lojack is also not included in the disclosure for additional products and services form - there was a N/A in the slot where the price would have gone. However, the total at the bottom reflects the additional charge that was entered onto the contract for the Lojack. I understand that I signed the contract; however, because of the representation that the Lojack would not be additional charge, I did not even know to look for it. Also, the term of the financing was also not discussed nor disclosed. We've spoken to the dealership, and although the sales guy admitted he didn't discuss the additional charge for the Lojack, and the finance guy admitted that the extent of the Lojack discussion he had with us was in setting up the appointment for installation (keep in mind I believed this was included in the price already), they are now saying there is nothing they can do because CA law states that the contract cannot be modified. It is also CA law that dealers disclose all additional charges. At this point I would just like to void the contract. Is this a possibility? Thanks for any thoughts.
Weird Dealer Exerience
I just bought a Honda C-RV. I traded in my Nissan Morano. The short of it is, they seemed to want me to lease my vehicle rather than purchase it. I almost canceled the sale because they knew I was in a rush to get out, yet they made me wait to speak with a woman (I was told I needed to see her to get the "financing" paperwork, since they would not take a personal check). She knew we were in a rush, told us we should come in and speak to her on Monday about the various things the salesperson did not tell us about. I had no idea what she was talking about, but after a bit, she asked how long I planned to drive the car--I said what kind of question is that? I just want my new car and to get the hell out of the dealership. She then proceeded to print pre-printed forms which were not lining up properly. I thought it was the financing form and turned out it was a lease document. Presumably she wanted us to consider leasing instead of purchasing/financing. I was, to put it mildly, outraged. I had been there for 90 minutes at that point with friends in the car waiting to go to a party and here I was, having my time wasted! I nearly blew a gasket, or maybe I did. I told her if she hit the print button one more time the sale was canceled, and she had 5 minutes to get me out of there. She got all huffy and said it would only take a minute... and I then told her she had 3 minutes to get me out of there and then got up and shouted down to the first floor, to my salesperson, if I am not out of here right now, the sale was over.
I wound up with the car, signed a bunch of papers, and frankly, walked out without anything that I signed. Salesman said he'd mail it all to me by overnight mail. But I'm going in today after a call, to pick it up. Hopefully I did not sign anything that I'm going to regret. Or that they'll regret having me sign under the circumstances.
I needed a co-signer for a
I needed a co-signer for a car, My car insurance is in my co-signers name she is moving to another state, can i take my insurance out of her name and put into someones name like my sister?
another chevy
We reside in NYS. My husband & I purchased a 06 hhr, I wasn't available to go to the dealership to sign for the vehicle, so my husband as co buyer signed his portion & I was to sign at my earliest convenience. Meanwhile we decided to add a warranty, so another contract was drawn again only my husband signed it. Before I could get to the dealership to sign, we rec'd a call car was all set come pick it up. I recently have been having issues w/ the vehicle, so Iwas reviewing the contracts and realized they forged my name to all documents also they have been reporting to the wrong persons ss# for 38 pymts. Not mine, not my husbands. Is there any recourse.
Signing title without getting payment
I leased a new car recently. The deal was negoitiated without any trade in involved. After we agrred on the deal I told the dealer I wanted to trade my car in after all. We agrred on a price. When my new car was ready for me to pick it up they told me I had to sign over the title to the trade in but that the payment would take around 10 days.
If i sign the title withoit getting the money immediately am i in danger of the dealer changing the agreed upon price. And, now that they have the signed title am I left with no recourse.
desclosure
bought a 2004 crysler sebring as is no warranty in florida.
The struts went bad and I took it to a repair shop and had them replaced. He asked if the car had ben in acostal flood because of the elctroliouss and rust i took pictures,if they would have collapsed on the freeway the car would have gone out of control. I Looked up infomation on the vin #and the car had a replaced title and the information tag on the door had been removed and replaced with a new one.
My quetion is if this car had been in a hurrican flood should I have been told about it and if these information about the car were replaced should I been infomed.
Frame damage Disclosure?
I bought an 09 Volvo S40 from a new car store. It was a demo and I was told there was minor damage that had been fixed and it had a damage disclosure. The disclosure stated it had the bumper replaced and both quarter panels. I found out later via the body shop at the dealer (based on the RO for this fix) The vehicle had frame damage and airbag deployment. This was not disclosed. Do I have any recourse?
frame damage
In almost every state what was done is blatently illegal. You cannot tell half truths. Use naca.net to find a local atty. hal
Did I get scammed
My old tbird took a dump and I needed a new car. My credit stinks and I figured I would get housed at the dealer on my finance charge. I did, 18% but I had to start somewhere. I did a cash for clunker trade in plus manufacture rebate for a total of 5000 down plus a additional 600.00 down. The dealership then informed me the only way the bank would accept me for financing was by charging me a additional 2000 dollars over sticker price. At the time I was ok with it, but then I got to thinking about it and it doesn't seem right. The additional charge did show up on the contract but I'm just wondering if the dealer is making a extra buck.
Thanks
over sticker
In CA the overcharge is clearly illegal both as over advertised price and a illegal finance charge. I cannot say for other states. Use naca.net as you may have a case. Feel free to contact me if you are in CA. hal
SALE PRICE OVER STICKER
MY DAD JUST PURCHASED A CAR ON 8/17 AND HAS GONE EVERY DAY SINCE THEN BCUZ SINCE THEY PUT ALL THE LITTLE FORMS OVER THE CONTRACT HE DIDNT SEE THEY PUT $3000 MORE OVER STICKER WHICH WAS THE AMOUNT THEY HAD AGREED ON. THEY AS WELL REFUSED TO GIVE HIM A SPANISH CONTRACT WHEN HE DOES NOT SPEAK ENGLISH. THEY REFUSED TO AS WELL LET HIM KNOW WHO MIGHT BE FUNDING THE DEAL SO HE CAN SPEAK WITH THEM. PLEASE HELP!!!!
SALE PRICE OVER STICKER
get some friends togeathet and corner the sales manager off the business property and explain to him he does not have a choice in the matter,
treat scum bag car dealers like this and they will fold
SALE PRICE OVER STICKER
MY DAD JUST PURCHASED A CAR ON 8/17 AND HAS GONE EVERY DAY SINCE THEN BCUZ SINCE THEY PUT ALL THE LITTLE FORMS OVER THE CONTRACT HE DIDNT SEE THEY PUT $3000 MORE OVER STICKER WHICH WAS THE AMOUNT THEY HAD AGREED ON. THEY AS WELL REFUSED TO GIVE HIM A SPANISH CONTRACT WHEN HE DOES NOT SPEAK ENGLISH. THEY REFUSED TO AS WELL LET HIM KNOW WHO MIGHT BE FUNDING THE DEAL SO HE CAN SPEAK WITH THEM. PLEASE HELP!!!!
new truck purchase with damage...i was not told
I bought a brand new truck less than a week ago. I was going to wash it a couple days ago and found two punctures and a dent on the door jam of the drivers side door, it also had a large red dot sticker located near the area as if it had been inspected and marked by the dealership or factory. Iam wondering what I can do about this?
new vehicle damage
In CA it is illegal to sell a new vehicle with unrepaired damage. You can give the vehicle back or get it repaired. Hal
insurance clame
I have written my car off but now the insurance company are telling me that there is finance attached to the car from a previous owner and they will be paying them the insurance money insted. is this right or legal.
insurance claim
Sorry not enough facts.
Lost Job want to return car but need some sdvice
I bought a 98 buick century from a buy here pay here, the ac doesnt work,the two back windows dont go down, and I live in Florida without those two crushel things the heat is killer, now..the arm rest was glued together so of course it broke, the glove compartment broke, and then my husband couldnt get his cd out of the cd player so while trying he cracked the screen. Not to mention the fact that they are charging me 2000 dollars more then what the car is worth, I was stupid to buy trust me I already know this, but when I decide to give it back or have them repo it will they make me pay for the broken items??
repo
If you give it back they will charge for everything and a lot more. You need help. Use naca.net to try and find a local consumer atty. hal
The Deferred Down Payment Scam
i recently filed bankruptcy and was looking to rebuild my credit, i went to a dealership that has a special finance person for people in my situation.
this person showed me a few vehicles and i chose one that i liked and wanted to see what payments and all that would be, once the dealer got the info i was told that i could not take a day and think about it and that once he has talked to the bank and got me approved, if i try again anywhere else i would not be approved.
i feel i was rushed through this process, and would like to change my mind.
i have signed the papers and i was told i had to take possession of the vehicle right then..
i was not able to give a down payment at that time, and was told to leave a check for a certain amount and they would cash it on a date agreed upon, from what i see this is The Deferred Down Payment Scam..
what i am wondering is if i have the option to return the vehicle and cancel the deal, and if so in what time frame?
downpayment
If the contract shows the payment was deffered you have no right of return on this issue. If it shows the payment under the cash line at least in CA you can get out of the deal. hal
I bought a car last
I bought a car last september and have been making payments, and just recently I lost my job so I cant make the payments any longer, so I am considering letting this company called TAKEOVERPAYMENTSSOLUTIONS.COM find a buyer and them making the payments so that my credit wont go bad. They said we would do a notarized contract and they would make sure the buyer has insurance on the car the whole time until the buyer can put the car in their name.
I need to know if anyone has heard of this company or what should I do to cover my back? are these scams?
illegal
I dont know this company but over the years they have all been scams. They are also illegal and violate your loan. The bank must agree to any transfer to make it legal. hal
Protection Plan Fraud + No insurance Liability
I leased a GLK-350 from MB dealership in Southern California. MB offers protection plan in terms of scratches and dents to the size of a credit card free of charge. However, the finance guy lied to us at the time of the lease and said this plan has already discontinued and if I don't buy the protection, I need to pay for dents and scratches when I return the car.
After couple of days I realized he lied and and even called MB customer service line and they told me they have this offer free of charge and it will be in-effect through the end of my lease term. I got very upset to the point that I don't trust this dealership and I decided I want to return this car. But, I knew there is no cooling-off period in California.
I made couple of phone calls and finally I got through the general manager of that dealership and after 8 days he told me the lease is not funded yet and I can go back to the dealership and they'll remove the plan and I will need to sign a new lease.
Then it occurred to me that they probably can cancel the lease at this point.
After an hour I received a call from their finance guy that I need to chnage an insurance liability on my car before I go there.
I talked to someone who is in this business and he told me they're being flexible because they haven't received their money from the bank and they probably are not going get funded unless I chnage my insurance liability. Also, He suggested me to tell them if hey don't take the car back I will take this to DMV as a fraud in signing the contract.
Now, is the lease going to be void automatically just because I didn't update my insurance liability according to the contract terms?
Is this considered fraud if the finance guy lied to me about the protection plan?
Thanks,
lease issues
A lease is valid on signing and does not havce a ten day rule. I dont get your protection plan issue. I dont know if you bought it or not. hal
Wreaked Car
I have a friend that bought a car 3 weeks ago. A few days ago he was involved in an accident that was not his fault. The car is a total lost and the insurance company is sending the finance company the check to cover the loan. He also put down $4000 as a down payment. The dealership will not return his down payment or credit it to another car. First the salesman said they could do a swap but not the finance manager says they cannot do that. Is there anyway he can get his money back from the dealership or does he have to go after the insurance company to get this money back. He is currently without a car because of this accident.
insurance issue
If the car is a loss you only get its value from the insurance co. and nothing from the dealer. hal
I do not think there is
I do not think there is anything that can be done about the down payment. I had the same thing happen a few years back. The down payment has already been subtracted from the amount that is already owed on the car and the insurance SHOULD pay off the remainder of the balance so that you don't have to keep paying on the car. I would call the insurance to make sure though. You don't want to still be stuck with payments and not be aware of it. We discovered after the fact that there are two types of full coverage for new cars. One pays off the balance minus depreciation (blue book value) leaving you still responsible for the difference and stuck making payments on a car you no longer have. The other is for the full amount of the loan. Most people who buy new cars just automatically get the former because it is cheaper for the insurance company. You usually have to request that they give you the later. Several months after our accident, the car was placed on our credit as a repo, when it was declared totaled. We were told that this was because we did not add a clause into the insurance contract stating that they had to pay the full value of the car so they were only entitled to pay the blue book price on the car. We fought for years to get the repo off our credit and the best we were able to do is a note added to our credit report explaining why the car was listed as a repo and hope future creditors would give us the benefit of the doubt. Our situation happened in North Carolina so I'm not sure if this could happen in other states but it would be wise to check on for people with leins.
lein holder sold contract without my knowledge.
In June of 2008 my husband and I bought a 2004 Chrysler Town and Country. We had filed bankruptcy in 2005 and felt we were ready to start building our credit and needed a larger vehicle. We paid faithfully on time and never missed a payment. Most payments were actually early. On christmas eve I had lost my job and by March our savings had run out. At this time we had some difficulty making payments and I contacted the lender to work out arrangements with them. The customer service rep was great and signed us up for the deferment program. She said that I was eligible for six months of deferred payments while I looked for employment. The only stipulation to the deferred payments was to bring the account current first, so we borrowed the money from my parents to make the one payment we were behind, and were told that our payments for April - September of 09 would be deferred to the end of the loan. So our next payment would be due on October 1st. On June 1st we recieved a statement in the mail that said that we were two months past due and that we needed to make payment plus late fees immediately or loose the vehicle. My husband immediately called the number on the invoice and the company that answered had a different name than the one on the invoice and definitely was not the same one we contracted with. My husband informed them that our contract was with Drive Financial and not with them and that we were approved for the deferment program and did not owe the money they were demanding. At this point they told us that Drive had filed bankruptcy and sold the contract to them, that we now owed them for the loan, and that they do not offer any deferment programs. We were told that any deferment agreed upon between us and Drive became void when they bought out the contract and that we were now responsible for all pass due monies plus late fees and attorney fees accrued to collect. At this point my husband told them where the van was located and told them to come collect it as we are unable to pay. To which the customer service rep replied that they were unable to take possession of the vehicle at that time and that we needed to pay up and hung up on him. If I am voluntarily surrendering the vehicle why can they not pick it up? Is it because they are not the leinholder on the title? If Drive is no longer in business then who holds the lein? If this new company is the new leinholder wasn't I supposed to be notified of the change? By rescinding the deferment agreement are they causing a breach in contract? At the moment I am refusing to pay this company any money and they continue to harrass me and my family emergency contacts several times a day. I have started refusing to answer calls to anyone I do not know. To date there is no repossession and they know exactly where to collect the vehicle. I fully intend to start making payments again as arranged starting October 1st but no longer know who to make the payments to. Any advice would be greatly appreciated.
payment issues
They may or may not have any rights. I dont know if they have titile. You need to request both verbally and in writing to only contact you in writing. Also go see a attorney who fair debt collection practices. use naca.net to find someone. hal
Bought a used 2004 r32 7-23-2009!
