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bad honda transmission.
My sister-in-law bought a certified used car from a dealer. there was a recall/settlement on the vehicle due to repeated problems with it's transmission. 6 months after we purchased the vehicle, the problem started growing and more noticeable. we went to the manufacturer and they told us it's out of warranty coverage. my question is, was the dealer suppose to check for this issue and have the transmission replaced? it's kind of bad having to buy the vehicle and having to replace the transmission only 6 months after purchasing it. (half of the vehicles cost!)
Im located in Antioch
Im located in Antioch California. I want to know if i can get some help. I bought a car at a dealership 4 month and 9 days ago and i have havd nothing but problems wit the car. First, about a week after i bought the car the service ingine light came on it took a week for them to fix it, 2 weeks later the horn went out (till this day they havent fix it) after they fix the ingine the brake lights went out too , also when we got the car back there was a weird noise that the car didnt make before. About 1 month ago the 2 back tires explored in the freeway and when we try to put the emergency light on, the botton was broken. On nov 18 at 1 in the morning when i was coming from work the car broke down on a gas station. I had to call a tow truck which charge me $71 to get it home. Come to find out is the transmission. I talk to the sales person (John) and they dont want to help me at all. I try to talk to the owner but he's never in, i left my phone numer and i still havent heard from him. The sales person gave me a number of a transmission shop (delta transmission) and they told me it would cost about $2500 to fix the transmission, but the person who told me that the dealership should take responsability of the car do to i only had the car for 4 months and 8 days. I honestly dont know what to do i have 37 payments of $293 per month for a car that doesnt work i have to way to get to school and work. Im a full time student at marinello cosmetology school and i work nights at la pinatas resturant normally i dont get home till 3 inthe morning i need a car to get to school and work and now i have no way there i have no money to rent a car and still pay for a car that doesnt work and gas to move around. I dont think is fair what they doin for a car i put $2500 down and will be paying 37 payments of $293 i need help and i would want this dealership (contra costa dealer) to take responsability for saling a bad car and i want people to know about this company so this doesnt happen to no one else. Please help me im desparate.
I bought a car and the trasnmission went out in 4 month!!!!!!
IM located in Antioch California. I want to know if i can get some help. I bought a car at a dealership 4 month and 9 days ago and i have havd nothing but problems wit the car. First, about a week after i bought the car the service ingine light came on it took a week for them to fix it, 2 weeks later the horn went out (till this day they havent fix it) after they fix the ingine the brake lights went out too , also when we got the car back there was a weird noise that the car didnt make before. About 1 month ago the 2 back tires explored in the freeway and when we try to put the emergency light on, the botton was broken. On nov 18 at 1 in the morning when i was coming from work the car broke down on a gas station. I had to call a tow truck which charge me $71 to get it home. Come to find out is the transmission. I talk to the sales person (John) and they dont want to help me at all. I try to talk to the owner but he's never in, i left my phone numer and i still havent heard from him. The sales person gave me a number of a transmission shop (delta transmission) and they told me it would cost about $2500 to fix the transmission, but the person who told me that the dealership should take responsability of the car do to i only had the car for 4 months and 8 days. I honestly dont know what to do i have 37 payments of $293 per month for a car that doesnt work i have to way to get to school and work. Im a full time student at marinello cosmetology school and i work nights at la pinatas resturant normally i dont get home till 3 inthe morning i need a car to get to school and work and now i have no way there i have no money to rent a car and still pay for a car that doesnt work and gas to move around. I dont think is fair what they doin for a car i put $2500 down and will be paying 37 payments of $293 i need help and i would want this dealership (contra costa dealer) to take responsability for saling a bad car and i want people to know about this company so this doesnt happen to no one else. Please help me im desparate.
PLEASE HELP!
Hi! I am located in Louisiana, and I purchased a car about a year ago when it was about 8 months old. Its a 2007 Mazda 3. It was still in warranty and had only 22k miles. I also purchased an extended warranty. I have had several problems with it, and this last time they Mazda dealership (where I did not Purchase) said they actually should do the work as covered under the extended warranty becaue if an inspector came to see about the claim, it would be denied seeing as the car was wrecked..... I had no Idea about this, and seems to be why I have so many problems with it. I tried to trade it in, but they wont give me much on the car because of the wreck. So I will still owe THOUSANDS if I trade it in. Is there anything I can do? I really just want them to buy the car back, seeing as we asked about the cars history....they didnt disclose a wreck.
Not sure what to do.
We live in Washington state.
First I would like to say that it is very difficult trying to buy a car with bad credit. We lost everything including our stocks in the economic mess and our perfect credit is now junk.
So, we go to buy a car with $4000 cash down which I called the dealer in advance and had him run credit and everything as I had toldhim which car we wanted. When we arrived he wanted and additional $500, of course. So we agreed to a post dated check. Took the carhome that night on 11/5.
He said all would be fine. The loan company verified everything and "interviewed" my husband on the phone then declined him saying he did not seem like he wanted the car.
The car company called my husband 6 days after we signed and took possession of the car and said that lender declined the car loan and he needed to come in and sign another contract. When he arrived, they were less friendly and said oh by the way the payments will increase $170 a month even though we took the $1695 warranty off. So my husband signed the contract and they said everything would be fine. Yes they back dated it to 11/5-I just checked.
They called us tonight 11/18 and said the loan company is having a problem approving the loan due to an old account that is showing open (we verified and sent them papers showing the opposite but they dont seem to be accepting them). So I asked for a copy of the bailment agreement because it soundedlike we would be having to return the car and the car company accountant said she would email it to me. Then within 10 minutes I recieved an email that said she did not have the autority to send it.
I told her we did not receive a copy of it and I hope they dont "add to it".
I am not sure what rights I have in returning the vehicle after 13 days? What should we do?
Hi, I'm in Denver
Hi, I'm in Denver Colorado.
Looking to buy a used car and went to the dealership and signed the papers, but did not drive the vehicle home because I didn't have full coverage insurance yet - it's required for the finance.
After coming home, I've been looking over the rates once more and feel that it may be a little too high for me when I take into account how much I have to pay for full coverage insurance.
I immediately went back to the dealer and told them that the interest rate is too high and I'd like to cancel the transaction.
They said I'm not obligated because I didn't drive the car off the lot, but they wanted a few extra days to try to find me a better rate from some other banks.
Is there any risk for me by waiting several days, and if I cancel the transaction even if I signed the papers?
The contract did state something like 'pending approval of credit'
What should I do? Please help.
Thanks!
Bumper falling off
Hi Hal,
On 11/11 I purchased a Certified Used Honda Accord from my local Honda dealership. When I got home, I noticed that the front bumper was not flush on one side. The next day I went back in and asked if they would fix it and they flat out told me no, I purchased the car AS IS. I let it go but today, exactly one week later, my bumper is worse off- it is actually sticking out on one side. Being my new car, I have been extremely carefeul not to hit anything. I was able to push the bumper in but it is obviously not secured properly. Should the dealer in fact be responsible for fixing the bumper or will I have to deal with it on my own?
ANGRY
OK SO IM 21 SINGLE MOTHER OF 2. I GO TO SCHOOL FULL TIME. I GOT A LIVING EXPENSE CHECK SO I CAN GET A CAR. WHICH I DID I BOUGHT A 2000 KIA SEPHIA FROM A GOOD FRIEND AT SCHOOL WHICH HE SAID NOTHING WAS WRONG WITH IT. YET TO FIND OUT EVERYDAY IT OVERHEATED AND 2 WEEKS LATER IT BROKE DOWN. NOW HES SAYING HE CANT DO ANYTHING ABOUT IT! IT THERE ANYTHING I CAN DO TO GET MY MONEY BACK OR SOMEHING???
car dealer pacific honda reneging on trade in van
Hi: we signed our purchase contract Nov 5th to trade in a 2000 odyssey van, and bought the 2010 odyssey van from pacific honda. They took a blind trade in, which we then delivered on Nov 9th. Today, Nov 16th the salesperson called claiming that the trade in has a blown transmission that will cost $1500 to repair. Do they have the right to renege on the purchase contract? If so, can we still return the new car, and get our old one back?
olympicare
I just bought a 2010 ford focus and the dealership signed me up for olympicare what is olympicare and is it some thing i need on a brand new car
My daughter bought a used
My daughter bought a used truck from a used car dealer in sacramento Aug. 2007
She was informed that the truck had not been in any accidents.
Nov. 2009 while trying to get the truck aligned she was informed that the frame was cracked. She then took the truck to a body shop and was told that the frame had been straightened from a previous accident and that it could not be fixed.
The body shop looked it up on carfax where it said that the truck was in an accident in Feb. 2007.
The dealer says he bought it at auction and there was no report when he sold it to my daughter.
On seeing the damage she was told not to drive it as it could break at any time.
She has been driving with my two grandchildren for two years in this death trap.
Can we track this vehicle records and find out who fixed it and did not disclaim it?
Bought car Dealer can't get loan 3 mos. later!!!!
I bought a used 2006 car on Aug. 15th 2009 in Illinois from a used car dealer.
Approx. month and a half later came in to modify the loan and signed new contract.
Now Car dealer trying to get my wife and i a loan and the delaer says we MAY have to return car.
I cannot find a clause in Sale contract stating the contract is contingent on the dealer obtaining financing in my contract.
It is my belief that if the dealer can't get us financed , that the dealer is on the hook now for our loan. Had the car for 3 mos, paid full coverage ins. for 3 mos, ever heard of this??
Wrong price listed...Oooops, SOLD!!!
Hi my name is Denzil and I am from Florida,
My wife and I were on Auto Trader last night and saw a 2008 GMC Yukon XL listed for $21,339 by Century Buick, GMC and Pontiac out of Tampa, FL. We were like WOW, what a GREAT price. My wife called the internet manager this morning and of course he was all excited about the sale. He took her info and told her the price was $31,339 for the vehicle and wanted to know was she still interested because it was available. My wife disputed the price and told him the price it was listed for on Auto Trader. He said it was a mistake. My wife told him that since that is the listed price that is what it needs to be sold for. He said he would have to get back to her. He called back 2 minutes later and said the unit had been sold. Hmmmm!!! I callled and left a message for the general manager, but yet to hear back from him. We printed out the info listed on Auto Trader for the lower price. Is there anything that can be done about this?
Texas Dealer wants to cancel after 10 days.
I bought a used car in texas on or before 5 October 2009, and paid $3000 down,I signed contract and drove off, almost a month later on or before 6 November 2009, the dealer call me and said, the bank did not approve the deal and they need more money down, around $3600, and sign a new contract. I told them I had no more money to put down.
What is there to do?
I purchased a car fro my
I purchased a car fro my daughter in August 2009 and the day we drove the car away from the dealer the check engine light came on. we called the dealer and told him the problem, he said he would look into it. while he was looking into it the car got worse and we had a mechanic look at the car and the suggestion was that the car needed another motor. we discussed the matter with the dealer and he agreed to pay for the other motor. Now it is November and the car sits in the parking lot where he lives, he won't answer our calls or return our calls, and it seems as if he hasnt been to his house in weeks because mail is hanging from his doorknob. So he has our money and the vehicle and won't get in touch with us. What is the best solution to fix this problem?
False advertising and misrepresening re cancellation option.
Hello,
I bought a used 2006 Ford Taurus from a large dealer in Sacramento on 11/11/09. I was attracted to the car because it was advertised on line as a certified car. The car was advertised for $8598. As the transaction progressed I got confused as to whether it was certified or not but bought the car for $7200 before tax etc ( the price I was willing to pay for a certified 2006 Taurus). Once in the finance manager's office, I asked about the cancellation option. I was told that it cost $600. I declined based on the price he quoted me.