I traded my 02 jetta to a private small dealer who told me it was worth 3000 but he was giving me 6000 to make me "not look upside down" on my previous loan. He then took the cost of the used car I was buying and raised it to match the difference. The car was purchased as is from him and paid in full with a check from my private bank in which he has no affiliation. After leaving the shop he said there were problems with my trade in something about it not running the way they expected but I have no idea what it is as I have never had any un-repaired problems with this car. He did not even provide any keys to me besides the valet key for the car. When asked why not he said you never asked. He also is not repairing a ripped seat and cracked bumper. My thoughts are he is trying to screw me and that I am not paying to fix any problems on my old car for them. The contract was signed and I have the car, paperwork says paid in full on it, and everything is finalized. I plan on ignoring any attempts by this dealer to contact me regarding this car deal unless its through the proper legal channel. They wanna try to play me but they got played. I am happy. Anyone have any thoughts about this at all?
Buying a car from a dealer without receiving the title
Hi, I am buying an Infiniti G35X from a used car dealer. The salesman said that they don't have the title at the dealership, but they will mail it to me after the purchase. I am very hesitant to pay the full amount in cash without receiving the title. I am justified in my hesitation? The dealer said that he will be giving me a bill of sale, but if this car is not even owned by him I am afraid that he will take the money and I will be stuck without the title.
What is your advise please?
buying a car without getting the title
Been through this same situation more than once. It depends on what state you are in, and if this is from a well established dealer, or a small rinky dink- buy here / pay here type of deal. I used to do title work in California, and I know what to do if that happens there, but down here in the south in Alabama- the laws are SO different, and the dealers can get away with alot! In California you would probly be okay in your situation. But in Alabama- you could get royally screwed! I know- its happened to me three times by dealing with a buy here/ pay here car lot. All you can do is contact a lawyer here, and he can threaten the dealer with breach of contract. And you have 20 days to get it licensed. If you dont- you get a fine when you finally do. Not to mention getting ticketed for not getting a license plate within those 20 days. And the police can ticket you over and over for it, and the fine gets bigger and bigger. GOOD LUCK TO YOU.
scam
I bought a car like 3 days ago and today the financing guy called me telling me that the interest rate that he gave me and wrote down in the contract went up by .05% so i told him i rather return the car and get my downpayment back. So he got scared of loosing the sale and apologized to me but still wanted a $125 to pay the bank supposedly. Am I supposed to pay? Is there any law that protects me against that?
No, you had a contract. The
No, you had a contract. The dealership isn't able to fulfill the terms of the contract you agreed too. So, since he is rescinding the contract you are not obligated to him in any way, financially or other. Why would he owe the bank? They send out your credit score and the bank says yes or no.
scam
I bought a car like 3 days ago and today the financing guy called me telling me that the interest rate that he gave me and wrote down in the contract went up by .05% so i told him i rather return the car and get my downpayment back. So he got scared of loosing the sale and apologized to me but still wanted a $125 to pay the bank supposedly. Am I supposed to pay? Is there any law that protects me against that?
My son-in-law sold a truck
My son-in-law sold a truck to someone who was to take over payments. He did not so we file a stolen vehicle report and cannot find out where he lives and he quit his job. The finance company is out of California and said they will arrest my son-in-law if he does not make the payment or return the truck. What can be done? He does not want to make a payment for a truck he does not have but cant find the guy.
Thank you
Is there anything I can do? (Florida)
My car (2006 Nissan Altima) was sold 904/13/2009) with a 30 day warranty and within that warranty I observed an issue where the motor was shaking when in idle. I call my salesman and notified him of the issue. He let me know that he would pick up my car and drop off another so he could take it in and have the mechanics look at it (keep in mind one of the initial selling points was that he told me if I ever had a problem with the car he would pick it up and bring me a loaner...'You will never be without a car"). So we swtiched the cars that evening. The next day he calls me to let me know that they can not find an issue with the car. He stated they plugged it up the the machine but no codes popped up. I told him that is not the only way to diagnose a problem on a car. He stated that was all they could do and that he had taken it to the Nissan dealer up by Live Oak who also found nothing. So he brought my car back that night. While sitting in the car he stated "If you continue to have the problem take it to Mark at Nissan and tell him that I sent you...on second thought don't tell him that because I don't want you to think we are in cahoots but there will be no charge and once the problem is on paper I can have it fixed". I took the car to Nissan who identified that it was the motor mount. Then they proceeded to tell me that there was an 89.00 charge for looking at the car. I called my salesman. He told me to call the President of the car dealer and let her know about the charge and see if she would reimburse the funds. I called her...she was VERY Rude about the whole situation. I told her the story and what was told to me by the salesman and she said we ARE NOT PAYING it. Even though I had to take my car to another place to find the problem that they should have found in the first place. This went on for several hours. I was worried that if I did actually take my car back there that they would break something else and since it was outside of the 30 days it wouldn't be something they would cover at that point. I thought about what I could do and there is really nothing. So I called the salesman and told him I needed them to fix the car. He told me to bring the car up on a Saturday so I drove the car an hour one way for them to look at the car again. I told them what was said by Nissan and all they did was confirm it. They said they would have to order the parts so I drove the car back home another hour. I did ask before I left if it was safe to drive the car with the motor mounts broken...they stated it was. The salesman told me he would pick my car up and drop a loaner off on 06/08/2009 in the evening...I tried to call him several times and no answer. I then called Economy Motors who told me he was off on Mondays. So I waited until today. I called his cell phone several times and he didn't answer. So again...I called Economy and Ray answered. I asked him about when he was going to come and pick up the car...he apologized for not getting back to me and stated that the part was on back order. He also stated that the president said he couldnt give me a loaner car while this was getting fixed. The part will be in on Thursday he said...I told them I was leaving for vacation on Saturday...and wouldn't have time to get it there then and its too short of a notice for me to just take off from work. He said I would have to talk to her...and said I didn't want to because of the way she treated me the time before. He put her on anyway and again...she was rude. I stated the issue gain and how I have been trying to get my car fixed...that they sold me a car that was broken and are working against me to get it fixed. She didn't car. I wont be able to get my car fixed until I get back which is another week and a half of driving my car broken. Is there anything I can do?
Bought new, it was older
I recently purchased a 2009 Kia. The window sticker, contracts and all paperwork states the Kia is a 2009. Two months later I changed insurance companies. Imagine my surprise when my agent told me the VIN stated it was a 2008 model. The vehicle was new, but I drove off with what I thought was a 2009 because I was told, all the paperwork stated it and I signed for a 2009. Now that I have a 2008 what are my options. Instead of driving off the lot with one year depreciation I got 2 years. I think this is fraud.
california dealer
On Saturday I visited several California Dodge dealerships, the last one I found the car I wanted with everything I wanted in it. It was a 2009 Challenger, a tough car to find right now. My trade in was my 2005 Dodge Magnum. I still owed 14k on the car and throughout the negotiation process the dealer was willing to take on $12,800 of the car. I put 6k down the new car, and got my payments to $595 over 7 years. My credit history which has always been stellar took a hit about six months ago, after a car payment got lost in the digital world. I pay most of my bills on line and unfortunately this one didn't go through. Since my lender didn't have my home address, they had my old one, they were sending me notices to my old address which I moved from over three years. I still kept making the payments unfortunately I had no idea that one month was delinquent. The problem was fixed a month ago and the bills were all current, unfortunately it lowered by credit score. So I brought my wife as a co-signer, her credit it at the top of the line. She was able to co sign for the car and the deal was done over the weekend, I left with the new car and said goobye to my old car. On Tuesday I got a call from the salesperson who sold my car stating that "the deal is done!" he was elated, I was taken back. The deal was done over the weekend i'm thinking and he proceeds to tell me that the bank changed the finance rate (monday or tuesday) and I would have to come in and re-do the contract. He stated that "my monthly payments will go up a little bit but not much, and you'll be okay here".
I left it at that and said I would phone him back, and after discussing things over with a friend and going over the contract I was curious here. We had a signed deal in place, isn't it the dealerships responsibility to make sure everything is in proper order before they sign the deal? How can they alter a deal four days later? It's not like the deal wasn't done. They had the financing in place, it was okayed and agreed upon.
I called back and told the dealer they can either honor the contract as stated or they can this car back and i'll be taking my old car when I drop this off.
No where in the contract I signed is is stated that the dealer can change or alter the deal once it's signed and there is specifically a area in which you have to sign that says once you agree to buy this car and sign the contract it's yours. I've read up on plenty of legal sites and talked to many people about this. Most of the answers I have recieved are the same. The dealer can't do much here, they just have to hope you come back to do re-do the deal.
So what gives? Thank you.
used car
I recently got a 2005 Honda Accord EX. My finance rate is alittle high and I can get a lower interest rate. Does the other Bank just pay off the amount finance (the amount of credit provided to me on my behalf)?
Annunal perentage rate Finance charge amount financed
6.19% 2198.86 13305.14
Florida car title and temporary tags
What is the law in Florida regarding the number of temporary tags that a car dealer can issue to a car purchaser and I purchased a car Nov 21st of 2008 and still do not have my title. I am beginning to think they did not own the car and have clear title to it but sold it anyway.
Lemon Buy Back Used Car
Hello
We purchased a used 06 Pontiac G6 here in Maryland about 1 month ago. It was sold as a certified vehicle. The dealership just called to inform us we need to sign another form. When asked what form they said the lemon car buy back form. We are now finding out this car was a "lemon" and was bought back from the dealership. Is this something that had to disclose to us before we bought the vehicle or is it legal for them to want us to sign this form now? Thank you
10 months later I was told I had no financing
I bought a car back in May of 08. In March of 09 the car dealership called me in for a "GREAT DEAL THEY HAD" When I got there the owner cornered me in the office and told me I had no choice and had to buy a new car from them that I could not afford because they could not get me financed and could not carry my loan anymore. He went as far as to tell me to get a 3rd job and curse ALOT in front of my children. Since then I have talked to many attorney who said they can not help they have never heard of this situation. I checked my credit and there is no loan on my credit for the car. I also checked my contracts and they state I am financed through a bank. I have been mailing all my payments to the actual dealership. I also decided to check on the GAP insurance I am paying for and I was told by the insurance company that I do not have a policy with them. I had one attorney tell me to stop making payments to them and then he backed out of the case. My payment is not even 30 days late yet and they have called my work and all my references saying I stole the vehicle and that I owe them a ton of money. What are my options at this point? Can I just return the car? There is no legal loan or contract, the title is in my name with the dealership as the lean holder. Please help I live in Illinois.
the first car
I'm very confused about your situation.
If you financed the firs car through a bank, I would think the only people who could repossess that first car (if you missed payments for that year (08-09) would be the bank, itself.
Your payments were supposed to go to the lender. I have never heard of an actual dealership being a lender, they're a sales business not a banker. Were you mailing payments to the dealership instead of the bank who you borrowed from?
If you sent payments to the dealership, instead of your lending company, you can probably prove who cashed those checks. If the dealership did, then whoever did it is in big trouble.
I would contact the local news and expose this, if it was a fraud.
Dealership carrying the loan
I do have cancelled checks from the dealership and I have found a consumer fraud attorney. My fear now is the are harassing my employees, family and friends. They even had a guy call from the dealership ( someone needs to inform them of a thing called caller id) claiming to the " repo man" and saying they have been searching for the car and I need to leave it out for them to get. I don't sleep at night because I am jumping to look out the window every time I hear a sound. I have to fear my children playing outside and them harassing them. This has gotten so out of control.
WTF?
What do you mean the dealership has the title? When you go to the dealership's financing, they finance (get you a contract) through someone else (auto loan company, Bank of America, etc).
Who did you write the check to?
Reply to WTF
I received a call from one of the owners a month after I bought the car yelling at me for not making my payment. I told him I had not received an address or statement from the bank yet. He told me just to send them the payments and they would take care of it. So that is what I have been doing until the situation happened at the dealership in March. As soon as I found out there was no loan on my credit for this car and relized I had no contract, I started looking into things. They are now making threats to repo the car but I do not think they legally can. The contract I have is with a bank. I contacted the bank and they do not have a loan with me.
Dealer can’t deliver vehicle I purchased
I was in the market for a new 2008.5 Jeep Grand Cherokee diesel for my wife and my five week old baby boy. I closed on a vehicle that was the exact model, color and options I wanted. I even went over my budget as it had the hard to get NAV system and the color. In the deal I was trading in two older vehicles to make the price work for us. I was unhappy with the offer they gave me on one of my trades (Ford F-350) and pulled it out of the deal. I was able to sell it, subjected to purchasing a new vehicle, privately for much more money than they offered. I called the dealer back and informed them that I have sold my F-350 and would like to proceed with the deal now with a $10,000.00 cash down payment and my wife’s car as a trade.
We closed the deal and setup financing and a delivery date was set for the end of the week. I was to come in with the $10.000.00 and my wife’s car and pickup our new vehicle. I made arrangements for the new owner to pick my F-350 and close the deal with payment. I received a phone call from the deal a few hours after selling my F-350 telling me they no longer have access to the vehicle I closed on and had financing in place.
I have been told my options are cancel the deal, get a different color without the NAV system with more options (same price) or move up to the next model that has NAV system and more options and pay more.
I can’t cancel the deal as I have sold my vehicle and can’t ask for the new owner to return it. I want the NAV system but can’t afford to move up to the next model and pay more as I have already gone past my budget.
I guess my question is how far should the dealer go to deliver the vehicle I purchased with the options and color I want without costing me more?
10 day notice
Dealer sent me a notice via certified mail, stamped exactly 10 days after signing the contract. I did not pick up the mail from the post office until several days later, so did not actually receive the letter until 15 days after signing. I called the finance officer and asked what was happening. He told me he was unable to secure financing but was still trying. Additionally there's a trade in involved and I noticed my old car had not been paid off. I mentioned this to him to which he replied that this was not a problem because we had a ten day grace to take care of this (payment was due on the day we spoke) and he would have an answer within a few days and would be able to pay it off, IF he could secure finacing. (I called my finance company and they indeed gave me temn days.) He did not ask me to return the car, and said that the letter was a legal formality only; he was still trying to get the financing. I asked him the worst case and he said I'd have to return the car and take my old car back. I'm ok with returning the car but now concered because no where on the contract does it say he would pay off my old car; however it does state that I traded in a car and it's value. I also signed a release form which I have a copy of as well.
I'm not sure what to do here, what my rights are. The price is good but feeling there is something very wrong here and don't know my legal rights or how to proceed? I'm in California.
Anyone, please advise.
Trade in not payed off
I purchased a used vehicle on April 4th 2009. I traded in my vehicle which needed a pay off. The next payment on my trade in wasn't due till April 12th. 3 days after due date finance company started calling. I had on time payments with them the entire time i Owned the vehicle. I called the car lot where I traded in and asked about the pay off and I got told the computers had been down and they would be sending the check now that it
s back up and running.I called the finance company and let them know this and it bought me a couple ofmore days of piece and quiet. Then they started calling again every day 4-5 times a day about my payment. Tday is now May 11th 2009 and the trade in is still not payed off. I've called the car lot several times and left messages and still no call back or pay off. The finance company is blowing my phoneup starting at 9:00 AM till 9:00 PM every day on the hour with their automated calling.How long does a car lot have to get a pay off payed off? They are affecting my credit report now. What should I do? I live in SC.
held tittle
My husband and I both got new cars on the same day.Two seprate loans with different loan numbers in both our names .We were seprated for awhile and had to default on one of the loans .This has been four years ago.There was never a lein against us.Now they are telling me I can not get the tittle to the car that we just paid off until the other loan is paid off .Is this legal?
AFTER FILING BANKRUPTCY DEALERSHIP CLAIMS FINANCE COMPANY WANTS
AFTER THREE MONTHS OF HAVING THIS VEHICLE THE DEALERSHIP CALLS AND SAYS SINCE WE FILED BANKRUPTCY THE FINANCE COMPANY CONTACTED THEM AND TOLD THEM THE DEAL WAS OFF DUE TO US FILING BANKRUPTCY..THIS VEHICLE WAS NOT INCLUDED IN THE DEAL.... WHAT SHOULD I DO..I TOLD THEM TO LET ME SPEAK TO MY ATTORNEY AND THEN I WILL GET BACK TO THEM.
Car payments
My car has been wreked for about 3years. I only made 4 payments. How can I start new with the payments?
My car is berly getting fixed and i don't want them to take it away. Please help!....
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Cannot get the title...
A few years back, my now-husband and myself went to a small dealer after seeing a Mitsubishi Eclipse in the lot. This was his dream car. The dealer was very nice but seem a little shady. We did not have very good credit so the dealer said that we look like honest people, so he would finance us himself. We were to come in every month to make payments. We did that. We were $100 from paying off the vehicle when the dealership closed down and he was no where to be found. We also paid for a warrenty on the car--which the dealer never sent in so we are out money as well. The title is still in his name. We have tried to find him and have not been successful. We now want to get rid of the car. It has been almost 2 years, do we have any options? We can't even donate the car because we don't own the car. Thanks!
RE: Cannot get the title...
I am in the same situation with a dealer myself who has disappeared...did you ever find a resolution? please email me at dephcon at hotmail dot com if you have any suggestions... Thanks
Stephen
Sales Sticker MD
I recently purchased a 2009 Dodge Journey here in MD. The Sticker stated it had a 6 disc changer and a "MyGIG" entertainment system. When I got home tried loading the 6 discs and it only took 1. I contacted the Dealership thinking it was broken only to find out it was a single disc player. They stated that since I had the MYGIG it would not have a 6 disc changer. They sell cars there with both so I know there trying to cover there back sides. Since its on the sticker dont I have any rights to get this corrected?
6 disc vs Mygig
The My gig is worth $2000 and the 6 disc about 50 why would you even dispute this!?! Don't be unreasonable.
Bonding Company
I had filed a lawsuit against a used car dealership in Florida about 1 1/2 years ago (Sept. 2007). The case looks like it's finally coming to a close in my favor (the dealership's lawyer has withdrawn from further representation of them due to “irreconcilable differences”, meaning he’s not getting paid. They have apparently closed down. They failed to appear in Court a few days ago for pre-trial conference, and the judge entered a Default against them, obviating the need for a trial. An Affidavit is now being prepared, which will then be submitted to the court, and should result in a Final Judgment, putting me in the same place I would be in if we went to trial and won: ready to proceed against the bonding company.). However, since the dealership is now out of business, what are my chances of receiving any monetary compensation at this point? Does the bonding company have any recouse against not paying any monetary award to me, even if the Court hands down a decision granting me a monetary award?
Thank you for your time.
Dealer out of business Lawsuit
So long as the Dealers Bond was in tact at the time of the intial lawsuit you will be piad out of the Bond so rest easy.
After 15 days they call and want more money or co-signer in IL
Hi Hal
I live in Illinois and turned my lease into Advanatge Chrysler 2 months early. They told me I needed $1000 down, proof of employemnt, phone bill and driver license. I went in with all paperwork and down payment of $1300. All paperwork signed with the contract stating they had 3 days to sell the deal. After 15 days of having my vehicle, they call and say the bank wants more money or a co-signer. Can they get away with this? I know my credit wasn't good. And the finance guy said they had a tentative approval which I signed with the rate. What can I do? Is this common practice?
Kari
Incorrect Title
Help Me Please HAl:
On Feb 4, 09 I bought I Lincoln Nav cash in NJ. I was told I would get title in the mail in two weeks. I live in PA. I did do a history report and it checked out. I brought the car home, the check engine light came on. I notified the dealer, he said it's a used car.
Here's the big issue: I got the title two weeks later, but it does not match the vehicle they sold me. I sent it back to them with an explanation from the the PA MVA, stating that the title needs to match exactly, I also sent pictures of the correct vin as it appears on the vehicle. That was on Feb. 25. On March 5 I got a new Temp Tag which expires March 25. Today I got the "corrected title" well, it's the same title they sent me before on a new NJDMV form. I called to let them know, they keep saying it's not their fault. I told them I'd be returning the car tomorrow since they cant supply me with the proper title, I also requested a full refund, they now want me to send the title back for them to fix it in 48 hrs, they'll rent a car for me and i then wait until thursday when they hopefully sould have it all sorted out to send me a yet another new title. I refused and told them I'm returning the car and the title. tomorrow since that's when the temp tag runs out. I spoke to the NJ DMV today and they informed me that they only allow one temp tag. they have given me all the info to file a formal complaint against the dealership and they will investigate.
Am I within my rights to return the car? my insurance co. is discontinuing coverage as of midnight Friday since I am unable to show proof of ownership (title) or registration. I cant register without the title in PA since I paid cash and there is no note holder.
PS: the title they sent me twice registers to another lincoln Nav somewhere outthere. I am being scammed? it sure feels like it.
Simmilar Situation
Let me know how this works out, I have a similar situation and have a vehicle in Colorado that was purchased in Maine. The dealer has had me sending titles back and forth for a month now. They have incorrectly filled it out over and over, and I am unable to register it. I would like to know what I have to do to be able to return the car and get my $4000 downpayment back.
Help!
can we return a cash paid vehicle?
We bought a 2004 ford expedition 1 week ago, three days after we bought it we felt something was wrong with the back tires. The suv tremles badly on take off and there is also some kind of leakage inside around the upper vents. Back on subject, we paid cash for the suv and decided it was not worth paying 12,000 for it! Can we return it? or is there a certain timeline we have? what can we do?
Registration Question....
I recently bought a car from a used car dealership. The dealer bought at auction as it had been a lease return. When i bought the car i paid for licensing and registration and was told by the car salesman i would receive the registration and plates in the mail by the end of the month. It took almost 2 months to receive the plates and registration AND when i put the stickers on the plates i noticed the registration expired in a month and a half. Am i responsible for paying this back registration? And what are reasons the car didn't have plates on it at the time of purchase? I thought plates stayed with the car in the state of California? I've attempted to ask the owner of the car shop but he's been rather evasive and hurried me off the phone each time.
Thanks for any information you may have....
down payment
bought a car and put 1000 down plus insurance so the dealer told me after going home with car that they were going to repo car because i havent finished with the down payment can they do this .bank has already finaced car and call to verify information
undisclosed frame damage at point of sale
Hi,
i bought an 02 Mazda 626 in MD Dec '06 from a small dealership in MD. am still making payments on it but now that am looking to trade it in, am just finding out today through an autocheck.com report that the car has Frame Damage report that was announced at the auction where the car was bought Sept '06 that the dealer never told me about...obviously i wasn't smart enough to request a carfax report back then..am just trying to find out what the MD laws are on this issue...please help as i might be stuck with this car!
refuse to give us paperwork in Missouri
I will try to make this short. We bought a car 12-08, and they told us they would mail us the paperwork. After many phone calls we were suppose to get the paperwork on 2-14-09, when we went to get it was told they have a returned check and we don't get our paperwork until this is paid. We filed bankruptcy on 2-13-09. Can they keep our paperwork? Do we have to pay the $500.00 returned check to get our paperwork? The DMV charges $50.00 every month you titled your car, any recourse for that.
Thank you for your time.
if you want to really do a good expose', look into direct buy.
HEY FRAUD SQUAD NETWORK
if you want to really do a good expose', look into direct buy.
http://www.ripoffreport.com/searchresults.asp?q5=directbuy&Search=Search...
check them on ripoffreport.com or just look past all their phoney ads on google.
http://web.archive.org/web/20080203104709/www.infomercialscams.com/scams...
Unsure
I recently purchased a used truck. Our credit is not the best but we drove away in an 06 Chevy with 1500$ down. Dealer called us a feqw days later and said that they needed more money down, how much could we do. They said that they would do a hold check for 21 days. We signed the new contract and gave them the check. Some one in their office decided to cash it a little early, like 3 days early, and the deal fell through. They explained to me that the bank they were dealing with does not except hold checks and because it bounced, they would have to find new financing. They have now screwed up 3 deals, towed away the vehicle, kept my 3500$ and are blaming us for their faults. This is the only vehicle that we had and I don't know what to do. Someone please help!!!
if you are in the State of
if you are in the State of California, if the dealer is unable to find financing under the terms and conditions they wrote on the contract. . . all money, value of trade in etc must be returned to you. If the dealer is unwilling to do so, you can file a complaint with the DMV or you could make a claim on the dealer bond, or you can file a complaint with the District Attorney's office. . . don't wait too long, statute of limitations is one year
charged more than the expected amount
very informative, thanks.. got a friend who had been charged for more than the sticker price of a new vehicle. Inflation is a serious problem. The much serious thing is that even the spare parts (like audi s4 performance parts) has also been charged more than the expected amount. quite annoying.
New or used on contract?
Last week I purchaed a 08 jeep grand Cherokee overland with 12k miles,
The dealership owner had used and driven.
My sales contract and p&s has new vehicle checked off on 3 contracts I signed.
Is this right? When I contacted finance mgr he said that's correct something regarding over/under 5k miles and the dealership never owned or registered it?
How can they tell my financing bank I bought a new vehicle ? When it IS used?
Help plz
ILLEGAL REPOSESSION
[ThE CaR StOrY:]
I PURCHASED AT USED CAR ON 4/15/07 (MAZDA) I DIDN'T HAVE GREAT CREDIT SO THE CAR THAT I WANTED I INITIALLY DIDN'T GET. IT WAS ON THE VERBAL AGREEMENT THAT I ESTABLISH CREDIT WITH THE DEALER BY PAYING PAYMENTS ON TIME. ON 5/9/07 I SEEN A CAR THAT I REALLY WANTED. THE DEALER TOLD ME TO GIVE HIM $1000 THAT DAY AND $2000 THAT FOLLOWING WEEK. I GOT THAT CAR. BOTH THE CARS WERE IN HOUSE FINANCED, WITHOUT ANY INTEREST APPLIED HOWEVER ON THE TRADED CAR(CAMRY) THERE IS NO WRITTEN AGREEMENT. I HAVE DOCUMENTATION FOR THE PREVIOUS CAR(MAZDA) NO AGREEMENT FOR THE (CAMRY) IT WAS FOR 8300, WITH A 3000 DOWN PAYMENT A VERBAL AGREEMENT OF 325 DOLLARS A MONTH, WITH THE EXCEPTION IF I OBTAINED EXTRA CASH I COULD PUT IT ON THE CAR ALSO. ON 3/08 I NEEDED SOME WORK DONE TO THE CAR BUMPER REPAIR/PAINT/REPLACE, ALONG WITH A LEFT SIDE FENDER THAT NEEDED THE SAME WORK AS WELL. I CALLED FOR QUOTES AND WERE GIVEN REALLY PRICEY ESTIMATES AS MUCH AS 900 DOLLARS, I TELL MY CAR DEALER ABOUT THE ISSUES AND HE TELLS ME HE COULD HAVE IT DONE REPAIRED IN 2 DAYS FACTORY PAINTED. I WAS NEVER QUOTED AN ESTIMATE HOWEVER HE DID COMPLY. IN THE PROCESS OF THE REPAIRS MY $400 STEREO SYSTEM GETS STOLEN. THE FOLLOWING FRIDAY WHEN I PAY A CAR NOTE HE GIVES ME AN INVOICE FOR THE REPAIRS OF MY CAR COSTING WELL OVER $800. HE EVEN STATES COSTLY REPAIRS THAT HE HASN'T DONE THAT DIDN'T EVEN NEED REPAIR. I EXPLAIN TO HIM THAT THE PRICE IS TOO HIGH AND HE SHOULD MINUS THE PRICE OF MY SYSTEM BECAUSE IT WAS STOLEN. HE BASICALLY SAYS HE CAN'T THE WORK IS DONE. A FEW MONTHS LATER I HAD SOME FAMILY ISSUES AND WAS OUT OF TOWN. ON 9/5/08 I HAD MY AUNT PAY MY CAR NOTE..WHICH SHOULD HAVE BEEN JUST ABOUT PAID OFF AND NOTICED HE HAD INSERTED THE COST OF REPAIRS IN MY CAR NOTE INVOICE AND SUBSEQUENTLEY WITHHELD MY PINK SLIP. LOOKING BACK AT PREVIOUS PAYMENT INVOICES THE NUMBERS ARE A TOTAL CHAOS. SOME DON'T MATCH, THE DATES ARE OFF AND HE DOESN'T EVEN HAVE MY PAYMENT MADE ON 9/5. ON 12/17 I HAD A KNOCK ON THE DOOR FROM A REPO MAN.. NO INFORMATION WAS GIVEN TO ME AS FAR AS HOW MUCH WAS OWED. I HAD NO CALLS, NO LETTERS NO FAIR WARNING THAT MY CAR WOULD BE TAKEN. I FELT THAT WITH THE BUSINESS RELATIONSHIP THAT WE HAD, I WOULD LEAST GET THAT RESPECT. I GO TO THE PLACE WHERE I GOT THE CAR, AND I'M INTRODUCED TO THIS "FINANCE MAN" WHOM I HAVE NEVER CONDUCTED BUSINESS WITH NOR MET AND I WAS TOLD I WAS IN DEFAULT FOR MORE THAN $1000 . HE THEN DECIDED TO WORK OUT A "DEAL" FOR ME AND SAID I COULD GET MY CAR FOR $1000 PLUS AN ADDITIONAL $1200 APPLIED FOR INTEREST, $350 REPO FEES, TOTALLING $2600 RIDICULOUS. SINCE THE DAY MY CAR HAD BEEN TOOK I HAVE HAD PEOPLE TELL ME THAT THEY HAVE SPOTTED MY CAR IN TRAFFIC. I HAD SOME LEGAL AID WHICH TOLD ME ABOUT THE $50,000 BOND THAT COMPANIES HAVE..I ALSO DID A LITTLE RESEARCH ON THE DEALER AND SEEN THAT HE AND HIS BUSINESS HAD A CASE AGAINST HIM IN 2006. ALSO HIS CORPORATION LICENSE HAS BEEN SUSPENEDED SINCE 2005. I HAVE FILED A SMALL CLAIMS SUIT FOR ILLEGAL REPOSESSION . MY COURT DATE IS 2/10/09
new car hail damage
I bought a new car from don davis toyota, i did not know it had hail damage at the time of buying, the sale never reflected a hail damage discount or something like that nor the title. Now there was a hail disclosure which I signed at the dealer ship, but at the time of signing the guy explained to me that if there were any hail damages from the date of purchase, the warranty would not cover it. Now the dealership is refusing to fix the hail damage due to this hail disclosure nor offer me any discount, what options
Repairs not made
I made the ultimate mistake of purchasing a car "as is" and am almost positive I can't get any money back for it, especially living in North Carolina where there are no real lemon laws for used cars. However, the "dealership" I purchased the car from also has its own shop/mechanics, and I was told I could have all work done there at a fraction of what it would cost me with an outside mechanic. This was one of the "perks" of buying from this dealership, and my selling point. Although there was no warranty on the vehicle, I was told by the owner outside of a few cosmetic flaws, the car was in great shape and had no real mechanical issues. To back this up, he told me to feel free to take the car to my mechanic and have it checked out and if anything proved to be otherwise, he would fix the problems, at no additional cost to me. I purchased the car on a Sunday and drove it off the lot on a Monday. Almost immediately (within 1 to 2 days), the check engine light comes back on. I immediately take it back to them, as it would cost me little of nothing to have a diagnostic run there and they offered to fix the car for me at no charge. I told them the car would not go over 55 mph without hesitation, the water pump was leaking coolant and my check engine light had come on, and would not go out. They wrote up the work order and I signed it. They called me a few days later and informed me my car was ready. When I picked it up, they told me they'd replaced the water pump and my check engine light was probably a sensor and everything was fine. Next day, check engine light comes back on. Suspicious, I take it to an independent mechanic who informs me my Catalytic Converter needed to be replaced immediately. The leak had stopped, so there was no need for me to check the water pump, as I believed they'd fixed the problem. I took the car back to the shop and informed them of what I'd been told, and the owner tells me he will order a Catalytic Converter for me and have it put on. 3 weeks go by and I hear nothing from them. Finally I call and inquire as to the status of the part and am assured its on order, but because it comes from another state it takes longer and the manufacturer didn't have the CAT for my car in stock. I wait an additional 2 weeks, and I go in. The father of the owner has no knowledge, or record, of it ever being ordered and he tells me to bring the car in one day the following week and he would pay the additional money to get the CAT locally and put it on, at no cost to me. I did what he asked and when I brought the car in, the son all of sudden wants to run another diagnostic and his mechanic tells me its not my CAT, my PCM needs reprogramming. To take it to Ford and they would do it for me. I take the car to Ford and they tell me reprogramming will not solve the issue of my CAT if it is in fact bad. I take the car back to the dealer and tell them what was said. They inform me Ford was "BS-ing" me, and they would take it up there themselves and have it done. They assured me this would fix the problem. I get my car back and check engine light comes right back on. I call the dealer to inform them and they tell me they will get with Ford and get back to me. No one got to me, so I went to Ford myself and had a full diagnostic run on the car. Come to find out the car was sold to me with the ball joints about to come completely off. They listed it as "Dangerous" on the repair form and informed me to take it home and park it immediately and do not move car. They also said the dealers mechanic never replaced my water pump. The dealers mechanics loosened the radiator hose to reduce the pressure and "stop" the leak instead of replacing it like I asked. My CAT was indeed bad and needed to be replaced ASAP (as I had been telling them) and my rear back brakes were almost metal to metal.