The next day it became clear to me that the car was not certified. I went back to the dealer with the printed hardcopy of the ad. The sales manager I dealt with at the time of the purchase was not in but would be in the following day and I was asked to come back then. I did. I spoke with the Sales Manager and he said it was not certified and that the ad was a mistake by their third party advertising service. I asked that they cancel the contract because I thought I was bargaining for a certified car. I gave them a few other options as to what i would accept. I stated that "you still have my business and I would accept switching to another car that is certified or one with less mileage". I also stated that I would consider a more expensive car. The sales manager asked me to come back later that same day so that he could help out and since they were getting more cars in. I agreed, thinking they would allow me to switch cars. When I got back the Sales Manager showed me a certified 2005 Ford Five Hundred SEL with 50000 mile that they wanted close to $18000 for ( I had seen the same car advertised for around $16000 on line earlier). I liked the car and persued the negotiation process hoping I'd end up somewhere around 12000 for the Five Hundred and that they would cancel the contract on the Taurus or give me what I owed on it as a trade in. Instead their offer was $6200! for the Taurus and close to $15000 for the Five Hundred. I countered with cancellation of the taurus contract and 12000 for the Five Hundred. He said they could not do that cause they'd be in the hole and since the fees could not be refunded because that was the State's money. I stated so would I be and declined their final offer.
Once at home I researched the cancellation option guidelines on the DMV website. The applicable section of the code states that a dealer can charge a maximum of $150 for a car with a price of 5000-10000. Today I went back to the dealer a third time and asked them to cancel the contract because of false advertising adn because of the misinformation regarding the cancellation option. I again asked the Finance manager about the price of the cancellation option and he again misinformed me. I told him what the DMV Code says. I also spoke with the Sales Manager again and asked that they cancel the contract because of the false advertising and the misrepresentation regarding the cancellation option. He again stated they could not cancel the contract because of the fees. I stated that I'm sure you can and that I wanted to give them the opportunity to resolve the matter one last time before I persued other venues.
My next step will be to write them a letter asking for a cancellation of the contract. If that does not produce any results I will write a CRLA letter.
Do you think I have a chance of getting them to cancel the contract based on the above facts?
Thanks
Gross Misrepresentation of Vehicle Condition
We purchased a used car at a distance (we're in Colorado, car was in Colorado) after seeing the car online, reading the online descriptions, checking the Carfax and Autocheck records, looking at the photos online and then contacted the car business directly. We talked to one of the salesman at Orange Co Professional Auto Brokers at least two times. We asked very specific questions about the car's condition - any dings, scratches, dents, damage; everything in working order; non-smoking or not; condition of the tires, etc. We were told on the phone the car was in great shape, not smoked in, no damage, everything in working order, tires in very good condition, no scratches/dents, etc.
After several problems getting the vehicle transported (problems caused by them), the vehicle was finally delivered to us two weeks later on 11/11/09. It was in only FAIR condition, not great or excellent as they had claimed. The vehicle has been smoked in (ashes in the trays, well used lighter), the tires are all mismatched which does not meet the safety and mechanical requirements for this 4WD SUV in the owners' manual, there are numerous large scratches and gouges, cracked moldings/bumpers, the heated seats and DVD system do not work, the interior roof fabric is sagging, there is a large dent in the roof, and the car was not even cleaned before delivery. The car was in this condition before it left OCPABI because the exterior damage was documented by the transport driver and the salesman signed off on it. Even the factory parking sensors were ripped off the back bumper but no disclosure of this factory part being missing or removed. The online written description called it "quite a car" and the photos were taken at a distance to obscure detail (hence the reason we asked the detailed questions on the phone). We have asked for OCPABI to come pick up the vehicle at their expense and return our money to us, noting we would retain insurance on the vehicle, not drive it, keep it parked off street, and cooperate with their transporter. They said no and offered us a couple hundred bucks and said it's a used car and this was normal wear and tear. I think that assessment should be up the customer (us), but unfortunately we were given false information by OCPABI staff. We feel we have been defrauded by them grossly misrepresenting the vehicle. But they are trying to hide behind California law saying we didn't opt for the cooling off period. However, when they sent the paperwork that form was pre-checked for "no cooling off" period, which we thought was what had to accept. We are not just "changing our minds". If we were provided true information and not lies about the vehicle's condition, especially the smoking issue, the mismatched tires, and the non-working features not mention the damage on the vehicle we would have never bought it. This company touts itself as an online power seller, selling to many customers who do not see the product first hand (hence relying on them to accurately describe and display the vehicle). They claim they sell excellent cars, that they work hard "finding great cars" but this only rated a "fair" when we tested it through the Kelly Blue Book "condition check". OCPABI claims a starting retail price based on excellent, which assumes they have reconditioned the vehicle and it's "like new". It's far from that and they never disclosed any of this information to us. They gave us false information by which we made what we thought was an informed decision. We sent a detailed letter with our request, including detailed photos, on 11/12/09. They sent us a dismissive letter on 11/13/09 saying they met the letter the law, too bad, it's fine mechanically and safety-wide. Given the situation with the tires, it isn't fine safety-wise. We would to know if we have any type of consumer fraud case, and or what our options are. Thank you.
Kristin and Ryan Bennett
Trade In Issues
I leased a new Lexus back on Sept. 26. I traded in a 2007 Acura. They gave me $22,000 trade-in value for the car. The payoff was approximately $20,200. At no time did they ever ask me if the car had ever been in an accident or had body work. Now, almost 2 months later they are calling me stating that the car has obviously been in an accident and has frame damage and that it is not worth the trade-in value given to me. That it is only worth $15,000 and I am responsible for the $7,000 diffference in value. They stated that I signed paperwork that said to the best of my knowledge the car was never in an accident and had never had bodywork. I do not remember signing these papers because it would have jarred my memory that in fact I had had work done on the car and would have disclaimed that. I dont have copies of these papers either. I have gone through all of my paperwork. I asked them why they didn't do a full inspection while I was at the dealership and they said they don't do that right away that they take the customers word for it. My questions are. 1. if I did sign these papers, am I responsible for whatever amount they say it is worth? Isn't there a statue of limitations for them to contact me on this? they obcviously paid off my loan on the Acura without doing a full inspection so I couldn't take it back now even if I wanted to. How do I know that in the past 45 days that they have had it that it didn't get damaged on their lot?
Trade in Issues
Ask yourself what the dealer would have done if the situation was the revers. I doubt they would have voluntarly forked over the 7000 to you! Most likely they would have made you go through litigation. Let them put up a fight.
Used Infiniti
Yesterday, 11/13, I picked up my 2007 Infiniti G35 from Sawgrass Infiniti in Tamarac, Florida. After about a week of negotiations, I agreed to purchase the vehicle. During the negotiation process, I requested information on the vehicle history. The CarFax history was clean but it did show "commercial lease". I asked the dealer several times, verbally and written, if this meant the car had been a loaner/demo. Each time, the answer was no. Upon inspecting the car at home, I found in the glove box the original window sticker with the word "LOANER" plastered across it in large letters. I do not want a loaner car and am wondering how painful/costly it will be to return the vehicle. Any advice/suggestions would be very appreciated.
Just financed a car from a
Just financed a car from a used car dealer and been going through problems had to take the car back due to car not driving correctly tires off balance knocking under passanger side radio not installed properly. and they will not let us talk to a manager, everyone is salesmen that we talk to also wont give information about car history accidents etc. can I sue in small claims court and get my price I financed for lowered? Also charged $2k more than what the advertised price was said that was because of financing. what can I do?
Should I be stressed?
Hey Hal, Thank you for building this site--very informative and useful! I purchased an '05 Altima on October 15, 2009 in the state of Colorado (from a very reputable "Select Certified" dealership). I had been sans an auto for over 2 years as I worked hard to get rid of debt/ rebuild my credit....this was the first time I hadn't owned a vehicle in my entire driving life. Needless to say, it was a very humbling and life-altering experience.
After receiving a 710 credit score, saving up for a decent down payment, and coming to the figurative end-of-my-rope in terms of being able to survive without a vehicle, I felt ready to buy. After test-driving/researching many vehicles, the Altima seemed affordable, and I fell in love with it. The dealership informed me that I'd have no problem securing a loan, and I drove away with the car.
I am still in love with this car, and it has already begun to help me in taking the next steps o' life. My question is this; Within the first two weeks of the "sale", I'd received four letters from creditors telling me that my application had been turned down. I began to stress (although the financier listed on my contract was not among the letter senders), and tried calling my dealership--to no avail. I have not received a payment booklet as of yet, and my first payment is due on November 29, 2009.
Although I've called the financing agent several times, he never seems to be in the office, and I have not heard a word from the dealership on information the financiers may need, or informing me that I need to return the car. And, I have received a registration postcard from the DMV w/ my title number(does this mean the title already belongs to a purchase company?). To be honest, if I cannot keep this car, I will be devastated. It will almost be worse than if I'd never been allowed to purchase it in the first place. A whiny sob story, I realize, but until I receive a payment booklet, my fears cannot be assuaged.
The financing agent told me that my credit was "stellar". However, I have not made any large purchases in quite some time (all of my bills are in my name, however), & wonder if the "turn down" letters are par for the course? As I have not been able to contact my financing agent, I need to know if my fears are valid, and, if there is a "ten day" window in Colorado which would make the contract I signed binding. I'm getting an ulcer:-)! Please impart any wisdom that you may have on the matter. Thanks
new vehicle
Purchased a 2009 vehicle in July. At the time of the sale dealership wanted $2000 down. Did not have the downpayment at that time. Dealership told me to post date a check for end of month but told me that the bank would contact me and ask if I made a downpayment and if so when. I was told to say day of purchase. I did say this but thought about it later and cancelled payment on the check. It wasn't until now November the dealership called me about the check. They lied again and said they had been trying to reach me but I received no letter or phone call or message. The dealership has my email, cell phone and work number and of course address. When their credit person called she said they would legally get their money. Should I call the bank or should I just pay the dealership. It has been 4 months, why would they lie? I keep waiting for a lawyer to contact me but it's been two weeks and no one has contacted me yet.
car repossession
My name is Michelle Mitchell, I live in Georiga. I'm one month behind on my car payment .I recieved a notice stating i have until November 15,2009 to pay my payment or they will repo it. Can they repo it before that date.
They usually don't repo your
They usually don't repo your car until you're 75 days past due on your account. If you call the bank & explain why you're late and when you can make the payment they are pretty good about working with you. It costs the bank more to repo your car.
Car repossesse even though I have a clean title and owe nothing.
I returned home today to find my Jeep Wrangler missing, I called the cops and was told it was repossessed. I have a clear Fla. title with no lienholders on it, I paid cash for the jeep over a year ago. It was bought through a ebay auction. I have contacted the repo and finace company with no answers today. I am just confused how my jeep could be taken even though it is a clean title.
Return of a vehicle
I just purchased a new Honda Accord and used my old vehicle as trade. I also wrote a check for down payment that will not be cashed until 30 days. My financial situation recently changed in the past 10 days. I can no longer afford to keep the car. Can I return the car and get my old vehicle back? What are my options?
car fraud
I bought a car one week ago from a private owner. They told me that it passed smog and I thought it was fine because it had current registration. When I went to the DMV they told me the smog had expired and needed to be re-done. When I took it to get it smogged they told me it was so bad that there was no way it had passed in the last 6 months unless it was done illegally. I was also told that it is illegal to sell a car without it having current smog certification so I tried contacting the owner to tell them that they needed to smog it. When I called they answered, hung up when I told them it was me, and ignored the rest of my calls. Is there anything I can do to either get my money back for the car and give them the car back? Or have them pay for the repairs and the smog?