Now, when I took the car to them, my instructions were to fix it, regardless of whether it cost me or not. The fact they did not bill me was appreciated because they had every right to, but that does not give them the right to cut corners and return my car to me in the same condition and tell me it's fixed and produce a work order saying it was fixed. They could have discussed payment with me and I would have been fine. I needed a fixed car, not a car that could have killed me and my loved ones. The fact they didn't charge me was their fault. Don't mean to sound ungrateful, but there is no price I wouldn't pay to be safe. They have screwed me over every time I've gone to them and I am livid about what they did to try and conceal the problem. Do I have any recourse. I don't want the car anymore, but afraid I may be stuck, so that's not really my issue. I have an issue with the repairs they allegedly provided, but were later discovered had not been made and the multiple "mis-diagnosis" that leads me to believe they were trying to cover it up. As a matter of fact, after his mechanic said it was just my PCM and not my CATs, his exact words were " WHEEW, saved me a lot of money, because a CAT for your car is too expensive." I just don't know what to do, or if there is anything that can be done. Please advise!!! Thanks!
HELP ME PLEASE
I Purchased A CAR TODAY AND SIGNED A CONTRACT. I HAVE THE CAR BUT NOW MY DAD SAID IT IS TOO MUCH FOR THE CAR. AM I STILL ENTITLED TO A 2 DAY CONTRACT CANCELLATION BY LAW? He added a lo jack and warranty and upped the car sale price by 1,000. He was moving so fast I did not notice he changed it until now. can I take the car back tomorrow?
Presented new buyers order and new LOWER cost!
This is a strange one. Purchased new car and had signed buyers order for total cost of $30000. Rebate on this car was $3000. Well, I couldn't take immediate delivery until some options were installed. When I came back days later to pick up car and make final payment (no financing was involved) a new buyers order was presented to me with total cost now $1000 LESS. All the numbers were changed including rebate amount which was now listed as $5000. I called the manufacturer direct and was told the rebate on this car is only $3000 so how can a dealer put it down as $5000 and then attempt to pocket most of it anyways by raising the price of the car? What is going on here? Did I enter the Twilight Zone? Is there a scam here or is the dealer making a mistake on the rebate?
over charge
I bought a new chevrolet aveo last July 28 2007, the salesman added my trade-in that was 2500, 1000 down payment and 500 rebate into the mrsp price without discussing it with me. He explain the contract starting at the trade-in. He admit to making a mistake on the bill of sale but did't correct it. When I left the dealership I had one paper which was the bill of sale only. Two week later I received my contract with a different date on it. the mrsp had gone up 4000. I talk to the saleman, and the general manager neither one could explain about the increase in price. I left the car at the dealership 19 days after we could not agree on the increase price. I file bbb they said to arbitation. The dealership call the finance company a one month and two week later. the finance pick the car up sep 9 2008. the said that they are going to auction the car and I am responsible for the different. I credit has repo on it. I have not heard from the finance since about the auction. what can i do to resolved this matter.
what to do when dealer tells me 16 days later redo contract
Help ! from california
Hal can they do that change my payment term agreed on.
purchased car on the 7th recived a certified mail on th 21 but waSNT home to collect the letter.
Sio I called up the dealer to ask where I send my payments to the dealer tell me i need to change and redo the terms because lender dont want 72 month payments plan as agreed.
Please help
Thomas
deferred down payment
I bought a car from a used car dealership in California, not 24 hrs after the check engine light came on. I found out its the catalytic converter. It's not under warranty at the dealer but it could be covered by the manufacturer(luckily) but now I feel as though I have been defrauded... I attempted to return the car to the dealer, but they refused(this was on the second day). Then I was told I might be able to get the contract resended(SP?) because I was not given the buyers guide, and the deferred down payment was not listed. (I gave 1500 down but was told I needed 1000 more so I gave them a check to hold) So, now i'm putting a stop payment on the check, is there anything I can do?
The first red flag that
The first red flag that comes up with this one is if the Catalic Converter was bad how did the vehicle pass smog??? When you purchased the vehicle, did the dealer offer you a two day contract cancellation? or did you sign a document that the two day contract was refused or unavailable (if in fact you did refuse it and the dealer didn't just tell you it was unavailable) A two day contract cancellation option is required by law. When you were looking at the vehicle and negotiating was the buyers guide posted in the vehicle. That is also a violation, in addition to them not giving you your copy. The deferred down payment is required to be listed in the contract. What you should do is discuss these issues with the dealer and come to an agreement between you and them that would be acceptable to you. If that doesn't happen, you can file a consumer complaint with the DMV Investigations Section. Hope this info helps
New car "general contrat"
I "attempted" to buy a new Nissan Titan on Sep 27, 2008. I was told that night that I was finaced through a bank near the Dealership and that all I needed to do was open a bank account that following Monday. I did that. Then on Saturday Oct 4, 2008 the dealer called and said they ended up having to finance me through Nissan Corp with a higher intrest rate and that I had to go down and sign new paper work. When my husband told me this I told him to take the truck back down and demand our trade in back. They told my husband that he was "stuck" with this truck and that we "had" to sign new paperwork. He refused and they drew up another contract again, this time with us paying off our negative equity so that they could get us the lower APR. I went down myself and told the sales manager and the president of the company that I wanted my trade in back and that I thought this deal should be void because of the changes made. The sales manager told me that I was "making excuses" and that they couldn't give me back my tade in because they didn't know where the keys where. Then he told me that the original deal still stands because I signed a "general contract" and that they called in a favor to Nissan and got the intrest rate lowered back down. I don't know what they mean by general contract. I called again and the finance manager told me that they were wrong. I wasn't approved with Nissan but I was once again approved by the original bank. When I called Nissan to find out who I had the loan through Nissan told me it was trough them. They also said that my first payment was due on Nov 11, 2008 because the dealer had them backdate it to the day I bought the car. When I tried to call the owner I had to talk to his secretary and she told me she would look into it and call me back but it's been 2 weeks and no phone call. I went and talked to JAG to see if they can help me but the minute that JAG called the dealer they overnighted a check to my bank and paid off the loan for my trade in. Now they have legal posseion of my trade in and the Titan is still on their lot until we know what we can do. I'm currently without a car. I just need to know what a general contrat is and if there is anyway to get my trade in back and cancel this agreement based on all the things that have happened.
New car with Hail Damage
I have recenty purchased what was supposed to be a new Tahoe. The Tahoe was being traded from another dealer and we were to pick it up the next day. When we picked up the Tahoe everything look great. Maybe it was my fault but I did not go over the New Tahoe with a fine tooth comb, because I thought I was getting a new car with no damage. Now that I have had the Tahoe for a 1.5 months I had the Tahoe detailed and noticed that there is minor hail damage($2300) to the Tahoe. I contacted my Dealer which in return replied that the other dealer did admit to the hail damage, but did not disclose any of this to me at the time of purchase. I am wondering what laws I have to stand on if anything. I live in Texas.
Hail noticed 1.5 months later
A month and a half and you didn't notice the hail? Who's to say it hasn't hailed during that time? People please be reasonable. You're on your own with that one and next time please open your eyes, new or used!
can a car be sold as "new" when it was a returned car in CA
I purchased a car that was told was new - on the contract it states NEW. After a few days was told I was going to be stuck with a 12.9% interest rate if I didn't sign a new contract. Told them I was unhappy with the car and wanted my old car and my down payment back the dealership said I was bound the the contract with 12.9 %. So with them pressuring me I signed the new contract. Later I got a paper from the DMV stating my old car was still registered to me. I still have not received new plates for my vehicle. Called the dealership , they said DMV is slow I should receive it shortly. It's been a month and 5 days since I purchased the car and still not plates. Five days ago, the dealership called saying I didn't have the correct registration in my window and I needed to come by and pick it up. I went and now the dealer is saying that I need to sign a paper stating I knew the car I purchased had been returned. I told them after numerous time of coming back to the dealership and being forced into the contract when I wanted to walk away the first time - I'm not signing a paper stating I knew the car had been returned. The dealership told me it was a NEW car and I'm not signing anything stating I knew the car wasn't. The dealership tried to tell me they didn't know the car had been returned and only after I had the car in my possession they found out. They have records on the cars they have on the lot.
I only found out that the car had been registered to someone else 5 days ago - but the dealership is saying it's a NEW car. Trying to scare me, the finance manager said I needed to wait as he spoke to the store manager. I told him, I don't have to wait, I'm very unsatisfied with how they handled the paperwork. They seem very dishonest and I'm leaving and contacting a lawyer. They charged me full price for the car (as if it were new). They said they gave me all the rebates. That's not the point. The car was titled to someone else and then returned and it wasn't disclosed at the time I signed to paperwork. And they had every opportunity to inform me - they had me come back to the dealership over a bunch of times.
It sounds like fraud to me, but want to know my rights. I've contacted a few lawyers and am waiting to hear back. I've lot many nights of sleep over this. I think they thought they could get away with forcing me to sign another paper since they were able to force me to sign a new contract, but enough is enough and this just doesn't feel right.
HELP from a female consumer.
Your bad car deal!
I would love to know what Dealership and where in California, I am in a dispute for fraud with a dealership.
Thanks
Tiffaney
compensation?
Hi Hal,
I no longer want my trade-in and down payment back. I don't trust this dealership and feel they might do something to the car ... also, the dealership has paid my previous loan off for my trade-in. What are my options? Is there a way to get compensated for what the dealership has put me through?
Thank you for the information!
PS - I'm still waiting to hear back from someone at the number you listed.
you win
At leaat in California what they did was clearly illegal and should get you out of the contract. In CA I will evaluate for free justr call 1-800466-5366 outside ca use naca.net to find a local consumer atty. hal
Unwind sold as new
We purchased a 2008 GMC Acadia last February (2008). It was disclosed to us that the vehicle was an unwind, but not knowing any better at the time, we bought it anyway and it was sold to us as "New".
Well our registration renewal came a few weeks ago saying that the reg is due in November. We were suprised to see that considering we bought the car in February!
We like the car very much, but I do not like getting screwed (who does, right?). Isn't it illegal to sell an unwind car as new?
Thanks!
yes its illegal
Please see my answwer above-law requires it be sold as used. hal
Rushed In
Hi Hal,
I am an inexperienced car buyer and went to a dealership just to look at what's out there. Before I knew it, I found a car for a decent price, but come to final price they added $7000 for various charges. I signed the finance and purchase agreement because I thought it was a good deal. Which it wasn't. I havenlt touched the car. Can I walk away from the deal?
Rushed In?
You are NOT an experienced car buyer if you paid $7000 over what the car is worth....The word MORON springs to mind. Just shut your mouth and enjoy your car
Your an idiot
1st mistake is that you signed for something you shouldn't have signed for in the first place.
2nd. If you saw them add 7000 for various charges, why did you sign it? You should have ran out the door as fast as you could
People, this is one of the largest purchases you will make in your lifetime and you don't do any research? Typical Americans...idiots.
In California, if you signed
In California, if you signed the contract but did NOT take possession of the vehicle, it is not a consummated transaction. That's why most dealers want you to take possession of the vehicle once you sign the contract.