Car loan falling through.
Hello, I am located in Yuba City, California. My husband and I have recently purchased an SUV from a dealership in Roseville that is now causing me to have anxiety issues! We purchased the car on October 27. 09 and currently still have it. The perplexing situation begins when on Friday evening Nov. 6 a manager calls from the dealership and asks if I have a job (the loan is solely in my husband's name) and then tells my husband that he just had our contract file with a post-it note on his desk with the question if the spouse has a job; and that he doesn't know exactly why they need to know- he would find out some information and call us back. I got worried that perhaps it would be because of the loan so I searched online and found information in regards to the seller's 10 policy for canceling the contract if they could not secure a loan. Yesterday (nov. 9) my husband called the dealership directly because we noticed that our trade in car loan has not been paid off; we are concerned because a payment is due on Nov. 15. The financing guy stated "oh yeah, we paid your carloan off yesterday- I have the payoff on my desk". We were relieved to hear that, but our loan statues online did not show that any payment had been made. I had my husband call him back in order to get the mailing address to send our new car payment to since the contract only showed the amount, the payment due date and the Sullivan dealership name. The finance guy was like hold on let me check on the cpu... low and behold he noticed that our trade-in has NOT been paid off, and then he states that he has no idea why- he will get back to us tomm. So today(Nov. 10) he calls my husband and states that the reason the trade-in has not been paid off is because they (the dealership) can't find anyone to buy the loan at the term which the contract states- 84 months. He was going to see what he could do and call us back. My question here is what should we do in regards to the loan? Legally because we have not received any written notice in regards to them not being able to secure a loan or canceling the contract, the contract we have is legally binding- correct? What do we say to them if they try to change the contract around on us? We are extremely worried about the trade in payoff. We are a young active duty military family and would not like to have a detrimental mark on my husband's credit due to their negligence. Please advise! Thank you for your time.
Contact 1 800 466 5366. It is
Contact 1 800 466 5366. It is the california lemon law attorneys office. we have just had the same thing happen to us, and after the 10 day period on your contract, the seller becomes the creditor. It should be located in the upper right corner of your yellow loan document sheet.
If they did not tell you that they were unable to find financing, AND demand you return the vehicle as per their 10 day requirement (before the 10 days expired, which in your case would be November 6), you are the owner of the vehicle (according to my own attorney).
Therefore, you would mail your payments to the company whose address appears on the yellow contract sheet. As far as the car you owe on now, they are responsible for paying it off as long as it is in the contract. Call the law office, and talk to them. They do all cases on a contingency basis (meaning no fees paid by the client) and talk to you for free.
YOu have the right to sue them in court, and I am willing to bet they will back down if you file suit. There are thousands of us out there I am finding out by my research online. Educate yourself and fight back. Thats what we are doing.
If you wish to contact me, you can email my address. Good luck to you both
One more thing, in reading
One more thing, in reading the other posts on here i see a consensus that if it is after 10 days the dealer can't change a thing on the contract. This would apply to us- right!?!? We would like to make sure that our payment is made on the new contract but have NO IDEA who to pay!! If they haven't secured a loan it would be to the actual Sullivan dealership, correct? I am so confused and the sheer anxiety seems to be eating away at me!! I do not want anything to happen to our credit! Thanks again....
update...
*Update* My husband called the finance guy back to demand information about our trade-in pay off and the guy stated that he could not answer any questions because he had no answers since they had not found anything out yet in regards to the loan. They have yet to even tell us that they want to cancel the contract; they haven't told us anything in regards to anything and now we have 2 payments totaling over 1000 coming up!!!!
WOW!
Forgive me for all the updates; this is just happening so quickly and I am very troubled! My husband received a call from a finance dept. person who said that they could not finance the roll over amount and the car loan together; and that we need to come up with around $4200 to put down extra. When my husband said that there was no way the guy said that then the contract would be a "wash". When my husband told him that there was going to be no negotiating and that the contract states in black and white that the seller has a 10 day window in order to cancel the contract and we are going on day 15 the guy on the other end of the phone had the AUDACITY to say that they don't participate in that!!!!!!!!!!!!!!! Seriously!?!? It is on the back of their contract and they say they don't PARTICIPATE in it?! When my husband informed him that it was state law the guy said he knew nothing about it being state law and still said that they still don't participate in that! When my husband told him that he had also spoken with the lawyers on base about the issue the guy stated that there was no need to involve lawyers yet and that they were going to juggle numbers around some more. WHAT!!!!!???? what are we supposed to do!!!!
call the 1 800 466 5366
call the 1 800 466 5366 number right away. You own the vehicle,and they do not have the right to try to change anything! You don't have to sign anything else, and they know it. Dont believe anything they say! and don't back down. Just file a lawsuit and sue for punitive damages as well.
Misrepresentation of vehicle sale
Hello,
My husband and I purchased a 2004 Cadillac SRX 9 months ago. We were told repeatedly it was a All Wheel drive and good in snowy conditions. We specifically sat and discussed with him why All wheel was so important and he reinterated it was an All wheel vehicle so we bought it.
We have recently sold it privately. The buyers paid for it three weeks ago and today we heard that they have had troubles with it in the snow so had it checked out. Turns out it is a 2 WD vehicle!!! We are absolutely mortified because we were duped at the dealer. We sold the vehicle privately stating it was an All wheel drive as was sold to us!
Do we have any recourse with the dealership?
used car
i have had my car for some time now, and was getting quotes for new insurance and found out my car had been involved in an accident prior to my purchasing it. what if anything can i do about this, im a fl. resident, and do not know the laws for this. thank you
interesting
is it legal for a delearship to buy your car and whatever is owed after they "estimate the value" to roll into the financing of the new vehicle. so say tour old loan has 8 grand on it. they buy it for 3 then roll the remaining 5 grand into the financing of the new car?
GMC spotted car at 0 percent interest, now wants to "refinance"
The GMC dealership, after checking my credit score (which is 750 plus), GUARANTEED me that, after doing their due dilligence, had secured financing for a brand new GMC Vue. I asked several times if they were "POSITIVE", so there would be no surprises, and they guaranteed me it was a "done deal."
They took my trade in, gave me the new car, and now two weeks later, I got a letter (not from GMC, but "Chase Bank") telling me the financing had not been approved.
Since it's been over ten days since I bought the car, what are my options? Can I hold them to the contract? Or force them to take me to court?
Also the "warranty" given me, on reading it, is not as comprehensive as promised. Can I, in writing, state what was bargained for and demand an amendment to the warranty that gives me the benefit of our bargain!!
Thanks so much. I need to act quickly!
Fraudulent selling practice
I replied to an email ad that stated they could get financing for new or used vehicles, good or bad credit. My credit is not perfect & the car I had was "re-bought" by GMC thru the CA Lemon Law. I completed an application and received a response from a man claiming to be the Operations Manager at The Capital Auto Loan Center. He clearly states he can get financing for any car I want, just come in and he will help locate the car I want and get financing. I told him exactly what I wanted, a GMC Terrain. When I finally scheduled to meet him he informed me he was located "in" the Carl Chevrolet Dealership. I went there and he informed me he could not get financing for a Terrain because of my credit. Then he proceeded to try to sell me a used car at the dealership...which I did not want used. Then he informed me that he does have a bank that has a special financing program for people with bad credit and they would finance me if I bought a new KIA. He lead me to believe I would not be able to get financing for a new car unless it was a KIA. I had no car and felt like I had no options. I bought a new KIA Borrego and I hate it. I contacted him within 3 days telling him I wanted out of this car and I would do whatever it takes. He said there was nothing he could do, it would cost me too much. So I called the bank to ask about this special financing program. The bank stated they do not have a financing program for bad credit and buying a new KIA and they would have financed me for any vehicle. I could have bought the Terrian and been financed thru this bank. This guy misrepresented who he worked for, there is no Capital Auto Loan Center. He is the sales manager at Carl Chev and within 4 wks of my purchase the dealership now is Karl KIA! He mislead me, lied about my financing options and is operating an internet auto loan scam that takes advantage of consumers with poor credit scores. Is there anything I can do to stop his fraudulent selling practices? And, can I get out of this loan because of his misrepresentation, false information and fraudulent practices used to secure my purchase of a car at their dealership?
bad purchase of a BMW
hi im sean, i purchased a 2004 BMW 745I from this guy 4 14k, deal sounded 2 good 2 b true but since i knew him, we went on wit it. I didnt the car, but i got carfax, pictures, he sad its in a lot in Atlantic city, NJ. the car was suppose 2 get shipped out after my ckeck clears out which was a pre-approved loan. And it was suppose 2 take from 7-10 days to get the vehicle. Its almost 2 months still not year, dude cut off his phone number, his wife keeps lying 2 me. typed the car VIN # online found out its in a dealership iono South carolina. already making payments on it. the vin # year of the car is already on check. can i claim this vehicle? what can the bank do?
use car
We bought a used car about 2 weeks ago..the dealer told us there were a few problems with the car that he would fix and he also wrote it on the bill of sale... he tells us to bring the car back to have the problem fixed.
We have been there 4 times and he keeps telling us to come back another time. We feel like he is giving us the run around. Is there anything we can do to get our money back or take him to court since he didnt fix the problem.
I also dont think this car will pass inspection. I live in New Jersey.
Thank you
Finance Company Charging a fee
My Husband and I have blemished credit and applied at a local dealership for an auto loan. We were told we were approved but the financed company charges an additional $1200 for the loan on top of their already rediculous finance charge. Is that legal to charge a fee for a loan? We didn't go with the loan, thank god, but I wanted to know if it is even legal. Thanks
Getting back down payment
My name is TC. I'm an Illinois resident and was recently looking to purchase a used vehicle. Found a car dealership and was ready to purchase a 2008 Jeep Liberty. Only thing is, i need a co-signer. Well, I call my friend up and get a co-signer. Was told to come in after a few days. I put $500 down and was told I could take possession of the vehicle. I was to bring my co-signer back on Saturday to fill out the paperwork. Well, the day after taking possession of the vehicle, I noticed by the PM, the gas tank was on half after filling it up. So, the vehicle was going to be sold as is. Talked to my co-signer who states that we should look for another vehicle. We put another $500 down on new vehicle. Give the keys to the dealership and they give the vehicle back to them. Now the dealership will not give me my money back. Can I get my money back from them?
Auto Fraud
A huge dealership in my town as a 2009 Nitro for $600.00 on their web page but a dealer said they don't have to honor that price because it was a mistake, is that true?
Purchase new BMW but did not drive off lot.
I wanted to buy a new BMW series 7. Since my credit was lockup by my wife for security reasons, I signed a purchase agreement but the dealorship would not release the car to me until they verified my credit. I have opened my credit for 30 days but I haven't heard from them. It is day three and I have second thoughts. Do I have to accept the car or can I walk away? Thanks
Walk away from dealership
This dealership is in California. Thanks
I financed a car through
I financed a car through Primus Financial. Apparently, Primus Financial is now owned by Ford Motor Credit Corp. My car was repossessed for failing to make payments. The person who repossessed the vehicle said I had 10 days to make good on the payments and have the car released...which I did. Ford finally gave me the name/location of the auction house who had my vehicle. Only thing is, its in another state. I was told I was on my own for picking up the vehicle, even if it has been taken to an auction house out of state. I explained the circumstances--as I am unable to travel out of state but they have offered no suggestion as to any alternatives. Meanwhile, I am being charged $3.00 a day for storage fees by the auction house in Arizona. Is this legal? I took care of all the charges within the 10 day window I was given to make good on the account.
repo
Sounds very we can review illegal under CA law. What ever state you are in finad an atty who really knows these laws. In CA we can review for you. Our repo expert is Greg Babbitt. 1-800-466-5366.
Vehicle sale fraud by private party owner
I recently purchased a 99 Dodge Ram 1500 truck from a private party owner (a husband and wife couple). I made contact via emails and phone calls. I asked various questions including the following:
1) Are you the first owner?
- The seller answered yes.
2) Has any repair work been performed on the vehicle?
- The seller answered no and that only the regular maintenance has been performed.
3) Has it been in any accidents?
- The owner answered no and that it was a clean vehicle in superb condition.
The owner I bought it from seem truthful and honest. I also inspected the vehicle by looking under the truck and all the way around. I checked the brake pads, and the condition of the timing belt and glanced through some recent service records. I also test drove the truck. Everything seem to be working. So, I bought the truck. It was a first owner vehicle, 73000 miles, and had not been in any major accidents.
Two days later, I was cleaning up a corroded battery terminal and replacing the battery lug, I noticed a loose and dangling negative battery wire that was not bolted down. I looked under the truck to see where it would have been bolted on to the frame of the truck. In turn, I noticed right inside of the front bumper, there was a sticker that says "Remanufactured by Houston Bumpers". I also found a CAPA sticker on another piece of the front bumper. As I investigate further, I also notice one of the bolts that was part of the framework in the front was also just dangling and loose.
Immediately, I performed a Carfax report and I noticed that there had been 2 owners previously. The seller misrepresented himself as the original owner. He also lied about the fact that the truck has not been in an accident. I do not know what the extent of the accident is. I have contacted the seller and confronted him about him being the second owner and he apologized and admitted to the truth. I asked if there was any accidents because I noticed the remanufactured bumper and the seller said that there was no accidents to his knowledge. He also said that if I would like to return the truck, he would be willing to do that.
After performing some research and tracing the CAPA seal, I found the manufacture date of the part. At this same time I also found out that CAPA only certifies parts that are used in automotive collision repairs. By this time, I have gathered enough evidence that indicate the accident would have had to occur only after the part had been manufactured. By comparing it to the time-line of the ownership through CARFAX, I have evidence that the accident occured during the seller's ownership of the vehicle (and not the previous first owner). I called the owner again and told him about the accident and the evidence I had gathered, and he admitted that his son-in-law was involved in an accident and failed to mention it to him. However, his wife was aware of the accident and did not mention it to him either. I told him that I would like to return the truck and he agreed.
Later, I get a nasty email from his wife. It appears that they may be reluctant to take the truck back and return my money.
I have definitely learnt my lesson about obtaining a report on any vehicle regardless on how any person may appear to be (honest/truthful or otherwise). I also have definitely learnt my lesson to inspect the vehicle even more thoroughly than I had already for this truck.
Any help/advice would be greatly appreciated. Thank you.
same issue
Hi
I am in exactly same issue , the only difference is that i have proof of voice recording of the person mentioning wrong ownership as well as no-accidental claims.can you please let me know if you got any relevant information on this.also i wanted to know what would be the sue amounts? thanks a bunch and best of luck...these people need to get a lesson!!
WOW!
well, if you did not inform them you were recording them you cant really do much in court. you have to have things in writing. Also you should have got a CarFax BEFORE you made the purchase, you cant just take some ones word for it.
If they made you sign an AS-IS than can not do much, but you might try to take them to court if you didnt sign an AS-IS, and if you can prove to the Judge that they lied to you you might be able to get your money back plus some!
I know from expernice i am a USED CAR DEALER.
private party sale
Good investigation. You will need to sue in small claims court as no attorneys would take a private party case on contingency.
I apologize that I forgot to
I apologize that I forgot to mention that this is in California.
Hidden finance fees
I'm in Michigan, and have been looking at a 08 Chevy Impala. Was an rental and has 39k miles. The GM dealer/sales rep is quoting a charge of over $2000 and states that the bank is charging the dealer that for financing me (bruised credit). Is this one of those hidden charges that I have been hearing about?
overcharge
A dealer cannot legally pass on Bank charges unless disclosed as a finance charge. Even then I doubt it is legal. Sounds like a scam. hal
Dealer scam # 3
I am currently a victim of scam # 3, the dealership could not get me a loan, at the price they want and the banks have countered offer at lower prices. My loan was originally for about $27,000 and the counter offers have been for 19,000 and about 22,000. They have failed to still give me a loan, they have not yet paid my trade-in vehicle which currently is now in repossesion status. I recently went down to the dealership and they tried to have me sign a letter that they say they sent to me 10 days after the vehicle purchase which I never received. What are my options with going about with this? They said that I can either give the car back, and I get my car back, Or try to find a co-signer. Please let me know if you have any advice. thank you , Also this has been going on since aug. 8th 2009
10 day rule
If they did not cancel in 10 days the car is your but you must make timely payments to the dealer. It is common for them to forge letters. We are filing a lot of these case and if you are in CA can review for you. 1-800-466-5366
Don't know what to do
Bought a car from used car dealership in va beach, a 2 months later the finance company sends back my money,
cardealer says the car is mine, tried calling the finance company back and their phone is disconnected.
Get back from deployment a year later and a new finance company has bought out the one that was
financing my vehicle and knows nothing of my loan what so ever. But can't trade in car because the
old finance company still has a lien on the title. Have now clue how the fix the issue.
ownership issue
You can sue to clear title in your name. Only a few attys do this. Your best bet is still naca.net
Used Car dealer problems
Hi Hal,
Bought a car from Used Car Depot, Inc. in Vista, CA. I am new here in the United States and didn't have my credit line established yet, the dealership was gracious enough to accomodate us and sell us this second hand vehicle knowing that I do not have my credit line established yet since I just started working a month prior to this purchase. When we were dealing with the purchase the main pitch was this will help me establish my credit line since it is a major purchase and that they report this all known credit bureaus, we tried negotiating for the price of the car but still ended up with a $9.5K+ price tag on it and a $2k downpayment.
We tried driving the car around, the pull of the engine was fine though there are some noises were hearing from down-under, we just told ourselves that it might be just the road condition at the time. barely using the car for two weeks, I noticed that the sound from down-under was gettig worse specially on the freeway; I had the car checked by a certified mechanic and was told that the suspension or shock absorbers of the vehicle needed replacement (all three of them).
Tried contacting the dealership & told them of the problem, told me to bring the car in for them to look it up. The first agreed appt. was cancelled by them, told me that they don't have the mechanic ready, short of saying two weeks had past and when I bugged them about it they told me suddenly that their mechanic is ready and that they will look at the vehicle. I brought the vehicle at the dealership that day and when I left some 15 minutes after, I received a call from them and told me this 'William, you know there is a cost attached to this check-up and that our mechanics special price is $45/hr" I was shocked for the charge, and when I disputed it and got angry about it, they said they will call me back. A few minutes after I received a call starting with "Hey William! guess what? you gonna love me for this... We will charge you only $45 for the full day"! I still insisted no & told them that I will just pull-out the vehicle... he then told me that as part of a goodwill on their part, they will charge free?!"
It didn't end there, he said they checked and its only 1 that needed replacement, & goes again his pitch for special, special pricing on parts a& labor, I told him that when I reported the damage the car was barely 2 weeks under me & that they should replace it for free, he then countered that I bough the car "as is" that is why I needed to shoulder all expenses...
Now, came the first monthly payment for the car, was waiting for the billing statement & was told that their company does not issue such and if I we want too there is an additional charge for it???!!! The guy told me that it is my obligation to rember when to pay them & not the otherway around???!!!!!! I did pay them within the precribed time, but when I was looking for my receipt, they said that they will send it to me, but to this writting no receipt.
We recently got a call from an accounting person from their office & told us that the license and registration is already available at their office... My Dad got queried why the DMV sent the registration at their place? when we called them they told us they do registration in bulk and DMV usually sent all communication with them.. My parents went to their office yesterday and found out the following:
1. The accountant told them that no billing or statments are sent out since it requires more cost to them to do just that and if we want it, we will be charged for a day's work for it...
2. The accountant also told us that their company is small and that they are not accredited with any credit reporting bureaus or any of that sort as it will only mean additional expense for them... (Thus goes my dream of having to establish my credit line to drain!!!!!!!!)
3. and that we should not issue post dated checks as it will just be cashed anyway before the date, as there are different workers there and not everyone follows protocol on deposits!!!!!!
Bottomline, so far, I had all four Shocks replaced at SEARS and authenticated that all three needs to be badly replaced (two front & 1 at the back) costs me $500.
The accounting of this firm and their dealings are not of standard business practice and found that my loan is with the dealer and not with any banking institutions and what they are doing is purely misrepresentations.
Clearly, when I returned the car for fluid replacement a week after I purchased it, the suspensions could have been replaced and there is really a grand scheme to let me pay for all the repairs, since they are even offering me payment plans for the repairs et al....
Mind you the rating of this company with the local BBB is a B+, how can that be??? this company does not do a standard accounting procedure the very least and the BBB rates them high?
Hal can I simply return the car and recoup my deposit the least? I just need to buy from somewhere where they report major purchases so a newbie like me can have a fair playing field....
Thank you very much in advance!
All the best! William of San Diego, CA
self financing dealer
You bought from a dealer that does their own financing and it seems this is the only way you could get a vehicle. As is means with all faults. You can beat an as is clause by proving fraud. You can try small claims and I think it is a 50-50- shot. I know of no laws that have been violated requiring sending statements. Sorry but the reality is given your facts I dont think you clukd find an attorney to take your case at present. If you pull a car fax and autocheck.com report and have the car inspected more facts may develop. Given the economy I know of mo attornreys other than myself that will even consider a cse against a small dealer. hal
Can a carlot keep putting a
Can a carlot keep putting a car in my name after someone returns it?
unclear
I dont understand the question. You cannot return a car unless they agree. Its called a voluntary repo and it is very bad to do. hal
lowering payments
Can a buy here pay here dealership rewrite your contract for you and lower your payments, if you can for some reason no longer pay the full agreed payment? Thank you, Tonya in NC
dealer charity? not likely
They can give it to you for free or anything else. They dont have to though. hal
car problems
My Husband and I bought a used car as is 6 months ago from a dealership for $5000 it has left us stranded 2x and now we have $4000 in damages because the timing chain broke. Is there anything we can do or have we just lost $5000 in 6 months? thanks
as is
Unless you can prove fraud-that the defect existed on the day the vehicle was sold and they covered it up-you are probably out of luck. hal
Used Car misrepresentation
I purchased a vehicle from a car lot here in atlanta, GA about 3 yrs ago and from the very beginning of the purchase I had problems with the vehicle and know they are trying to come after me for balance owed on vehicle.It was a 1999 S80 Volvo the first week of the purchase I could not drive the car because it had a gas leak and fumes were all in the car, bald tires, sensor light would not go off. When you step on the gas pedal it would not go. I ask manager and owner if we could get another on lot they told me that would fix everything on the vehicle so for 1 week I could not drive the car they gave me a loaner car which was another death trap. I received the car that I purchased 1 week later only to find out that all problems were not fixed step on gas would no go sensor light still on. Another week went by no vehicle okay 3rd week I may drove the car for 1 week vehicle stopped on me on freeway in rush hour traffic had vehicle towed to volvo dealer to fix contacted dealer and they said that they would come a get the vehicle and fix it. Got another loaner death trap it was just a nightmare so after going round and round finally car drove for all of maybe 1 month before something else went wrong and I refused to make anymore payments they repoed the vehicle by towing it away vehicle was not driveable. I want to know if I can take them to small claims court to get my $1500 and 2 monthly payments of 360 back or has the statue of limitation ran out on this matter.
time limits
Sorry I dont know time limits for GA. California is for years for breech of warranty and three years for fraud. Look up the National Consumer Law Center NCLC and they will most likely give you an answer, hal
fraud or a scam?