Vehicle History Report
I owed approximately $8,000.00 on my 1999 Toyota Camry, in 2006 I received a "Shoppers' pass' from the dealership where I purchased the Camry. I was even thinking about purchasing another car-my Camry had only 72,000 miles, in pretty good condition, actually better than that, a sun roof, I had kept up on all of the required maintenance., you get the picture. I hadn't even gone in to find out about the pass, when the salesman came up to me, and started walking me over to the far end of the lot to show me a 2002 Toyota Solara. To make a long story short, 4 hours and $22,000, later, I came out with a car that I didn't want-it was like a dream. During the test drive-I asked him for a Vehicle History Report-he never disclosed to me that the vehicle had been in a accident (I found this out later when I paid for the report myself), after purchasing the car. The fact that this would have been my third Toyota (which I have been tremendously satisfied with), combined with the fact that several years earlier my former fiancee had come to this same dealership to purchase a car to rebuild his credit-after they finally succeeding in getting him financing-he was not happy with the car-and wanted his $1000.00 down payment back(we had come back on two prior occasssions to see if they could fix the problem to his satisfaction), when the dealership refused to refund the money-I went directly to the owner of the dealership whom I had met briefly-about 4 years earlier, when he attended a luncheon at the company that I was employed with. I had read this huge article in the business section of the local newspaper about this new dealerhip that had come into the area-and was part of a group of dealerships. I introduced myself to him and told him that I had read about him- he gave me one of his cards, and told me when I was ready to purchase a car to come see him. I hadn't given that another thought, until we couldn't get the money back. I found his card, which thankfullly I still had, called him and told him my problem-let's just say-less than a week later-we got the money back-which is why when i was ready to purchase a brand new car years later-I went back to the same dealership. In other words, I thought that they salesmen were honest, the service had been great, and I felt they had integrity. So, even though the salesman never did give me the VHR, I admit that they did kind of stay in the back of my mind-why he didn't give it to me-I still felt confident buying the car. I am a grandmother who usually spends every other weekend with my grandkids, and this car is a coupe, I hadn't actually thought about how inconvient it was going to be as far as shuttling them in and out, so on Monday, I called the salesman, and told him that I changed my mind, (it was within the three day period),and I wanted to bring the car back-he told me that I couldn't do that-I never did get the extra set of keys that he told me I would get, he did not fill the tanklike he said he would do, and basically, I feel railroaded and haven't been able to just accept that I haven't been. I purchased the car in August of 2005,-I just want to know if simply withholding the VHR, even after I requested it, would have been grounds to cancel the contract.
No financer found after 30 days
My husband and I purchased a new Nissan Versa on Aug. 15 from a dealeship in the Bay Area (Fremont, California). We walked off the lot with no down payment and a credit rating fitting to us with a 45 day window to make the first payment. About 2 weeks later they sent us a letter saying that they were reniging on the contract because they couldn't find any bank to finance the vehicle. We went ready to return it. They ended up giving us a better deal than previously and requested a down payment, but we told them that was not part of the deal. they settled with the rate and purchase price. They ended up cutting about 10,000 off. (this was interest and purchase price). And we still walked off with no down payment. Sounded like a great deal so we signed a new contract and they informed us at the time they had approval and a financer. Now another 2 weeks later and still no financer, no one is agreeing to the amount. We phoned them concerned because from what we were told the insurance will only supply coverage if there is a financer. The dealership will only provide finance coverage for 30 days. The 15th of Sept. is the 30 day deadline. What's our next step?
Update to No financer Found in 30 days
Update...the dealer had no choice, take the car back with over 1500 miles on it or give us the car with the amount of money they could get financed. They chose the later...and we got the car at less than sticker price!!! God is good!!!
US, too.
This is happening to us, too. We called the dealership ahead of time and told them our credit rating and asked if they would be willing and able to work with us. Yes. The salesman called back, okay, just making sure as we don't want to waste anyone's time with false promises. Oh, no we can have financing available. Great. Get the vehicle, sign the paperwork, 21 days later, no financer. Well, too late you had 10 days. Now, we are trying to force the dealer to hold to the 10 day right to cancel.
help! I bought a "new" car yesterday with 1000 miles on it
I bought a car and was told that there was 307 miles on it. The trip odometer said 307... but when I got it home, i turned it off and the real odometer came up and it said 1007 miles. obviously the person in charge of the documents saw the trip odometer and thought it was hte real odometer. i have to have the warranty fixed, but on top of that should I take legal action? does 1000 miles still count as NEW?
I dont htink so
I bought a new car in 03 and it only had 12 miles on it when i test drove it. There is no way that a new car would have 1000 miles on it or even 300 miles on it.
Well since this is 5 months after you posted I hope you were able to take care of this........
the dealer hold my car
hi.i buy a car with capital one check.i buy the car 9 days before and the capital one deliver the funds to the dealer bank 3 days ago.now the dealer says i have to wait 10 more days until the funds clear.is this some kind of trick;the capital one says the money is in car dealer acount.can i do anything exept waiting;is it legal for the dealer to do that;thanks
state of nj
1. Learn to spell and
1. Learn to spell and grammatically put your sentences together so we can understand what you are stating.
No Contracts recieved for a vehicle 3 Contracts Signed
This dealer in San Diego Ca Spot delivered a vehicle to me at 7:00 at night on a sunday with no financing. They said they will contact the office on monday. I find out that They inflated the amount financed + down payment so I ended up paying 15.500 for a vehicle they told me the sold to me on the contract. They then had me sign another contract where they lowered the contract price 500.00 So the vehicle sold for 13,000 + license tax fees and 500 down. They have refused also to repair anything on the vehicle. I was sold a vehicle with warped break rotors. Missing seals on the windows. It was in a crash and not disclosed. Screws missing out of the hood and ac vents. The stereo did not even work. It was agreed to have this looked at and they said nothing was wrong. They would not put anything in writing that they looked at the vehicle.
I still to this day 4 months later have no plates, no sales contract and no written documentation that they looked at the vehicle and attempted to repair the vehicle.
The best thing you can do is
The best thing you can do is to file a consumer complaint with the DMV Investigations Section. www.dmv.ca.gov under the search box, put consumer complaint form. Be sure to have all copies of the documentation that was actually given to you. Also make sure that the dealer complied with the AB 68 laws and offered you a 2 day contract cancellation, if they ran your credit, make sure they gave you a copy of your credit score and the company they ran it thru. Also make sure they gave you an optional products and services disclosure for anything they added to the vehicle or contract. The break rotors - get documentation that they are warped - that is a violation of Division 12 - safety equipment!
Hope this helps - you have one year statute of limitations to file that consumer complaint - but you need to do it asap
A rolling stone gathers no
A rolling stone gathers no moss.A true friend is known in the day of adversity.
?????
Buyer Scam
Hi there, I recently had a buyer for my truck, a Nissan Frontier, and I think they were trying to scam me. The guy "buyer" was trying to get approval from his bank for a loan, but he wanted to have a mechanic take a look at it first. He had me drive it to a local auto shop who looked at it for about 10 minutes and told me it needed a new timing belt and head gaskets, making the car worth far less than the 7000 I was asking for it (already 2000 less than NADA wholesale's LOW value) The buyer recieved this information from the mechanic and made me an offer of 4000. I refused naturally, but I think this guy was using his mechanic buddy to deflate the value of my truck so he could resell and turn a profit on it. Is this a common scam? It just seemed kind of shiesty to me as the mechanic was telling me my truck was going to die and I either needed to fix it or get out from under it as fast as I could before it died. If this is a scam should I report it?
please help
I just purchased a 2002 Dodge Intreped car on 7/19/08 on 7/20/08 I noticed oil leaking very bad, I gave my GMC truck as a trad in on 7/21/08 I returned to the used carlot where I made the purchase, they did not want to work with me he was basically rude and told me it was too late I signed the paperwork.
Now out out of a vechile and stuck with having to pay for a car that is not in good status condition. Please advise as to what I can do to try and get anoother car or my trade in back. Do I stiil need tio keep paying on the defered payment. Please advise your assistance is greatly appreciated.
Tommy Zamarripa
146 Prosperity
San Antonio, Texas 78237
(210) 909-2944
please help
I just purchased a 2002 Dodge Intreped car on 7/19/08 on 7/20/08 I noticed oil leaking very bad, I gave my GMC truck as a trad in on 7/21/08 I returned to the used carlot where I made the purchase, they did not want to work with me he was basically rude and told me it was too late I signed the paperwork.
Now out out of a vechile and stuck with having to pay for a car that is not in good status condition. Please advise as to what I can do to try and get anoother car or my trade in back. Do I stiil need tio keep paying on the defered payment. Please advise your assistance is greatly appreciated.
Tommy Zamarripa
146 Prosperity
San Antonio, Texas 78237
(210) 909-2944
Your Bad deal
I would be interested in hearing the out come of your case, I have similar situation in California.
THEY WANT THE CAR BACK AFTER 3 WKS
I purchased a car and was told i had been approved on July 1, 2008. I had informed them at the time that I was currently in an open Chapt 13 and had to get an approval letter from the trustee. (im in NJ). They said ok no problem we got an approval for you. They took my old clunker as a trade in and let me drive off the lot. Well its now 7/17 and I was just informed that they cannot get any of their financing companies to approve a loan if my name is on it. They said someone else would have to buy it from me. None of this seems reasonable. I was up front with them from the beginning but now i am told i have to bring back the car. Do i have any recourse? Obviously they never processed the registration and title so I dont know what to do.
need help
I went to buy a car on friday the 4th. we didnt sign the contrack or paper work on friday but what we did do is leave a check of 3000 dollars to "hold" the car so if we decided to get it they wouldnt sell it. they told me to take the car home for the weekend which i did but i was insisting i would leave it since i wasnt sure if i was gonna buy it. i didnt drive it all weekend bc i didnt want to run the miles up on the car so if i didnt purchase it. well on monday i brought the car back saying i didnt want it bc i found a cheaper car i liked a lot better. they told me that i gave them the check and i couldnt get it back since it was already in there hands(which they did not tell me it was non refundable) i am 21 and i first time buyer so im assuming that they were coning me into buying it. well being young and 3000 is a lot of money to lose even though i new i couldnt afford the payments i signed the paperwork bc i didnt want to lose my money i put down. but i really didnt want it bc it is a lilttle expensive for me to handle the payments. so i feel like she pressured me to signing the paperwork noing i would since she would not give my down payment back. is there anything i can do to give back the car and get my money back since she scared me into buying it with the fear of losing so much money?
Can i get my trade in back
I brought a car from a car dealers and traded my car in this was about 3pm on a wednesday, I told the salesmen that i had no income coming in and that i just seperated from my partner and that i shoud be getting a pay out from our busniess that we owned but wasnt sure as to how much i would be getting, i took in my paper work i had got from our accountant but said this was my income but i am not reciving anything through the busniess or even on a benefit, the salesmen asked me to sign 2 forms so he could try and get finance for the new car so i did i didnt fill out any off the paper work he done all that, he told me to leave it with him he would sort it and i would get the new car. I then ended up getting the car around 3pm but by 5pm that same day i phoned the salesmen up at his home and told him look i cant afford the car i done a silly thing buying the car and that i want in the right state of mind to of brought the car and that i also found out that i wouldnt be getting as much of a pay out from my busniess that i had with my partner and asked if my car was still there he said yes my car was still at their yard so i asked if i could come in in the mornning and just get my old car that i had traded in back and he said yes come in in the mornning and we will sort it out for you i also offered to pay for any cost that was accured for setting it all up, the next morning (thursday) i went down with the car and he told me to come back after 3pm to see the manager as the mananger had been delayed on his flight from australia, i then left and went back about an hour or two later and the manager was there and he said no i can not have my trade in back and so i phoned the police and they came down and told me to phone the finace company and have the finace cancelled on the car witch they did they cancelled it for me as i told them that i told th car dealer i had no income and that i was going to be getting a payment from the business but not sure how much and that the car salesmen filled in all my forms not me, the finace has been cancelled but the car drealers want take the new car back and give me my trade in back and that the dealers have already been paid for the new car from the finace company so i dont know how he has been paid when i have cancelled the finace on the new car.. also with the new car i was ment to get $500 petrol vouchers plus a portable DVD player for the car witch i havnt been given and i only got a wof off 4 months as i brought the car on the 2/7/08 and the wof expiers on the 11 month off 2008 and i also only have one head light working on the new car. can they sell a car like that from a car dealers and beeing a brand new inport ment ot be the first new zealand owner.
How can i get my old car back that i traded in ?
not within the 10day cancellation
What happens if the dealer doesn't give you written notice within the 10days to cancel a contract due to them being unable to find a bank to finance? We need help. We are in California and obviously not the only ones dealing with car dealerships over this same thing.
since the dealer cant find
since the dealer cant find financing for you and doesn't want to carry your contract under the terms and conditions he wrote, basically you need to return the vehicle, and the dealer needs to give you back all consideration you paid on the vehicle. The 10 day recission letter is binding, so if the dealer can find you financing you would need to sign another contract if you want to keep the vehicle. If you feel that the dealer has defrauded you in any way , you have 1 year statute of limitation to file a consumer comlaint with the DMV Investigations section. You can go on the dmv web site www.dmv.ca.gov and get your consumer complaint form.
Hope this helps - don't wait too long to file that complaint form
seller gave notice after 10 days
1st time buying a car together. We knew we didn't have very good credit and informed dealer of this. we went into office on 3/20/08 and gave a $500 downpayment signed the contract, called and added insurance and drove home in our new car. 29 days later we were contacted by the dealer and told that none of banks he had tried would finance us except one. They required a copy of proof of income, we had to sign another contract, and we had to give an additional $1000 on the downpayment. We gave him $400 on 4/18/08 and were given 60 days to come up w/the rest of the downpayment. Our first payment was due on 5/18/08. The day before I still had not recieved a bill so called dealer and he stated that the company was not in our "service" area and so was unable to do the loan and that he was going to try another bank and call me back by 4pm that day. Yesterday, 5/21/08 he finally called me back and stated that the last 2 banks he tried would not finance us due to bad credit and that we would have to return the car! If I had known in the first place that it would be an issue to get financed I wouldn't have bought the car at that time. During the time that I have had the car I put a dent in the door. Which I have turned in a claim to my insurance for. But I will have to pay a $500 deductable. None of this seems fair to me. What are our options since he strung us along for so long as well as being well outside the 10 days as it states in the "Seller's Right to Cancel"?
answer
did you get an answer yet on the 10 day period??
10 dealer cancelation--still no answer from anyone
Still have not recieved any kind of answer to my question. Returned car last week but would still like to know what my options would have been if I had known what my legal rights if any were in this situation. Please send an answer. Thank you.
bad credit loan - taking over payments
I purchased a vehicle through craigslist. The deal is that I take over smeone's payment. I put $2000 down and my payments would be roughly $405 a month for a $28,000 van. The $2000.00 went through a "broker" who works between me and the owner. The deal is I have bad credit and they cant make their payments so it sounded awesme to me.
Signed all the paperwork including a legal right to drive the vehicle and I must insure the vehicle.. blah blah blah.
I get back home and try to insure the vehicle. I must include the owner and the finance company. Problem is, Im not on the registration so they couldnt do it. So I call the "broker" and he doesnt return my calls. I had already made the first payment also but from then on out I stopped making payments. A month later, "they" come and take the van. At this point, I could never get the broker to return my calls.
I even called the finance company to see if they would work with me on this and they couldnt speak to me because its not my vehicle.
So basically I got scammed $2000.00
Now the owner is clling me trying to get the last months payment from me and the mandatory insurance for 2 months the finance compny through into the mix at $200 a month.
Does all of this sound illegal to you?
DO I have any rights here in filing a civil/criminalk charges against the OWNER? Im sure the "broker" is long gone. As far as I know, they are all one in the same person.
Any advice would be helpful.. I already know getting my credit back up would be the first advice!!! Im already paying for that n everything I do!!!
thanks
Credit Switch
Hello,
We purchased a Mazda in April, when talking to the GM about financing (the finance person was ill that day) my wife and I stated we only wanted Mazda Motor Credit, or no deal. We haggled about interest rates a bit, we told him we can get financing at this interest rate through our Credit Union, and he looked it up and stated that he can have Mazda Motor Credit match that rate. And he assured us it would be only Mazda Motor Credit. We told him we would not sign unless it was. This week I got a payment bill from US Bank, it seems the GM did not tell the finance person to only go through Mazda Motor Credit, in which we specifically asked for, and decided for us whom we are being financed through. I called to complain, the finance person contacted my wife yesterday to apologize repeatedly for their lack of communication, and asked what can they do to make it right? My wife asked him to call back to speak to me, as I am the one whom feels that they are taking advantage of me.