I thought I bought a car from a san diego used car dealer but left the lot with a yellow signed contract and no car. Dealer called me and said I was approved and I need to bring paystubs and phone bill then the car was mine with cash downpayment. So of course I go to dealer with paperwork and $4000 cash downpayment. Dealer took cash told me to sign paperwork. After paperwork signed dealer told me breaks need to be replaced and he would replaced them free of charge but I had to leave car with him. Car is a BMW so i'm thinking if I take car to dealer could be costly so I agree to leave car with understanding breaks would be changed in 1 day which I was quoted. Signed papers on a Saturday called dealer on Tuesday and was told I can not take the car until I get call from bank for a welcome interview in which bank should call next day. Of course no call from bank, call dealer back and dealer told me it could take up to 2 weeks before the bank would be done with paper then I could pick up car. Today is day 6 since papers signed call still at dealer ship. I called and said I no longer want the car due to the fact that I was told it could take up to 2 weeks before I can drive it after I signed contract.
Dealer told me I can not get my money back because I signed contract but I never drove car off lot. Is this true? and if not how can I get my money back for the 10 CA law if that would apply to me?
Thanks!!
Scam
Unless dealer did it twice-we already talked and decided how to proceed. hal
Bought a Car w/No License
Hello Hal!
My boyfried just bought a car and he is overwhelmed. He is sorry he did it. We only went to look and ended up driving off with a used 2008 Mazda CX-7. It was a rental previously and had about 26K miles on it. He originally signed the papers on 10/25 but they would not let him drive off the lot, because he did not have auto insurance. He also does not have a license, just a learner's permit (we are California residents). Under the original terms, they financed him at 15.99% interest! but they told him no prob, just go to a credit union, open an account and in 6 months it is possible to refinance the loan and bring down the interest rates significantly (and again suggested that with the second contract). He has been in this country for 2.5 years and has only been employed for 6 months after being a student for most of his stay here. Neither of us knows much about cars, so we were easy suckers with big eyes. They wanted $3500 deposit, and let us put in two checks, one for tomorrow 10/30 in the amount of $2000 and one for 11/15 for the remaining $1500. We had to go out and get insurance, so on the 10/27 we obtained it (the lady said when he passed his driver's test to come back n cancel the policy n get a new one so that the rates come down - it was expensive) and on that night we went in and gave them proof of income and also proof of insurance. In the meantime, my BF had started doing research and was really not liking what happened in terms of the fact that the seller made the car seem like it got better gas mileage than it did and we also found them advertising the car online for about $400 less than they sold it to us for. They had it marked high on the lot and "gave us a good deal, below wholesale" and then we saw the same car online for less than what they gave it to us for! We felt dumb. Anyway, when we went in, they had a new contract for him to sign. They financer took off the difference of the overcharge and also brought the interest rate down to 11.24% but an additional $500 in deposit was required for a full $4000 and that 3rd check is due on 11/25. And on the new contract, they added the "Gap Contract" for an additional $750 which we did no opt for on the 1st contract, but the way she matter of factly had him initial for it didn't even make him blink, so the money we saved pointing out the discrepancy on the website ($100 less than the "great deal" they offered us) which was $400 less on the new contract for the purchase price of the car, was eaten up by the Gap Contract. And, now, looking at both contracts, even though they were signed two days apart, they are both dated 10/25. He is really crazy in the head. He doesn't want this... His appointment for his driving test is tomorrow. We are thinking about rescheduling it next month so he won't be able to get his drivers licensce til then. Can we break this contract if he does not obtain his drivers license and the loan company won't finance him? How does the 10 day rule work in or against our favor? Can you please help us? They are depositing the check for $2000 tomorrow. If they cannot finance this loan, will they give our money back? I'm sure it will be a heck of a fight. And if they come back and say that they need to sign a new contract again because financing is hard, can we then say forget it, we don't want a new contract.. cancel it - here's your car and give us our money back?? Can they hold off until he gets his drivers license? For how long? Your answer asap will be most appreciated as we are on a serious time constraint now!! :(
Thanks in advance,
Theresi P.
Sounds illegal
By backdating the contract the entire deal is probably illega. Call me if you want to go over this or better yet send me the paperwork. aurofraudlegalcenter.com
No proof of maintenance
Also, we asked for proof of maintenance and they wouldn't provide it since it was a rental and so said it's not available due to privacy issues.
And also, the courtesy ride to pick up our car was terrifying!!
And!!! OMG!! The carsalesman that picked us up was crazy! He got us from our house to take us up to the dealership so we could pick up our car etc., and when we got in the car, the car smelled so bad!! Like serious Marijuana!! and also later that night, he came into the office briefly to hand something to the finance girl and he smelled like fresh Marijuana smoke again! I know this is not significant to our case, but we were really scared with him driving us because he was beyond reckless! Tailgating, running red lights, cutting in and out of traffic so fast and dangerously, driving off the side of the road to bypass people in the onramp, running a red light! Me and my daughter were in the back seat and we were nauseous! It was so bad, I taped 10 minutes of the hell ride on my iPhone because I coulnd't believe the danger he was putting us in!! It was the scariest ride I have ever had in my whole life and I have never ever in all my years experienced anyone driving that reckless and dangerous and especially being responsible for 3 strangers! Who are none-the-less coming to your company to give away 30K of their hard earned savings!! I was so mad! Beyond acceptable!
Sorry ... i'm writing again...
I'm reading through the scams and it seems like we got hit by every one..lol... our new contract was backdated (both contracts say 10/25 and the debt cancellation addendum was also backdated to the 25th). Our checks were deferred, but not documented or itemized anywhere, only a note writting in the reciept book on each reciept for each individual check on when to deposit the checks (and the receipts are not dated - and also, I forgot what date we put on the checks, since it's illegal in California to write post-dated checks, we had to date them all for that day even though they were deferred. So originally they were all dated for 10/25. But that day my BF did not have his checks on him so I wrote them. But they let us know later that we had to bring in checks with my BFs name on it instead and we did on 10/27. He signed them and I took them in and I filled in the info there at the dealership and I can't remember what date she had me put on the check, if it was 10/25 or 10/27 - which it was the 27th when he signed them/I turned them in). The single document rule was violated. We signed additional papers. Ya and she snuck in the Gap Contract on the second contract that wasn't on the first. My BF's driving test is today. He is thinking about "accidently" missing it. So he won't get his license. And his learner's permit expires on 11/06, just a week away. He doesn't know if they actually got financing for him or not, or if they are going to call, like what has happened to previous buyers I have seen here on the forum, at a later date, unexpected and tell us to come in and sign another contract. If he does not have a license, we are figuring that no one will finance him. So we can get out that way. But if he's already financed, then it's our tough luck. We want to take the chance and let his license slip away, but we are worried, what if it backfires? If it doesn't work, he won't be able to have insurance, so can't drive. I can drive, I'm insured for the vehicle, and we can just start the whole licensing thing all over again for him...
Wish I could just edit and add info instead of posting again..
Sorry to be a nag, anyway, our deferred payments were not itemized on our contract. (3 payments total) but our "deposit" was entered on line 6 (g). 6 = Total Downpayments, Line (g) = Cash - $4000.00.
Ohhh.. and the nightmare begins...
My boyfriend was able to reschedule his driving test for 11/21, but his learner's permit still expires on 11/06. So he cannot drive for about 3 weeks at all. He can pay an additional fee to get his LP extended and he will have to retake the written test. I am talking to him about this, but right now he is really stressed. To add to the pile, I just checked his bank account. At the dealership, I turned in 3 checks. Check #1 was made out in the amount of $2000.00 and it was agreed that it would be deposited on October 30th. (Yesterday). She said don't worry, cause it probably won't post til Monday.. cause we are still scrambling for the money, but it was his payday anyway. Check #2 was made out in the amount of $1500.00 and it was agreed that it would be deposited on November 15th. (They gave us 21 days from the date of the contract to put the second half of the deposit down - according to the first contract signing) and Check #3 was made out in the amount of $500.00 and it was agreed that it would be deposited on November 23rd. (the third check was cuz they raised our deposit amount on the 2nd contract, and they wanted the additional $500 they were adding in to also be paid on the 15th added to the $1500 for a total payment of $2000.00 on the 15th and we told her we couldn't possibly do it, please give us an additional week for that, so she agreed).
I just woke up, it's Saturday 10/31 and I just checked my Boyfriends bank account and he has a non-sufficient funds returned fee! I couldn't believe it! #1) she told us that is she deposited it on Friday (check # 1 for $2000.00 as agreed) it would not post 'til Monday. And #2) It would have cleared anyway, because there was sufficient funds!! So I was perplexed!! What the Hell!! I looked deeper and it turns out that they deposited check #2 in the amount of $1500.00 on 10/29!! That check was supposed to be deposited on 11/15! And NO check was supposed to be deposited 'til 10/30! So now we have a $35.00 for a bounced check from our bank account, and they are going to come at us saying whatever they're gonna say about our payment not being good!! My boyfriend is going crazy, and is distraught... He's sleeping now and I am not looking forward to explaining this to him and calming him down. He is not sleeping anymore... what a nightmare...
i traded in my old car for a
i traded in my old car for a used car nov 08, the bank contacted me oct 09 saying that the dealer never sent over the pink slip for my new car? so how could a dealer sell me a car with no pink slips?
no title
Its illegal to sell a car without title but many dealers do. Has the car been registered to you yet? hal
traded in vehicle got towed
I traded in my vehicle in july to a dealership for a newer car. October I recieved a towing and impound notice for the other car in another county in the state of wyoming. The information was still in my name such as the license number. I may be liable for the towing and impound fees! Help, I didnt realize a dealership could let this happen, sell it to another person and I get stuck with all these costs in addition to what it takes to pay off a newer $10,000 car.
dealer responsible
Notify the dealer in writing of what happened. File a complaint with the DMV and get the dealers bond information and file a claim with the bond/ This will get their attention. hal
Deposit return California
I gave a dealer a $1K deposit on a car, he claimed was fully refundable. I asked for it back and they refuse to return my calls or my money. No contract was signed. I am disputing with my cc company. What else do I need to know or do?
kept deposit
Complain in writing. File a complaint with the DMV and get dealers bond info-then file a claim ofn the bond. hal
Used Auto dealership scam, and am 8 months pregnant !! How could
I am 8 months pregnant and bought a 2006 ford expedition, with 140k miles !! i know your thinking am crazy but i purchased a 150k mile warranty before i signed the contract, and it covered engine and transmission. But little did i know a week later the engine light came on, the windshield light came on, my converter was gone. also the dealership said they could not find the guy who sold me the warranty so there for he will fix the problem but after that am on my own, he backdated my contract, i put $3400.00 down and he said the kelly blue book value was 17k for the truck i told him no it's 14k. he told me to tell the bank to fix my truck. He also charged me for things the truck did not have and financed a third roll a/c and some other things verified though the bank. i have a two year old son single parent self employed and one on the way i feel so used and hurt that now the bank nor the dealership will help me it's so much more to this story i cant even type it all. Dose anyone have any advice ??? please
unclear story
If you are in CA I will look over the case for free. Otherwise use naca.net to find a local atty
car dealership lied about my car being in an accident
Sorry...forgot to put that I live in California.
Thanks again,,,,Ripped off Consumer:o(
car dealership lied about my vehicle being in an accident
On 10/7/09 I purchased a 2008 toyota sienna from a dealership that was once a rental car. This bit of info was fine, but yesterday I took my van to a mechanic because I thought I was hearing a strange noise, I they advised me that my van was in a car accident and showed me the damages.
I asked the salesman, over the phone, if the vehicle ever got into a car accident and he said NO, on 2 seperate occasions. Then when we got there we dealt with another salesman and he said the same thing and then he gave me a carfax that was printed the day before which also confirmed that the vehicle wasn't in any kind of accident.
I'm pretty upset right about now! They didn't want to give me any type of discount off their internet price, and then they straight lied to me on 3 different occasions. That's just shady!
Is there anything that I can do?
Thank you...Ripped off Comsumer:o(
prior accident
If the accident damage is significant, I feel you would then have a strong case to make the dealer buy back the car. You can click on my firm name or picture for contact info. Hal
Demo Car sold as new
Hi Hal,
I recently purchased a new VW Jetta in Maryland. The car was sold as new, however it had about 700 miles on it. When I
inquired about this, they said that it was not a demo but had just been used a lot for test drives. After I got the car home
I received a call from the finance guy saying that he had forgotten to get me to sign something and that he was going to
overnight it to me. The document he sent me was a "Maryland Demonstrator Disclosure" saying that the car was a demo car,
that federal law required a "Buyer's Guide" to be attached to the side window of this vehicle and that I had the right to have
it inspected prior to purchase. Obviously, I had never seen this document before and there was nothing attached to the side
window of the vehicle other than the standard MSRP sticker. I like the vehicle, but wonder if I have any recourse with the
dealer - partial refund, etc?
THANKS!!!
no disclosure.
In CA and most states you can cancel the deal. You therefore have leverage to negotiate. hal
dodge 2006
i bought a used dodge charger 2006, im deploying soon to afghanistan and i rather just turn in my car now because it wont be used for a long time and i just think buying it was a mistake. i want to sell/turn it in without damaging my credit, i dont really know much about this type of process. Hal, can you please give me choices or tell me what i can do to turn in my vehicle, i live in North Carolina. Any information will be great, i just have no idea how to get rid of this car.
dodge 2006
Boy, I wish my son saw your post. He just got railroaded into purchasing a 2009 charger from one of those vultures outside the base. He too is in the corp and fell for all the dealer's schmoozing. Now he's on the hook for 6 years, 15.99% and $460 a month payment!!
He's a freaking E2! Add the $280 month insurance and you get the picture. He called me yesterday nearly in tears that he made a huge mistake. I have been researching since and have found no recourse for him to get out of it. He'll go to legal today and inquire, but I seriously doubt there's anything he can do since there is no 72 hour cooling off period.
What really gets me is that he had a beautiful 98 Explorer XLT with only 105k miles on it. It needed an exhaust but that's it and he let them have it for what he owed ($1300).
Anyway, take Hal's advice and try to sell it on your own, (craigslist, ebay, local papers, bulletin board). You're going to take a hit, but it won't be as bad as it will when you look back three years or so. Good Luck.
no good way
You cant just turn it in because thats a repo. Idont know but on base legal can tell you if you can defer payments. You can sell it but you must pay the entire balance. hal
Is it a deal if I signed the vehicle order but did not take car?
I am a female car buyer and did not have all my research together when I went to the dealer. They were looking at me like hungry wolves, and I think I have been rotisserried. I even returned with a friend, but I learned something, don't just take a man, take a man that KNOWS something about car dealing. I read a book long ago that said as long as I did not take delivery and drive away with the vehicle it was not a deal. The car is used. Now I am reading that this does apply to used car sales or new car sales? It is up to the dealer to let me out. I do want a car, but I think I want a new car now from a different auto maker. Also the numbers weren't right on the deal, but in my mind I wasn't concerned thinking that as long as I didn't take the car I was okay to back out. Now I'm reading that I can't unless the dealer lets me out? Aw shucks. So hey, am I really finished with this? Do I have to take this car now if I signed but didn't take it yet? I went Saturday and today is Tuesday. I sent a fax and email to document my request to cancel Monday.
The car aint sold till the metal hits the road
Under CA law the deal is not completed untill you take delivery or pay in full. hal
GMC 60 day not guranteed
I have recently bought a vehicle on sept 14 2009, and now i want to return the vehilce. This is how it all went down. we backdated contract to the 9 of sept but took posession of vehilce on the 14 which then the contracts were signed but backdated to the 9. On the 9th of sept was when the whole process started on buying a yukon.we told them what we wanted and they brought us a differnent vehicle. SO we then walked the line and found the one we asked for. They changed the the vin numbers on the contract and placed the other vehilce. We took the vehicle home and the next day they say that the bank did not approve us after all on that vehilce. so we were like ok. They worked it for us and brought us another vehicle from another dealership which was the monday of the gmc 60 day guaranteee. While we were signing the papers the dates on there were from the 9, They told us to go ahead and fill them out. we denied the 500 rebate and wanted the 60 day guranteee just in case. Now that we have recently found out that the wife is pregant the yukon is not big enough, so we decided to do the 60 day gurantee and get a bigger vehilce. We called the gmc in austin and asked them what documnets we needed. they said we did not qualify cause our contracts were dated the 9 not the 14. they had backdated the contracts and we stilled signed. them. they are not willing to work with us. they called us and told us we can trade the yukon on if we wanted but not the 60 day gurantee. the yukon has 2,000 miles on it and they were giving us 37000 for a 54000 dollar car that we have had for lessthan month. i am seeking advice on what to do next. i was even willing to go with them to find another vehicle bigger but they are just not cooperating with us.
GM 60 day Guarantee Scam
The GM 60-day Guarantee is a total scam! We are trying to return a Malibu and have been told that we are not eligible for the return due to a scraped wheel, estimated by GM’s inspector to be over $200 damage. How many people who drive a car for 30 days are not going to get a parking lot ding, scrape a high curb, or get dinged from kicked-up gravel? Practically any ding is going to be estimated over $200 damage!! GM is banking on this. Why do think that the car must be kept for 30 days? No wonder such a small percentage of cars have been returned. According to the contract, GM is the one who decides if the car is eligible for return. Don’t fall for this deal! Buy a Honda!
backdating
In CA backdating is illegal and should get you out of the deal. I cant say for all other states. In CA I can help you. Otherwise try naca.net but very few attorneys in the country have a clue about this. hal
Rewritten Contract
My in-laws bought a used car, which they are going through a 3rd contract. After reading this information this all brings back my 1st time buyer whereas the dealer would call back and redo a contract. Now that it's happening again w/ my in-laws this just really upsets me that dealer are still doing the old trick. Now with my question and the situation, after the first deal was redone (signed on the 10th day), and now they are saying banks are still not approving the loan, my in-laws decided to remove the extended warranty, but the fin. mngr said the price of the car will go up to the amount the bank approved them. Is this a legit answer from the Fin. Mngr? They can still run another approval from the bank with lower price (minus the ext warranty) right? Because if they can lower the price of the car that means they are willing to let go of the car with the range, and I know that warranty makes them some extra spiff. Can the dealer say they cannot run another application to the bank?
Or this whole 3rd contract is even a messier situation?
dealer lies
They cant make you get a service contract or even sign another contract. Sounds like a mess. You can cancel sewrvice contract within sixty days for a full refdund but it goes to pay the loan. hal
Used car overheats on trip home from dealer
I bought used car today - 9 years old Corvette with 75,000 miles. Car is in very good condition and didnt show any problems while test driven in 90F heat for 5 miles trip. On the way home (approx. 15 miles down the road) after the deal was done at dealership the car suddenly overheated and I had to pull over. I called dealer and they sent tow truck to pull the car back to their shop.
I have 30 day warranty from dealer covering engine and powertrain dealer but didnt purchase separate "3 day return policy" they offered for $500.
As this happened right after buying the car I'd like to know if I should start preparing for the worse --> the engine being broken etc. and dealer not cooperating with fixing the problem. So far I have liked their quick response to tow the car and come help me on the road but I have read about some horror stories and would like to cover all the bases.
I'd rather return the car and call off the deal as this problem must have been in the engine prior of me buying the car.
State where this happened is CA.
need more info
Run a carfax and autocheck.com report. If dealer fixes it-take the vehicle right to a mechanic for a full diagnosis. Once you have this info I can tell you if you can return the vehicle under what is called an implied warranty. hal
Unaware of the advertised price
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I purchased a used 2007 Silverado Chevrolet last night Saturday 10/24/09 from Antioch Chrysler Jeep Dodge in Antioch, CA for the amount of $23,600 plus tax, fees, license, etc. the amount totaled to $26,026. They took my 2001 C240 Mercedes Benz as a down payment for $2,500 and remaining amount to finance is $23,526. I came home and went to craigslist and found the truck advertised only for $18,990. I tried calling the sales rep that sold me the vehicle but no response. Can I return the vehicle since it wasn't even 24 hours from the purchase time?
Advertised price
Im CA it is illegal to sell over advertised price, even if the purchases does not know of the ad. No case yet has said do you get the difference back or can cancel. The first thing to do is put in writing whatr happened and set a deadline for them to do what you want buy it back or credit the difference. You should also file a complaint with the DMV. If this does not work contact me for a free review and yes keep the ad or contact another atty. hal
Hi Hal, i just bought a
Hi Hal,
i just bought a 2003 tahoe. i traded my 2005 neon it for it. the salesman told me thatmy payments would be $385 a month. we signed all of the paperwork and i left to go and pick up the check from the bank. now here is my problem the salesmanput me down for getting $25000 with a rate of 5.2 but the bank only approved me for $21000 with a rate of 13.75. now my payments have went from $385 to $439 a month. i told the salesman that he needed to void the everything out and take their car back and i would take my and that they needed to give me the check back as well. they told me that is was out of their hands and they couldnt do anything and my check was already deposeded. another salesman told me that i had sign a promissory note saying that i would pay they rest of what i owe but i told him that, that was sign before i had picked up the check and i had signed that because of the $385 payment agreement that we had. he said that he wasnt going to take the car back and if i wanted to sit down and talk about how i was going to pay the remaning balance we could or they would just su me becuase either way they were going to get their money. what am i supost to do?
hi again
hi hal, i wrote about the tahoe. and i was wondering if there was anything that i could possable do. please let me know. thank you courtney.
financing unavailable after purchase of car help?
Hi Hal:
Thank you for assisting me in this matter. My boyfriend purchased a used car in the state of california. He filled out the lengthy purchase contract, along with another document called a contract cancellation option (refuse or unavailable) he initialed the one they told him to which states that by signing this he cannot return the car, this was also stated verbally by the dealership salesman. Last document to be signed,proof of insurance. The dealer called several days later to say that the financing had not been approved. My boyfriend had an outstanding car loan of 2,000 after his car was totaled. The finance company wanted this to be paid prior to financing the deal. My boyfriend has had the car for eleven days now. They called on the tenth day to say he has to come back to the delership to fill out new paperwork with another lender as he did not get approved by the first one. He put down 3,000 as a deposit and now has been driving the car for 12 days. What is our option, we feel like something fishy is going on. Does he own the car? should he re-sign a new contract? If he keeps the car where should he send his payments? HELP any information is great..cathryn in california
10 day rule
A dealer has ten days to cancel a contract if they cannot find financing. So the key here is did they actually cancel. Frankly trhe outstanding loan sounds legit. They cannot make him sign a new deal and if returned he gets all his money back. I am unclear if they did cancel within the ten days. hal
Bought A Used Car, Need to Know what to do if anything...