My question is...Can I demand them to refinance me through Mazda Motor Credit? And, is there a breech of contract, being that we were going with the GM's verbal aggeement on financing when signing the contract? Hal, What can we do?
Many thanks in advance, MK/CK
Dealer won't give us paperwork for purchase
Two weeks ago, my husband and I purchased a 2006 Chevy truck from a local dealership. We bought the truck in both our names, and as we were signing the paperwork, I carefully read over all the details - everything was correct:
Purchase Price: $30,850
Downpayment: $3,500 (to also cover tax and title)
Extended Warranty to 75K miles ($2,500)
Loan Term: 60 mos.
Rate: 5.9%
Plow for the truck would be brought from sister dealership and was promised to be in good condition.
That was Sunday afternoon. My husband was to pick the truck up Monday afternoon, as the dealership was taking care of the registration and new plates. The salesman asked that I call him Monday to confirm plates were received, etc. before my husband picked up the truck. I called Monday afternoon, and was told the plow wouldn't arrive until Thursday, but my husband could still pick up the truck. My husband picked up the truck, and on Thursday I called to see if the plow was ready. The salesman tells me he needs to check and will call me back. Two hours later, I still had not heard from him, so my husband called. He spoke to the service department who told him that they had the plow, but were waiting for management to sign off on the workorder to fix a part. Confused, my husband asked for the manager, who said he'd call back. We did not hear back from him Thursday.
Later that night, my husband asked me to pull out the paperwork for the truck. Sadly, I thought HE had taken it, and so we now had NO copies of paperwork that we signed for the truck. My husband and father in law went to the dealership Friday morning. After a rather nasty exchange of words, the plow was fixed and my husband took it. He was told that our copies of the signed paperwork had "just" been picked up by the mailman. That was Friday morning, and today is Tuesday. We still have not received the copies. I have called the lienholder and have verified that the loan terms are correct. I have also received my payment books. My concern now is that the dealership is pocketing the money for the Extended Warranty, and by not providing us with copies of the signed documents, we can't prove that we ever BOUGHT that warranty.
I plan to call the dealership tomorrow morning to ask for the paperwork to be faxed to me, but based on their not-so-upfont business practices thus far, I'm guessing they aren't going to send it. What rights do I have to obtain copies of those documents? And what can I do if I do get the paperwork, and it isn't what I signed?
Thanks.
Refund of down payment
I needed a car so I decided to try and get preapproved before I started to look. I was approved for 18,000 with Capital One. I saw a 2003 Toyota Solara for $6700.00 on the web and decided to take a look at the car. I test drove it, did a visual inspection and everything seemed ok. So I decided to buy it.
The problem was that Capital One requires that I purchase car from a franchised dealer, which this dealer wasn't. So I decided to try and get financing through the dealer. I signed a credit application and left a $500.00 Down payment ( the dealer said that his lenders woudn't approve without it). That was on a Thursday. The next day, Friday, the bank called to verify my information. I didn't hear from neither the dealer or the bank until I called on the following Wednesday to tell them that I found another car and used my preapproved credit form Capital one.
The sales manager told me I was approved for the loan through the dealer's bank and was scheduled to take delivery the next day. I told him that I was not contacted and I had already brought another car. I told him that I just wanted my down payment back. He told me that he couldn't give it to me because once the credit was approved, the bank automatically takes $750.00 from the dealership. I then told him that I never aggreed to a nonrefunded deposit and they cannot force me to accept the terms of a loan. I again demanded that my deposit be refunded to me. I told him that this was not legal, and he cannot hold money for product that was never delivered. But he said that he talked to his lawyer , who informed him that it was legal and he can keep my money to pay the bank.
I dont think this is Legal in Pennsylvania. Am I right? I was going the contact the attorney general or a lawyer, but I am not sure if I am right.
Thanks
car dealer didn't collect down payment
I bought a car 7 days ago and unintentionally left without giving them the $2000 downpayment. They called the next morning and we asked if they'd take a credit card over the phone to settle that up. The guy who called us didn't know and said he'd call us back. We didn't hear from them so, 6 days later, we called them back and inquired to the same guy about the status of the paperwork and the payoff of the loan for the car we traded, etc. The guy told us everything was settled, our sales contract and paperwork were in the mail and the loan payoff on the old loan could take a couple of weeks but everything we fine an in order. We asked if we owed them anything else and he said "no". I know I still owe $2000 - what happens now? I'm not trying to not pay - but I can't believe their not trying to collect.
Did you ever recieve an
Did you ever recieve an answer to this question?
Is buyers contract binding?
Hello Hal,
Help! We went to buy a car & signed the buyers order & the dealer also signed it. We also signed the Conditional sale & delivery agreement. We had told the sales guy we were not decided about finance options - but he said we had to sign these documents & later we could discuss our options with the finance people. Later, the finance guy gave us a high rate of interest so we told him we'd like to use our own pre-approved loan. He did a turn-around & told us that the price agreed to is conditional on us financing with them & that's what they understood! This was a lie! we had told them repeatedly we do not want to make any finance committments. So we walked out. Now we are worried if they can say that we have to buy the car from them and is it legally binding on us? We did not pay them anything for it & didnt take delivery either. We did not sign any finance papers either.conditional sale & delivery agreement & also a paper "we owe" where it states that they owe us nothing on the car & we accept delivery of it & we owe potion of this is scored out. They did not give us a copy of buyers order, we only were given the We are in Texas. Your advice would be really appreciated. Thanks in advance.
Can a car dealer raise the finance charge 5 days later
my husband just purchased a 3 year old used car and was told that he would get a higher interest rate because we had filed bankruptcy a year ago. The papers were all signed at 11.9% interest rate. my husband has had the car for 5 days now and the dealership's fianance dept. called him to tell him that they were not able to get him that interest rate after all, that it would be 16.9% instead. needless to say my husband is furious that he signed paperwork at 11.9 and now they want him to sign new paperwork at 16.9. my husband refuses to sign a new contract and told the dealership they either void out the contract and give him back his $5000 down payment that he had originally given them or keep the deal at the 11.9 percent interest rate originally signed and agreed upon. NOW The dealership is giving him the run around and telling hom to come back in a few days when the GM is in because he is the only one that can authorize this....what can we do, is this legal????
Did you get an answer to
Did you get an answer to this question ? I had this happen to me in 2003 and KNEW it was fishy.. Now I am thinking about going after this car company that did it..
Thanks for your time.. Chris from Jersey
They tried to pocket a down payment
What happened with your deals?
My sons 1st auto purchase... They financed 100% then ask for the down payment of $3000.00.... Not looking over the contract, my son had them hold the check then later (a few days) realized that the down payment is not listed on the contract, he ask for a correction. When they called him he told them he was not paying a down payment they had financed the whole truck?!!@..... They did nothing for almost 4 months, then they tried to cash the check which of course it was no good. He had moved back home and closed the account by then. Thinking they realized there mistake and thinking it was all over with. My son has been charged with a felony deposit account fraud, for not paying the down payment due?????
Dealer pocketed down payment
I recently purchased a car for $18,000. The orignal price was for $18,999. I put a down payment of $4,000. I signed the contract but I didn't notice that the price of car was still $18,999. The total price of the car was listed at $27,000+ dollars for my car!!
$18,999 + Tax + $4000 down payment = $27,000.
I called the sales guy and asked him what he was trying to pull. He just gave me a whole lot of garbage. I love the car and want to keep it. I just made the 1st payment. Since I got financed for 100% of the car, How do I get my $4000 down payment returned? I live in California.
In-Correct Value Of Vehicle
My husband and I purchased a used vehicle from a car dealership for about $14,000 are loan ended up calculating in the amount of $22,000. The dealership had promised us an easy trade-in after a year, which they lied. Anyway, a year later rolls around and the dealership tells us they will not trade-in are vehicle because the loan is too high and then we found out that the vehicle we had purchased a year ago wasn't even worth around $14,000, but it was worth around $5,000. Do we have the right to sue for the car to be refianced into the correct value of the car at the original date the car was purchased and to be credit for all the car payments we have made towards the vehicle? They completely ripped us off!!!!
Which car do I own?
I signed documents at dealer #1, late at night. They didn't have the car on the lot, they had to go get it.
I did not give them my down payment. I did not take the car.
I got an unrelated deal from dealer #2 which is what I was really looking for. They told me that there was no sale for Car #1.
I bought Car #2 and paid my down payment and took the car with me.
When I tell dealer #1 that I don't want the car, they state it's an iron clad contract that is enforcable, and they'll come after me for the down payment, repo the car, ruin my credit, etc... They also state I can get out of Car #2 because "I was lied to." Either that, or I really do own them both.
Which is correct? Do I own Car 1, 2, or both?
2001 VW Passat
Going back to the electrical probelms. I purchased a used 2001 vw passat approx. 75000 from a dealership. It came with Arizona State Implied Warranties. I noticed after about a week both halfshafts were bad and the boots were bad. So i took it and the dealership stated they replaced them. It has been 11,000 miles and 8 months later and they are bad again. The vehicle is not drivable. I took the car back to the dealership and they said those were not under warranty because they did not replace them they just put new cv boots on them. So I asked the service guy at the counter and he said because I was in housed financed the car comes needinh repairs and that was my responsibility to repair it. So acccording to him they knownly sold me a car that needed these repairs. But they will not repair it now. Can I do anything?
Used Car Dealer Raised Price at the last minute
I am in California and have been in the market for a car. This Monday, I finally found the perfect one. I negotiated with the salesman, who called the owner and lowered the price. The woman who was in charge of the paperwork was out of the office for several hours, and as I had a class I couldn't miss, I paid a deposit and made arrangements to return on Thursday. I am a 90 minute drive away, and when I arrrived Thursday, they informed me that the owner claimed he had not agreed to the price - but he DID - I was in the same room when the salesman called!!! They wanted an additional $1000, and when I refused they refunded my deposit. They didn't even have the decency to call me & save me the drive. The next day, I called and asked to speak to the owner, they would not give me his number & I had to leave a message. Needless to say, he has not returned my call. I did some research online and discovered that the business phone number is listed as the owner's private phone through the phone company, and when I searched the DMV datbase, I could not find a licence under the business name, although there was a listing for a previous dealer at the same address.
Is there any action I can or should take? I am FURIOUS at this situation, I feel I have been royally screwed!
Thanks for your time!
No license plates.
I live in WA and on Dec 24 of 2007 I purchased a used pickup in Idaho at a dealer. It's now Feb 08 of 2008 and still no plates. After numerous calls, and the typical "I'll check into and I'll call you back.", replies, they have yet to contact me back once. The day of the purchase seemed normal, except the fact they told me they were out of odometer statements and that they would send me one in the mail, which never arrived. I've contacted my local licensing service companies, but they can't license the vehicle without the title from the dealership. The dealership has sent me a second temporary plate, and said they would send me a third if I needed one. Okay, a third? Somethings not right. I'm really getting a little anxious here. I also received a past due notice on my trade in. I NEVER miss a payment on anything. After a four phone calls from ME, they finally assured me that the trade has been paid. Any suggestions on what might be going on, or how to get my vehicle licensed, or just give this truck back. I'm just tired of getting no response from them. Thanks Hal for any advice.
What is this scam of No Plates? Gotta be a scam.
Me too. Called again today, after 9 weeks, and they said "they're not in yet". What is this? I think they're scamming for the registration money. This was fianaced properly, NO trade in, straightforward deal. So what's in it for them to scam me like this? I'm going to the state Attorney General Consumer division today to file a complaint against Kia and this dealer.
What did you end up doing?
OMG!!!! I finally found someone who is going through what I am going through right now.....I purchased my car on October 24, and now it is December 30 and I just recieved my 3rd temp plate.........what did you end up doing?
Thanks
help!!!
so i am having this same issue. i have heard rumors that you can just return the vehicle. has anyone else heard this? i would appreciate any advice. if you have time please respond to macbabby@hotmail.com. thank you
Incorrect Odometer
I bought a car from a private individual who told me he had the car HPI checked and everything was perfect. On the advert for the car he stated that the mileage was genuine 50000. On purchasing the car I found out the next day that the mileage was in excess of 102000. My own HPI report confirmed this. The advert also said the car was in excellent condition. I found out on driving home that the speedometer was very temperamental. What recourse do I have?
Hello i recently purchased a
Hello i recently purchased a used 06 Impala on a Friday 1/25/08 night. I am young and this was my first car purchase and i think the salesman could sense this. As soon as i got to the dealership he started showing me cars and said he could get me a deal and lower the price on one for me. This sounded nice at the time, so we got into the office and he handed me some papers to sign and said he would be right back, one was a credit app., i signed the paper and when he came back he started filling in my information. Before i could say anything he put my income as 2100 a month which is not true. He said since i was young he had to do this so that the bank would approve. He also raised my time on my job to a year which is also not true. Also, he told me that he was going to tell the bank that i put 1500+ down so i could get approved. I told him i could put 600 down and that i would bring it in the morning 1/26/08. He also said that he would need my proof of income, and proof of residence and told me he knew a person that could make check stubs to reflect a 2100 income. He asked did i have a check that he could hold for me that night and i said NO thank god i dont write checks. So he said he would tell his manager that i put the 600 down that night so i could take the car home. I signed all of the papers and took the car. The next morning 1/26/08, i called the dealership and asked could i bring the car back because i had a bad feeling about the whole deal. I made up a lie about my mom having a better credit score and that we wanted everything to be in her name. I spoke to the salesman that morning and he said that nothing was final until they received my proof of income for the bank Capital One. In my head i was thinking, if i dont bring my proof of income, the bank will deny the loan and i can bring the car back. When i got to the dealership i spoke with the finance manager and told him the story about my mom and could he cancel everything we had done the night before. I told him that the salesman said that the deal wasnt done until my Proof of income was received and he said " So you're going to commit a federal offense by not bringing your proof of income?" I said no but this is what your salesman told me. (keep in mind the salesman told the finance manager i had already put my money down and that he had all of this information) The finance manager told me there was nothing he could do and that the deal was done because he had submitted my information to Capital One already that morning 1/26/08, which i think is a lie. He said the car was mine. I left the car at the dealership that day but after thinking i came and picked the car back up that night 1/26/08. After i told them the story about my mom wanting EVERYTHING in her name and to take mine off they said they would only do so if they could get her information over the phone. I told them that she would be in town on MONDAY 1/28/08 which is untrue, so i could hopefully find a way out of this deal because Something has to be illegal. When i signed the papers i did not receive a copy of the contract or title or anything but a buyers guide warranty paper, an odometer disclosure statement which is also incorrect but ill get to that in a min., and a WE OWE service appt. paper. The odometer statement read 33606 on 1/25/08. When i came back to get the car on 1/26/08 it said 35115. I took a picture of this for evidence. I live about 5 miles away from the dealership and the car was at the dealership from Sat 1/26/08 morning until that night around 8 pm, so how is it possible that 1,509 miles could have been added between that time. Even though the salesman told me that the deal was already final, AFTER telling me that he would need my proof of income for it to be final, he is still calling me for this information. I also forgot to add that since the salesman told the finance manager i had already paid the down payment of 600, the finance manager was looking for the payment and since i had not paid the money yet the salesman told me that it is going to be taken out of his check because he lied and said i had already paid it. He said he would be fired if they didnt take it out of his check. I am not giving any MONEY, PROOF OF INCOME, OR PROOF OF RESIDENCE because i do not want the car. It is bad timing and i feel like i have been taken advantage of and would like to do more research before just going out and buying a car. ANY HELP IS APPRECIATED IN THIS MATTER.