I bought a 2006 Nissan at a Nissan dealer. This happened on October 8, 2009. Have all the paperwork that I signed including what my monthly payments would be, how long, etc. The finance manager even told me, he was assuming this was a way for me to get credit, since the finance % was so high and that I should try and pay it off earlier, so I wouldn't pay so much in the long run. Long story short when I was at the dealership the sales manager told me I needed to sign an "I owe" statement and come in with a down payment at a later date, I told him I could but it could only do $500 after I got paid. He also told me that this was a deal between he and I. Then the original sales person took me to the finance guy at another dealership to sign all the paperwork, which I still have. I didn't make the $500 payment to the sales Manager as he requested and (mostly because I needed to wait until the end of the month), and he sent a repo guy to my house on the October 23, 2009 to pick up the car stating that I never financed the car.
Is there anything I can do, legally?
Please Advise.
Thank You,
Mayra in Illinois
one document rule
By law all terms and conditions must be in one document. It sounds like the dealer acted illegally. Use naca.net to find a local atty. Hal
One Document Rule.
Thank you Hal!
I thought this was the case, but I did need to make sure.
Again, thank you!
Mayra
Consumer Fraud signature on sales contract
A friend of mine Donald Foster has a son who had asked him a few years ago if Donald his dad would co-sign for a motorcycle for him. Donald told him Yea i guess so. Because his son was working at the time. The next thing he knew his son drove over to his house on a new motorcycle. Donald never went to the dealsership never signed a sales contract. His son moved to Sacramento and took the bike, failed to make his payments, so in January Donald received court papers stating he was being sued for non payment on the motorcycle. Now his wages are being garnished, because he didn't go into court to prove he never signed any sales contract and the court papers are stating all these false acqusations regarding this as well. He finally got a hold of his son who told him he never signed a sales contract either. The sales person signed Donalds name on this contract how can he reverse the courts decision when he can prove the signatures isn't his and the court documents are ststing lies he can prove?
does he care
He did not care enough to fight the case or to write. It will be difficult. If they won in small claims court he can still sue.If it is not in small claims court he needs to file papers which are much easier if filed within 6 months. There is no good answer and most if not every attorney will charge hourly. His best hope is if it is a small claims judegement. Hal
Used car from the Dealership
I bought a used 2005 high performance vehicle in march 2009. I was told that the car is clean and never involved in any accident by the salesman. so having good faith in him( i know i know..) i bought the car. Recently i realized the ride height was different from left to right, look thru carfax and it had 13 records. I'll soon find out what they are but what type of laws are there to protect honest yet careless buyer like me?
I'm from Northern California, car was also bougth thru one of the well known dealerships around here.
please help me with your experties.. Thank you.
Sincerely,
car fax
How many entries does not matter. Whatr they are matters. If you think their has been a prior accident go to a body shop and find out along with getting a report. If the damages are significant you probably have a case. Let me know. Hal
I was told to return to the
I was told to return to the dealership because the loan has been approved after not being able to find one for more than a week and they wanted me to return to sign a new contract, saying that the loan would have been shorter and "cheaper"- however they would not be able to share the financial information over the phone. Is the 10-day rule apply to Arizona as well? I found this somewhat fishy.
10 day rule
Read the back of the contract. If it has a ten day cancallation policy it applies. hal
Extended Warranty Issues
Hello. I recently traded my car in this past August. On my previous vehicle I had extended warranty coverage and I cancelled this in July since I was going to trade my truck in. The dealer assured me that I would recieve a check in the mail. What I found out is that this particular dealer mailed my check to the financing office of my truck and applied it to my loan with my notification or anything. I have since traded my truck in and did not find this out until very recently. I really would like to have my money back but all they could tell me that it was "policy" to apply the money to a loan I had out. I traded my vehicle in at a different dealership. Thankd
cancellation money
Almost everyone applies it to the loan. When you bought your next vehicle the dealer estimated the pay-off. If the payment lowered that amount it is them who owe you the money. hal
lemon without a refund
I purchased a used car in June of this year from a small dealership. Within a month the head gasket blew and I learned there was a crack in it. I noticed while I was driving on the highway the car was smoking from under the hood. I pulled over into a gas station and looked under the hood. That was when I realized that there was no coolant in the car. I allowed the car to cool off for about an hour and I purchased coolant from the station and put it in the car. I sat for another few minutes just to be sure the car wasn't overheating. Within the next few days I consulted about 6 different auto mechanics and they all said the same thing; the head gasket was blown and the car overheated as a result of that, they all also said that the procedure was extremely expensive and would not be worth it because of the age of the car. I then took the car to the dealership for the repairs. The dealer said they would repair the car and work with me on the cost. He proposed to charge me with my monthly car payments for repairing the car. I agreed to that. Within less than a week, the dealer told me that it was too extensive of a procedure and he would look for another car within my price range and interests. That was in August. I have not gotten a car yet, and have since turned in the tags and title to the DMV. I no longer own the car, and have yet to get a replacement from the dealer. I let the dealer know that I am longer interested in doing business with them after 2 months of nothing and that I'd like my money refunded. The dealer proceeded to tell me that it is my fault I don't have a car because I didn't want any of the cars he had on his lot. And he also told me that I ruined the engine by putting cold water into it, when I told him I added coolant. The problem already existed and he is attempting to blame me for it while holding onto my money by promising me a car that he has yet to deliver. He also went on to tell me that I owe him money because I was financed. The total cost of the car was $6600, I gave him $3125. I feel that if I still possessed the car, then yes, I would still owe on the finance. But I no longer have the car, so doesn't he now owe me? I am opting to take him to small claims court. I looked up the lemon laws for the state of Maryland and I am within my rights. I spoke with him today, and he is refusing to refund me my money and stating that I owe him.
lemn law rights
You looked up the lemon law and think you are within your rights. I dont know of any lemon law anywhere that would apply to an older used car unless the dealer sold it with a warranty. Fraud lies might apply and maybe an implied warranty. Legally I think you should win if a mechanic will back you up. Most likely this is a small claims case. You can try for a local atty using naca.net hal
State Of Texas
I have a fender bender and took my car in to get it replaced only to find that Service King Collision Repair said it looked like it had been worked on before. When I told him it have never been in an accident and I bought it new, he said that sometimes there is a small ding or scratch coming off the truck or in transportation that gets fixed at the dealership and that was pretty normal. I received a call today from my Service King rep telling me that there has been some major work to the rear of my vehicle which I can only assume was from an accident. I checked Carfax and there are no reports, spoke to my leasing company and the car was purchased as new. No previous title has been issued. If we find that is has been in an accident, what are my options of recourse?
Carfax is known for a lack of
Carfax is known for a lack of reliable vehicle history. It is no Carfax fault however, the problem is with states that have transparency issues and do not make all vehile information available for public record. Or, the previous damage was probably never reported to begin with, which seems to happen quite often.
You should have the opinion of the Service King rep in writing and signed. You may also get your insurance company to substantiate Service King's findings. It would probably be best to avoid fixing the vehilce until you sort everything out.
Wait for Hal to inform you of your options, and good luck.
I bought a used suv back in
I bought a used suv back in June. There was a noise in the steering wheel and the salesman said that he would fix this problem if I bought it. So I took the suv back to get fixed a week later. Everything was fine until the the suv started making the same noise two weeks later. I returned to the dealer and they fixed it again. Well the thing is I have had to return to the dealer 4 times since June for this problem and now it's back again, but the dealer says that they can't do anything any more because they have already fixed it 4 times. I have papers that say that they would fix this problem. What can I do?
Could it be a rattling sound
Could it be a rattling sound in the steering? Or, a squeaky noise like "wet fingers on glass, or window squeegy"?
Both of these issues are common on late model Trailblazers/Envoys, and other GM SUV/trucks. There is no correction for either issue, and all mechanic solutions are only temporary as you have noted. You can get more info at Trailvoy.com.
Lemon Law applies to "Used Vehicle Purchases" here in FL. I don't know if that is the case in every state.
NACA attorney
I found an attorney in my area through NACA's website. During the initial phone consultation they asked for the year of the vehicle, date of purchase, and if purchased new. I answered yes to all, and they knew the case was beyond the 2 year Lemon Law period, and the 4 year Mag-Moss limitation, but asked that I come in to discuss the case because I had mentioned fraud.
The attorney told me Lemon period expired, and looked into a giant book to tell me that the 4 year limit on Mag-Moss also expired. The attorney then told me that they had no interest in fraud because contractual violations were not worth the litigation. The attorey did not even bother to tell me that there was a five-year statute on fraud with written instruments (I learned myself). The attorney simple said no interest in fraud.
Two hours later, the attorney finally comes clean and says they are only interested in previously damaged/ concealed damage cases. Informs me to have my car inspected for previous damage. And even if previous damages were discovered, the damage must be "black and white" for the attorney to even consider representing the case.
If they were only interested in previous damage, I feel that they had a professional obligation to inform us immediately. Instead, after two hours of being told why we didn't have a case of warranty or fraud, we are charged hundreds of dollars for a consultation just to tell us to have our car inspected for a prior wreck. That could have been expressed over the phone and saved us two hours and hundreds of dollars.
I would just like to recommend that whenever UCAN members suggest using NACA, they also advise people to make sure the attorney has a free consultation. Thank you.
NY dealer laws and carfax
I bought a "Certified Used Car" Acura MDX for $19,000 15 months ago from a big and well known car dealership. At the time of purchase I asked to see a Carfax. The dealer pulled it up on his computer and read it (without me being able to see the computer screen.) He told my friend and I that the car had no problems and everything looked good. But he never gave me a copy and I believed him. Now 15 months later I want to sell the car. I have had 3 interested buyers that have ran Carfaxes and then are no longer interested in purchase. I called the dealer and asked for any work records to show my new buyer that repairs were made and the car is good. The Acura dealer sent the record to me and TO MY SUPRISE it showed my car was in an accident prior to me buying it with $8400 worth of damage including frame and airbag deployment. The Carfax report only shows the airbag deployed. Do I have a case against the dealer and or Carfax? I did not register for the Carfax Buyback Warranty until last week (way beyond the 90 day limit.) The dealer lied to me and never told me about the $8400 worth of work that their dealer did to the car. Whether it was on the Carfax or not he knew that those damages existed because they made the repairs. What can I do? Please respond micheleozzy@gmail.com
Michele
prior accident
I would take your case in CA. You need to find a local attorney and a number can be found on naca.net. Hal
prior accident
I would take your case in CA. You need to find a local attorney and a number can be found on naca.net. Hal
Auto scam
purchase a preowned vehicle in Texas from a dealer. Went in on Oct.1 and purchase with a $2500.00 down payment. $1500.00 paid upfront and $1000.00 deferred to Oct. 29th. Then a few days later on Oct.8th, I was told to come in and bring additional paperwork. After I arrived, I was told the loan could not be finalized unless I pay an additional finance fee of $471.00 for the lender. I was upset, already inlove with the car. I agreed and I signed a plain sheet of paper stating I would pay $471.00 on the 16th, 500.00 on the 23rd and $500.00 on the 30th which I let them know I really did not have. I have not to this date paid according to this. After reading UCAN I realized the fraud and scam #3 4 and 5. Also what irritated me was a bad tire they were aware of the very first night Oct.1st, that they put air in and told me to bring the next day for repair. On my way there the next day the tire had a complete blowout and ruin the rim. I was a mile from the dealership, they pick me up and later that brought in the car, gave me another to keep. The next day I pick up car and they have taken my new full size tire and rim in the trunk as a replacement. I check the trunk realize what they did and question my salesperson telling him this defeated the purpose. Now I have no spare. The day they call me in for a second contract. They gave me this beat up, old tire and rim. i was already upset about the increase down payment, I took it and left. Today I called the lender whom is financing our auto loan and found out the date put on the purchase contract is Oct. 1st. and all verication completed, although the dealership has not been paid. Our first payment is Nov.15, 2009. Also we did not recieved paperwork of the purchase agreement. I remember the owner saying we would not recieved the paperwork until we pay the down payment and lender fee in full.
scam
All illegal in CA but who knows in Texas. Not many consumer attorneys in your area but you can try naca.net
PURCHASED A USED CAR
Hi,
My son in law purchased a used truck from a local dealership approx 10 days ago.. The paper work was finalized that day and he was able to take the truck home. He received a phone call 10 days later saying they couldnt find financing and he needs to return the truck. They took his deposit that day and did not inform him he that financing was pending. He asked them why didnt they inform him of this and they said they never inform the consumer of this. Can they do this after taking his deposit and not informing him that this could possibly happen ?.