You need to file a consumer
You need to file a consumer complaint with Department of Motor Vehicles Investigations Section. The dealer needs offer you a 2 day contract cancellation option, and provide a copy of either that or decline of the option. He needs to give you a a copy of your credit score, and if he added anything to the contract or vehicle, he needed to give you a copy of the optional products and services disclosures. It is a misdemeanor not to provide this information to you, it is in section 11713.19, 11713.20 etc of the vehicle code. If the contract for credit is not in your handwriting please advise this material fact to the DMV Investigators, this is possibly fraud on the part of the salesperson, he put in the false facts and figures on your contract
Hope this helps you have one year statute of limitations with DMV to pursue your complaint. You may also check with filing against the bond company, District Attorney Office Consumer Protection Unit
Down Payment
Hi I bought a car from a dealership. Recently it has been giving out and not starting. I have had a series of problems with the car and decided i want to give it back and get my down payment back. I have only had it for2 weeks. Can I still get my down payment back?
no right to return a car
There is no general right to reurn a car or any vehicle. I am missing the facts needed to see if you have any legal rights, i would start by checking the cars history and having a complete inspection as to its condition. To give any advise I need age and milage when bought, whether it was certified sold with a warranty or as-is and the number and nature of the repairs. hal
Bond Auto Sales, Tampa, FL
We had purchased another car two day before we got the saturn and the head gasket was blown in that car......every since we've had the sarurn more and more problems and quit making payments, We've put more money into this car than it is worth. Are we obligated ti return it as it was a buy here pay here annd no paymnet has been made since May 2008 abd they've never came after the car. Where do we stand on this? It is a freaking lemon.
Bond Auto Sales, Tampa, FL
We had purchased another car two day before we got the saturn and the head gasket was blown in that car......every since we've had the sarurn more and more problems and quit making payments, We've put more money into this car than it is worth. Are we obligated ti return it as it was a buy here pay here annd no paymnet has been made since May 2008 abd they've never came after the car. Where do we stand on this? It is a freaking lemon.
Down Payment
Hi I bought a car from a dealership. Recently it has been giving out and not starting. I have had a series of problems with the car and decided i want to give it back and get my down payment back. I have only had it for2 weeks. Can I still get my down payment back?
in what time frame can i get my money back...?
i signed up for a extended warranty $2000.00 and now i changed my mind i don't want it can i get my $2000.00 back and redo the contract
i signed before my first payment, what can i do?
in what time frame can i get my money back...?
i signed up for a extended warranty $2000.00 and now i changed my mind i don't want it can i get my $2000.00 back and redo the contract
i signed before my first payment, what can i do?
in what time frame can i get my money back...?
i signed up for a extended warranty $2000.00 and now i changed my mind i don't want it can i get my $2000.00 back and redo the contract
i signed before my first payment, what can i do?
in what time frame can i get my money back...?
i signed up for a extended warrenty $2000.00 and now i changed my mind i don't want it can i get my $2000.00 back and redue the contract
i signed before my first payment, what can i do?
Down Payment
Hi I bought a car from a dealership. Recently it has been giving out and not starting. I have had a series of problems with the car and decided i want to give it back and get my down payment back. I have only had it for2 weeks. Can I still get my down payment back?
Dealer renigs on deal
I saw you had answered many questions about the law and car dealers. I was wondering if you could answer my question below?
I was on ebay and saw a truck forsale. I called the party to find out it was at our local car dealer (Fred Beans Chevrolet in Doylestown, Pennsylvania). I told the sales representastive I would be up in a day to look at the car. He explained to me he would hold the car till I made it up to the dealership.The next day I went to see the car around 7:00pm. I looked at the car and it looked nice. My friend and I negotiated the price and asked the dealer if I could take the car and have it checked out by a local ford dealer. I also left a $500.00 deposit which they were suppose to charge to my credit card. The sales representative had taken the numbers on a piece of paper as I drove away. Our agreement was all verbal and he took my information so I could drive the car to my local Ford Dealer.
The agreement was if the car passed the condition the dealer stated I would be back the next day with cash for the car. We negotiated the price as stated before. I also told them where I was taking the car. The next next day I took the car to local ford dealer to have it checked out. I dropped the truck off around 7:30am. I called the ford dealer back to get the report and they told me that fred beans, the card dealer that owned the car was coming to get it. I called the sales representative I made the deal with and he said I am sorry but we sold it to a man off ebay. He said ebay told them they had to sell the car to someone that clicked the buy it now pricing. I tried to resolve the issue ammicallbly with the dealer and he said tough.
I asked them to provide another vehicle with similar specs and year and we could still make this work. They said sorry they had the right to do what they wanted. They also asked me to spend more money for an older truck. I would like to bring them to small claims court and ask for the difference that it will cost me to get the same kind of truck with the same equipment. Do I have a case as they made a deal with me and I left a deposit so they would not sell the truck on me. They said well we did not run the credit card and paid the local ford dealer for looking at the truck.
I feel we had a contract and the fred beans says tough. I belive since I am a consumer it was easier for them to sell it to the ebay guy than fight ebay. Do I have a case?
Please let me know.
Regards,
Michael Dolnick
no deal
In CA there is no binding deal untill a contract is signed and the car taken, even then there is ten days to get financing. I dont like what they did but asyou could still back out so could the dealer in my opinion. hal
They want me to return the car
I purchased a car and was told i had been approved on July 1, 2008. I had informed them at the time that I was currently in an open Chapt 13 and had to get an approval letter from the trustee. (im in NJ). They said ok no problem we got an approval for you. They took my old clunker as a trade in and let me drive off the lot. Well its now 7/17 and I was just informed that they cannot get any of their financing companies to approve a loan if my name is on it. They said someone else would have to buy it from me. None of this seems reasonable. I was up front with them from the beginning but now i am told i have to bring back the car. Do i have any recourse? Obviously they never processed the registration and title so I dont know what to do.
need advice
I brought a car 7 months ago from a dealership. I had the car checked and everything but am now having 2 major problems. when I brought the car it listed that it had an alarm system in it as one of the upgrades/ options. I have now found out the alarm was never installed correctly and was wired wrong. This issue has caused alot of the expensive sensors/ computer modules in the car to have blown recenltly. The dealer doesnt want to pay to fix it as it past 30 days but this problem has been caused by faulty installation. They also have been having problems getting the title transferred to me so I can get the tags/registration for the car. Is it even legal for the dealership to have sold me the car if the title wasnt cleared and ready for them to transfer it to me
warranty of title
Every sales comes with a warranty that the seller can deliver title which has not been done here. There is also an implied warrranty that the car will work. If the electrical problems started in the first thirty days your case is even better. Without title I would demand a complete refund and if need be report them to the DMV and crimminal authorities. Dealers have gone to jail for selling cars without itles. hal
Purchased Used 2001 VW Passat
Going back to the electrical probelms. I purchased a used 2001 vw passat approx. 75000 from a dealership. It came with Arizona State Implied Warranties. I noticed after about a week both halfshafts were bad and the boots were bad. So i took it and the dealership stated they replaced them. It has been 11,000 miles and 8 months later and they are bad again. The vehicle is not drivable. I took the car back to the dealership and they said those were not under warranty because they did not replace them they just put new cv boots on them. So I asked the service guy at the counter and he said because I was in housed financed the car comes needinh repairs and that was my responsibility to repair it. So acccording to him they knownly sold me a car that needed these repairs. But they will not repair it now. Can I do anything?
Private Party Auto Purchase
My cousin went out and purchased a car for it today, he paid cash for the car and was then told that the brake fluid was just a little low and there was a bottle in the trunk and to just pour it in (Why didn't he just run then?!?!) But he did do this and drove the hour home, before reaching home the brakes on the car went out completely and after coasting to a stop it was discovered that there is a large hole in the brake line. The seller obviously knew this but did not disclose it. Is there any recourse that we could take??
privat party woes
These cases are difficulr as even if you win you must then try and collect. I would have the car inspected. Then you can sue for the cost of the brake repair or to return the car depending onthe report. Most attorneys wont take private sale cases. hal
Down Payment Scam
I inquired about a 99 isuzu trooper, salesman wanted to run credit app. i let him know i wanted to put 1,000 down, he faxed me app, and the next day he stated that the down payment was needed. i used my credit card for the transaction, but before the transaction i asked him "if the down payment didn't go thru how would i get my money back?", he stated "o we'd just simply credit your account back" so upon my better judgement i gave him the needed info. Something was pulling me from making this decision but my lust for the vehicle made me do it, hahaha, but whats not a laughing matter is the fact that when the loan app didn't go thru because of the vehicles mileage, i asked for my down payment back and the salesman began to play the merry go round with reasons as to why it wasn't credited back to my account. i have taped our conversations because i knew something was gonna transpire, i got there intentions on tape, lol so they adknowledge that they do owe me back the money. but do i need to file a police report, i work at a lawfirm and have one ready to go monday morning. what other steps would you suggest i take other than going up there, because going up there may not put me in a good light. thank you for your listening ear.
downpayment
A number of older letters just showed up nad I dont know why. I will still provide responses for general info. I would put mu complaint in writing to the general manager letting him know he has five business days to return the money. At the same time I would file a complaint with he DMV. If no money after 5 days file criminal charges. Also protest the charge to your credit card company and ask for the charges to be recersed. hal
used car misrepresented as a year newer
After purchasing a used vehicle that was supposed to be a '06, found out when getting the vehicle licensed, that the vehicle was a '05.
The dealer says, "Too bad, you got a good deal either way." Is there anything that can be done?
Thanks for any help and advice!
wrong year
You can cancel the sale or sue for the difference in value between the years. hal
I just purchased a new car
I work for toyota and we get really good deals on our vehicals. I went to order my car and told the man that my credit was not good, but i was told that me working for toyota they financed everyone. Well my car came in they called me and told me to come and pick it up. When i got there i didn't want to drive the car until i was sure i was approved. So we sat down did paper work and because i worked for toyota im the vendor the approved me. We did all the paper work i signed everything took the car home. Now 7 days later i get a call saying i was not approved, but yet everything is done just like ive always done when i purchased a car. Now they want me to come back in and either give them the car or ive got to have a co-signer. The night i took the car they told me i was approved ive done all the finance paper work i just don't know what to do cause to me its a done deal. What do i do.
Thank you...
dealer dishonesty
I leased a BMW x3 in January of this year, and have yet to receive the license plates. Calls to the dealer result in;"We will look into it" comments.
a call to the DMV has made me think something funny is going on perhaps the car was used or an "unwind" vehicle. The car had 117 miles on it per my paperwork thought purported to be new. What is my recourse.
Sincerely,
Scott Sackin
714-374-3535
Selling used truck
I recently put my used truck for sale on cars.com. I received an offer for the asking price. I disclosed to the buyer that my truck was in an accident and expected that they would want to negotiate on the price. However, they wrote me back and claimed that the condition of my truck was "acceptable" to their "client" and that they were going to overpay me by $7,000 because their client had given them a cashier's check for $21000, and my truck was only $14000. Of course I was then supposed to write them a check giving them the $7,000 back after the transaction. This appears to be a scam, and I am considering contacting the local authorities. Do you have any warnings about these types of scams?
co-signer
we had purchased a new vehicle with my mother in law as a cosigner, and our car as a trade in that is paid off and a deffered downpayment of 1000.00 dollars. We had let them know that my husband and I didn't have the best credit but they said no problem when they ran my mother in laws credit they said my mother in law and my husband can get the vehicle together. Mind you my mother in law doesn't work or have a drivers license she has a CA I.D. card they said agsin "no problem". So we took the car home this was on the 17th of the month on the 27th of the month so 11 days later we received a call from the salesman asking us if any one has tried to contact us my husband said "no why" the salesman said "because your mom doesn't have a CA drivers license you have to bring the car back or find a new co-signer. So I then called the fianace lady we delt with and asked her what was going on since they knew all this before we had even took the car home and that on there contract in the back where it says seller rights it says that they have 10 days to notify and that we were told everything was fine at the time of the deal she began saying it wasn't my mother in law it was my husbands credit and that my mother in law could get the car on her own because she has the credit for it. Was this legal of the dealeship and what does a co-signer need to co-sign for a vehicle because we keep getting told different things?
Car Sale Without Seeing The Car - Can I Get Out Of It?
I made a very impulsive purchase--a car that I had not seen that could supposedly be obtained from another dealer. I put a large down payment on the vehicle and signed paperwork to finance the balance.
I have not seen a window sticker on the car. The dealer marked it up considerably over sticker without showing another sticker.
I have not taken delivery of the car, and do not want the car - it is not a color I will be happy with.
Is it too late to get out of this deal? (Washington state...if that has a bearing on this.)
Dealership Cannot Fulfill Sales Contract
I bought a new 2007 Jeep Wrangler 2 months ago. The dealership told me they can install power locks and windows for $1,400.
I agreed and the dealership added this to the total price of car(not itemized on contract) and put the specifics on a due bill.
I received a call telling me they cannot fulfill this because of the type of Jeep I have and mechanical restraints. This was confirmed by many mechanics as well.
The dealership offered the 1,400 back but I would prefer giving the vehicle back.
Is the dealership obligated to rescind the contract?
I am a CA resident.
The dealership said they would buy the contract back but wanted me to sign a backdated agreement, and blank payoff authorization. (Somethings Fishy...) They said they could "shove this vehicle down my throat if we wanted to..."
Please Help!
D
no locks
I have a number of cases like yours-where the dealer promises something then cant deliver and then just offers the money back. Without going into a law school lesson the issue is "partial breach" vs "total Breach". One gets you money back the other out of the contract. The issue is does the breach i.e. what they did wrong got to the heart of the contract or is it a side issue. In English it comes down to if you would have bought the car or not without the add-ons. As a second issue they violated a number of laws by not itemizing the after market products. These are new regulations part of the recent car buyers bill of rights and the issue again is what do you get. If the extra products were a deal breaker I think we can get you out. I would need to be faxed the contract and the due bill and hear from you in respose to the issues-such as how important were these items. Hal
no locks-email
Can you send fax number to shellhorn5@msn.com?
D
fax
1-858-348-1150 all my info is on my webpage click on my name or type in autofraudlegalcenter.com
no locks- response
Thank you for your reply. Yes, the dealership knew I did not want the vehicle unless the power locks and windows could be installed. This was the main issue for me.
I would also like to know what charges I am responsible for if the dealership rescinds, such as milage or finances charges...
What number may I fax to?
D
charges
Our positon has always been none.
Questionable Deal
Hal,
I came across this website and could really use your advice on what I believe to be auto fraud. Back in April of this year I purchased a used car from a dealership here in Alabama. I had a trade in also. The advertised price was $25,991. I even have a Full Disclosure Customer Worksheet that has this price listed in the blank next to MSRP and Selling Price. Well about a week ago I went to a dealership looking for a vehicle that was a little more practical. I was informed I'm $12,000 upside down in the vehicle I purchased. As I got to looking at the paperwork from this deal. I've noticed that the selling price on the contract I signed is $31,590. The gross allowance on the trade in is $26080 and the actual payoff on the trade in was $26079.45 and they made it look like there was enough left over for a .55 downpayment. Which in turn after all fees and taxes the final amount financed came to $32,227.06 After carefully looking over the contract I don't know exactly how much negative equity was really in the vehicle I traded in. On top of all this one to two weeks after we signed the contract, they sent me another contract saying they had me a better rate, so hurry and sign the new contract and overnight it back. Well after seeing some of your responses on this website I've contacted a few lawyers from the naca.net website in my area. One is telling me well they just put the negative equity into the price. Funny because on the naca.net website it says he is experienced in auto fraud. Well if that's the case then why doesn't he recognize then that this is one thing they have done illegal. Also they never sent me a copy of either sales contract, so I went to them to collect one. The first time I went they handed me the old contract (the first one we signed). When I returned and told them I wanted a copy of the final and valid contract that was signed the business manager said they couldn't find the original one so they printed off a new one, she signed it and told me if I wanted a signed copy that we would just have to sign the one she gave me which didn't contain our signatures. And then she asked me " Why do you need it, I don't see why you would need it?". I'm basically just trying to find out where I stand with this because two of the lawyers I have contacted have told me there isn't much they can do. One says there wouldn't be enough money in it for him basically because he works on contingency and plus since I signed an arbitration agreement with the dealership it more than likely wouldn't go into litigation. So basically, bottom line, I would appreciate any insight that you might be able to provide on the situation.
negative equity
My california case holding it illegal to roll negative equity into line 1a1 has been adopted by many but not all states. You can legally show negative equity if you show it while calculating downpayment and as a prior credit or lease balance. Without looking I dont know how yours was done. Also different states have different rules. If you fax or pdf me the contract and ad I can givce a general evaluation. Not all consumer attorneys really understand the financing issues. If yours was done wrong I can give you an explanation letter that might help in finding an attorney. I try to help teach other attorneys this area when possible. hal
Negative Equity Funding
If a dealer "lumps and bumps" ie funds negative equity in the Uk - is it legal?
Sorry about this but interested to know if you know o how i can find out!
Many thanks
Could you email me your fax
Could you email me your fax number, so I can send you the copy of the contract? The email is jbb_uab@hotmail.com
New Car "Bait and Switch"
I was in the process of buying a new truck when at the last minute the price changed. I had agreed on a model, extras, and price. I signed a document with pricing included and put down a $500.00 desposit to sucure the truck. The truck that I wanted was located in three days, I was contacted and went to inspect the truck. I agreed that this truch was the one I wanted and the dealership was to install the remaining extras that was in the agreement. I even took my son up to show him the truck prior to the remaining in house work was to be performed. Four dayslater I received a call from the dealership to inform me that the truck that I thought I had purchased was $2,000.00 more than the price we had mutually agreement upon. Counter offers were made in the range of $400.00 off by the dealership. Shouldn't the orgin deal be binding since I inspected and agreed to purchase that specific truck? And there is also the fact that money ($500.00) had exchanged hands in the agreement. Should and does the dealership have to honor the deal?
done deal
I agree it should be honored. Technically a deal is not legally done untill paid in full or you take delivery. I use this to get consumers out of deals. So I cant be sure. I would not pay a penny extra. If you want to fax a pdf me the gagreement I will look at it and tell you if I think you can enforce it. I can of course only do this for California deals. Hal
Done Deal
Thanks for the reply, after further discussions with their customer serive department, the GM finally got involved and honored the deal. Wow, right does prevail!
Deferred Down Payment
I purchased a 2006 Mercedes Benz in July of this year. I was given a "spot delivery". I was told that my creditscore was pretty low and I would need a cosigner. I told the salesman that I didn't have a cosigner, and thank you very much for your time. Instead of leaving, I stayed and listemed to the salesman tell me how great of a car I was trying to buy. Mind you, this is my dream car. After telling him that I needed to know numbers, I revealed that I was able to make a downpayment. I was allowed to put 10,000.00 on a credit card, and they accepted deferred payment for the remaining 10,000.00. I have been told that you are not to use a credit card for a downpayment. This was not a debit card, it is a credit card.
The next day, I realized that there were a lot of different things that we wrong with the car and I asked the salesman to make sure that they were taken care of. We made a list of what the repairs needed to be, however, they weren't completed. Upon my return back to my home state, I am informed by the local Mercedes dealership that the car has had extensive body work, and involved in an accident. I was livid at that fact, on top of finding out thatthe repairs they claimed to have made, were nony not completed, they were covered under warranty. (I still had manufactures warranty) I was lied to and gievn the run around.
I contacted the dealership on 3 occassions to seek assistance, to no avail, so I took matters into my own hands and stopped payment on the 2 checks that I had written for 5,000.00, respectively. I had the work done and sent them the receipts to prove that the work had in fact been done. I had to replace the rear tires @ 700.00 for 2, less than 2 weeks after I purchased the car. I was told that tires were not their responsibilty. Also, they haven't paid off the 2 trades that I traded in either. I had to make not only the new car payment, but the trade that is sitting in florida, on their lot and a SUV that they have yet to pick up from me. I deducted the amount of repairs along with the payments that I had to make on the trades. I needed to preserve my credit.
I didn't receive a buyers guide, as there was no guide in the vehicle, there wasn't even an owner's manual in the car when I got it. I wasn't informed that the car had been in an accident and was told that it was my responsibity to request a car fax. Car fax doesn't show an accident, but the hood certainly did along with the bottom of the bumper. Because I acted in good faith, I expected the same. I also acted in Good faith when I stopped payment on the checks to have the car repaired. I had no malicious intent at all
I am now being told that they have "bought my deal back" from the lender, however, the lender knows nothing of this. The dealership sent someone to pick up the car and didn't even have my trade, a tow truck, or my 10,000.00 refund and they thought I was surrender the car without any paperwork. I have informed them that I will submit payment in the difference of all repairs and car payments.
Can they cancel the deal? Can they be made to pay my trades off? Please advise.
lots of issues
In general you have to keep the entire deal or no deal at all and go back to what is known as the statur quo-meaning to before the deal. You dont want the car and why would you. You get your trades and all your money back and they get the viehicle. Your case truley sounds like you need a local consumer attorney. Use naca.net to find one. hal
forged credit application
my dealership forged my signature on a credit application. and my car was exported from canada a made in canada market car
canada car
Forging your name is illegal and even a crimminal act. I know in California Canadian cars are usually not legal because of the difference in smog requirements. If you are in CA feel free to contact us to provide more facts. Outside of CA use naca.net to find a local atty. hal
Cosigner Scam
My husband and I went to a dealer to finance a vehicle. We have always paid cash for everything, so we had no credit. The interest rate was going to be high, so the finance manager suggested we get a cosigner. We are in Illinois and my brother in Florida agreed to cosign. The vehicle we wanted was a 2003 Buick Rendezvous. It was listed at $13,995 and they offered us $1500 for our 1994 Isuzu Trooper. They told us there were some forms my brother would have to sign and they would call us to come in to do the paperwork when they had what they needed from him.
My brother got the paperwork and called the dealership because he said the papers looked like he was buying the car. The finance manager assured him that he was just the cosigner. He also pressured my brother and said he only had a couple days to get the papers back or the deal would fall through. My brother signed them and sent them back. The dealer called us about 2 weeks after that and said they needed proof of residence from my brother. My brother sent them what they needed.
A week after that, we got the call that everything was done and we could come in. When we got there, all they had for us were temporary plates. We asked for the contracts and they said that the people who handled that weren't in on Saturday. We asked for our salesman and we were told he no longer worked there.
On Monday I called. The finance person we were told to speak with about our contracts no longer worked there either. I was transferred to the finance manager. I told him that we didn't have any contracts. He informed me that they had already been signed by my brother. They had financed the car to him and we were no where on the papers. I asked him the details because we had no idea who the bank was, how much the payments are, or what the interest rate was, etc... He said the purchase price was $15,995 with $700 for my trade. I stopped him short and said that is not what we agreed. I told him the original deal and said that we were buying the car and not my brother. He said it was too late because my brother had already signed and it wasn't his fault if we were misquoted. I pulled up the web site and our vehicle was still there, listed at the $13,995 we were originally told. I told him I was looking at the car right then on the website and it was listed at $13,995. He said he also wasn't responsible for prices that are incorrect in advertisements. He said for us to come back in a year with proof that we had paid the payments, not my brother, and he would try to refinance it for us. And that better interest rate is 14%!
I am sure that they got around the deal and made some extra money by misrepresenting the documents to my brother and not showing them to us just to get some extra money.
cosighner issue
I have a number of cases similar to yours and I believe you have a strong case. Find a local atty through naca.net I will be glad to help whoever you find with forms from my cases on this subject. Simply put this was a scam and you should take action as should your brother in the same suit. Hal
Either get COSIGNER or Lose Your $2000 Downpayment!!!
In June of this year I recieved a letter stating that I was preapproved for a new car and wether or not I decided to get a car I still won a $1000 online shopping spree courtesy of DarCars Chryler Jeep and Dodge/ Maryland. I then made a decision to try and see if I would get approved for a vehicle instead of buying one off the street since I did have $2000 cash on hand which I could use for a downpayment. I now regret it!
When I arrived I explained to the salesman that I did not have excellent credit and that I would only want a car that was affordable for the income which I recieve from my Veterans Benefits. I only make close to $1400 per month which is all net pay since I live with my relatives. I firmly explained this to the salesman and he told me that he'd take care of me. To make a long story short they told me I was preapproved for $18000 with $1,500 down so to pick a car under that amount and I chose a Dodge Caliber. Although it was good news that I was preapproved I became suspicous because after telling me this, they said that they were having troubles with the bank etc. I then was asked for a cosigner and I told them I didnt have anyone. They kep badgering me and insisting on me calling relatives or friends to cosign for me and I told them that I only wanted a vehicle if they could finance me with only me being under the contract. I then got skeptical and told them that Id rather not get a new vehicle at all since they kept changing the terms. Finally they said if I give them a total of $2000 down, that theyd be able to get me the car. They gave me the vehicle. The exact date was June 13 2007 ....
About a week after the sale I had the a guy in finance calling me saying that they needed a copy of my proof of income, I asked if there was a problem and he stated that someone had messed up on my contract and forgot to make copies of the paper work I brought in on the date of my sale. I faxed them my VA award letter along with my direct deposit information from my bank showing my monthly payments from the VA. After he recieved it he told me everything should be fine. Shortly after, several other sales associates as well as "Finance Managers/Directors" from the dealership were calling me asking me for the same proof of income I faxed in to the first guy that called. I explained to them that I already gave them that information etc that if there was something wrong I could take the car back to avoid further problems. Approx 3 days later I receive another call from the first guy asking me to go to the dealer because they needed me to sign some more papers. This was about 2 weeks after the sale. On June 30th, I ended up showing up at the dealer and they told me that I needed to get a different car and that I couldnt keep the one they initially gave me. They told me I had to get a used one from their lot and they had 3 to choose from a Chevy Cobalt, 2007 Saturn Ion, or a 1995 Mitsubishi Galant. They told me I had been approved for any of those 3 and after convincing me that this was my only option I decided for the Ion. They took the other car from me and had me fill out a new contract. After finalizing the sale I asked if they had everything they needed and they told me that given all the troubles that they had put me through already, I wouldnt have to hear from them again.
Yesterday, August 10th I receive a call from the "Sales Manager" telling me that I had to come in the same day because I needed to sign some papers. I told him what was the problem now since I already had gone through this previously. He got very rude with me and when I asked to speak with the person in charge of the dealership he said he was the person in charge. I called and spoke with the receptionist who refused to give me her name after being denied to speak with a supervisor per my request. I called Dodges Customer Service phone number and had the representative contact the dealer on my behalf. The representative at Dodge said that I needed to go to the dealership because I needed to get a cosigner to be able to keep the latest vehicle they gave me. I called back to the dealership and was transfered to the "Finance Director" and he told me I needed to get a cosigner or give back the vehicle. I told him Id give the vehicle back if theyd give me my $2000 downpayment back because when I made the contract I was approved without a cosigner. He then got very rude over the phone accusing me that I lied about the amount that I made and that the only way I could keep the vehicle was to get a cosigner and that there was no way I was getting my $2000 back from them since I had the vehicle since June 30th. I told him my intentions were to buy the car and not rent it so that I wanted my money back. I told him that on various occasions even with the previous vehicle I was asked to show proof of my income and I showed them my award letter stating that I recieve $1396 per month I did not appreciate being called a liar and that if any mistakes were done with the numbers it had to be done from their end. I asked to speak with the last 2 Finance reps from the first car transaction and the second one and he told me they were fired..I asked if it had anything to do with my contract and he said basically yes..I told him I was going to find out what I could to to protect myself before I went to the dealership again because I suspected fraud and I did not want to end up without my downpayment nor a car. What Should I DO HAL???? This is in the state of MD.
crooks in maryland
Simply put they are outright crooks. Dont give them the car or sighn anything. You need a local atty. Try naca.net They cannot change the deal after 10 days in most states and they cannot keep your money or force you int a new deal. hal
Contact Your Attorney General I Got MY MONEY BACK!!!
After following up with a Lawyer, I was advised that what the dealer did was called a SPOT DELIVERY which they arent supposed to do. Since the dealership was trying to scam me out of my down payment, the lawyer told me that since they were clearly violating the consumer protection laws, to contact my attorney general first to see if they could handle it for me for free before dishing out some more money for his services. I did and the attorney general told me the same thing. They told me to go to the dealership and ask to be MADE WHOLE which means that they have to take back the vehicle and give back my down payment and all contracts between both party are voided as if there wasnt a sale at all. The dealership played games for 5 hours before finally giving me my money back!!!
rewrite
One if they dont honor your contract you can cancel. Depending on what hey said or wrote you may already have that right-for instace if they sent you a letter cancelling the deal. If they have not cancelled they can still honor deal but lose right to cancel after 10 days. hal
Dealer sending notice after 10 days
Hello,
Please help me out with this situation. I haven't been able to find any information to make a sound decision.
I purchased a new car almost a month ago and received a new contract in the mail stating the bank rejected the contract due to a typographical errors and received a notice stating the first contract is no longer valid. I traded in a car which they have already paid off with my lender. It's been well over the 10 day limit.
If I opt out of the deal since it's going really sour, they told me that I have to BUY my trade back.
Is forcing me to Buy my trade back (since they paid off already) legal?
Thank you...
trade issue
what liars. even if they did cancek within 10 days they owe you the payoff or fair market vaue whichever is higher. Is the new contact identical or just fixing typos-let me know. Otherwise this is a done deal and they cant change it. If this is in california let me know if you need help. hal
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