10 day rule
Sadly yes its on the back of the contract and your son signed that he read it. I dont make the laws but this is how it works in CA and other 10 day states. hal
illegal to sell a used car at new car price
Hello, in Dec of 2007 i had purchase a 2007 trailblazer that had 14,000 miles on it and i traded a 2002 bmw 530 i in on the suv the dealership told me that they gave me what i owed on the car but i just found out recently that they only gave me 12,500.00 for my trade and up the price of the trailblazer they sold me a used trailblazer at what a new one cost so now i'm stuck with a car that i can no longer afford and i don't like the car and i can not trade it in because i owe 3 times the amount that it's worth. is there anything i can do. plus when they did the paperwork they did it with the wrong vion i had to go back a few days later and resign and i also purchased the bmw from them and 10 days after i had it home i was in the trunk gettinh my grocery out and i closed the trunk and took the grocery in the house game back out to get my child out and the car starting rolling back and we hit a tree i couldn't stop the car. Is there anything i can do to get out of this car loan and get something i can afford.
confused
If everything you said is written on the contact I dont see much help. Your question is a little uncleat to me. hal
extended warranty
my wife and i purchased an extended warranty for 3 years on our 2004 forester back at the end of augs. today we get a call from the dealership stating that the warranty that was sold to us is no longer offered and that they offer a 2 yr now. they will not be giving us the difference if there will be any and was told that everything will work its self out and that the cost will cover the new contract. can the dealership legally do this? they are sending us paper work that they want us to sign.
we have had the car a while now and went in with a check from our bank. so we didnt finance through them. everything was paid in full when we walked out through our bank.
cant change terms
They must give you what you bought or your money back. Do not sign anything and send them a letter demanding what i said. hal
Taking back car
My husband and I recently purchased a used vehicle from a corporate dealership and have had it for 45 days (changed the insurance on it an everything). We had to go back into the dealership about 3 weeks later to submit new paycheck stubs because the financing company claimed that the information we submitted didn't match up. We didn't sign any new paper work and no one called us to say the contract was cancelled or anything. We kept calling and leaving messages with the finance manager whom we were dealing with to make sure everything was in order and are calls weren't returned. After 45 days her assistant finance manager called and told us that we needed to come in because the finance info didn't match up again and they couldn't get the loan approved and they'd have to put us in a newer and more expensive car. We came in on time after setting up an appointment and had to wait 30 min. for the finance manager to get out of a meeting. When she did (we saw her walk by and the customer service reps told her we were here to speak with her), she said okay then went up to her office. After 30 more minutes of waiting and the customer reps paging her, they went up to her office and found that she had left the dealership. So they left a note on her desk saying we'd been there and we went home. Another financer from the dealership called us today and said that we needed to come in and give the car back and they'd give us our old trade in and our $1500 we put down and also told us that the finance company couldn't approve us for anything more that we were paying before and there was no other car on the lot they'd approve us for. I wanted to know if its legally possible for them to take the new car back and if we have a case since we traded in our old car, which we still owed on it, and they said they'd pay it off in 2 weeks and just tack it onto the end of our bill. Now our credit is REALLY ruined because they never made the payments on it and now the car is EXTREMLY late on payments (I'm worried its going to be repossessed as well). Would we be able to go after them for compensation since we signed the contract stating they'd pay it off and they never did?
Thanks soooo much for reading!!!
Jennifer
shanfujinotaku@yahoo.com
Colorado
Same situation
Hi Jennifer,
I am in the same situation you are! Did you ever get this resoloved and if so, what steps did you take? I'd really appreciate any advise you can give.
-Maureen , in California
credit issue
If you gave correct credit info I like the case. Dealer may have lied on your credit app-so request a copy. Use naca.net to find a local atty. hal
Ok So I just bought my new
Ok So I just bought my new used car. My first car, YAY !! RIGHT ?? Wrong, well I got the car and the sleazy dealership did tons of tricks as far as financing and whose name its under whatever whatever. Now my main concern is that I was told that since I purchased a 2006 "certified used" chevy equinox that they had also thrown in a 1 year warranty. The kind thats advertised online,but did I get any paper work showing proof?? NOO, they gave me a document stating that it was a certified used car and that it had a 3-Day/150-Mile Satisfaction Guarantee? Now whats that about? They said I would receive papers in the mail with my certification. Is that really true ?? Or was that a load of crap?
**SORRY TYPO IN MY ENTRY I DIDNT RECIEVE PAPER WORK**
Ok So I just bought my new used car. My first car, YAY !! RIGHT ?? Wrong, well I got the car and the sleazy dealership did tons of tricks as far as financing and whose name its under whatever whatever. Now my main concern is that I was told that since I purchased a 2006 "certified used" chevy equinox that they had also thrown in a 1 year warranty. The kind thats advertised online,but **DIDNT** I get any paper work showing proof?? I dont have anything saying that the car is covered for "12-Months/12,000- Mile† Bumper-to-Bumper Warranty protects you beginning the minute you leave the lot. This is bumper-to-bumper coverage that extends any remaining factory warranty."NOO, they gave me a document stating that it was a certified used car and that it had a 3-Day/150-Mile Satisfaction Guarantee? Now whats that about? They said I would receive papers in the mail with my certification. Is that really true ?? Or was that a load of crap?
lying
Sounds like they lied
Purchased a 2007 Certified Pre-Owned Vehicle in N.Y.
Car Salesman in N.Y. told me that I had to purchase an extended warranty for $1800.00 on a vehicle per the bank in order for me to be approved at a good interest rate. I did not ask nor did I want this extended warranty but felt obligated to get this in order to be approved by the bank. A week later I contacted the bank of whom I financed the car through & asked them the question - Is it true that I had to purchase an Extended Warranty in order to get a good interest rate & be approve at this bank? The customer service rep. said No, that is not true! We have nothing to do with that nor would we request that! I then called the Ford Extended Warranty in Michigan & explained to them that I did not want the extended warranty so could I cancel that? They looked up my VIN # & said Mam, You do not have an extended warranty on this vehicle. I then realized I was ripped off! I called the dealer back several, several, several times and told them that I wanted my $1800. plus Salex Tax credited back on my loan. The salesman, finance person & owner of the company has been so uncooperative! Finally, I talked to the salesman that sold me the car & addressed my concern & he said "I never gave you an extended warranty" & I said; Well then why did you charge me $1800. more for the car? He said, Mam, the car is CERTIFIED. I found out that it doesn't cost me $1800. to certify this Ford car & it shouldn't cost me. After hanging up with him, I contacted Ford Consumer Relationship Ctr in Dearborn, MI. They contacted my salesman & asked him - Why did you charge an $1800.00 - there is no extended warranty registered on the car? He told her that it was an adjustment on the car. What???????????? I said. It took 3 weeks for me to get the loan paper from the dealership. When I looked at the loan papers, I notice that the dealer added $1800.00 onto the car loan. It is not broken down showing the reason for the 1800.00 extra fee. Oh, just an FYI, I bought this car on the Internet (Ford dealership) & the car price is shown as $26,000.00 so the dealer just added 1800.00 more to that. This is illegal & I am trying so hard to get my loan credited. The dealer keeps saying that he has to talk to the owner & he'll get back to me. Then he doesn't. I call him the next day & he said "They're having a meeting about it today & will call me the next day. I call him back again (because I haven't heard from him - of course) & he says he has to talk to another person & will have to wait over the weekend. I am ready to file court papers. I live in MA & will have to drive to NY. Any advice you can give me?
cheated
In CA I could sue and win under our Automobile sales finance act. I dont know if NY has same law. I would consult a local atty using naca.net hal
bought a used car not knowing it had internal damage
My question is, is it illegal to sell a used Vehicle under false pretenses? Would that be a break of the written contract i signed with the dealership?
(Here the story)
My husband and i went to purchase our first vehicle from a used car dealership. We are a younger couple 19 and 20 years old. With very limited income. We picked one out that me really like.Well it turns out 2 weeks later our car started to over heat, so we parked it until we can get it looked at. We took it in to the shop and told us that the intake manifold gaskets failed. When he took apart the car, he said that the car has been leaking coolant into the oil for a very long time. We only had the car for 2 weeks. He could say that it was there prior to us purchasing the vehicle.
So we took it home and there was no change the car was doing the same old thing. The mechanic said there was some internal engine damage. I went into the dealership and and told them about the issue, they agreed to pay $400.00 of a $800.00 bill. I told them that the car is broken down and it still needs fixing. So we took it into there shop, the car sat there for 3 day and all they did was rip apart the thermostat. They sent it home with a quick fix. The car ran alright for about a month, we just had to use lot and lots of coolant.
So ow the car has been broken down in my yard for 2 months. We have replaced everything for the cooling system. We it turns out that the block is cracked and has been cracked for a very long time by the looks of the inside. Altogether we have tried to fix the same problem 7 times in the last 8 months. We are well under the mileage for the lemon law.
I called the car company and told them about the issue. They pretty much told me that i am lying about the vehicle performance, and i need to stick to my contract. I told them that i was going to file a law suit against there company after i discovered there was a lemon law. They told me there is no such thing as a lemon law for used cars, and they where going to file a law suit against me. I still owe $2,500 on it it was $6995+registration and ca taxes. They told me that they would cut it down to $1,200.00, but that will need to be paid off in two payment of $600.00. I told them there is no way that will work because i am out of work my husband is disabled. Because of them i have been forced to go on welfare just to pay my bills. After dealing with them all the money i have is to pay rent and keep food on the table.
Any ways they want the 2 payments of $600 or they are going to sue me for not following threw with the contract. Also when i asked them about the diagnostic report, when i first bought it they told me it was in perfect shape, good running vehicle, no accident or problems. When i just asked for it a second time they said they had to replace the front bumper, and a tire drum on the front end of the car. They onyl told me this when i put them under pressure. When we replaced the radiator, it was smashed in. So right there tells me they lied about the car being in a accident.
I have all of the receipts, work orders, and can go get an official report from the mechanic i had diagnose the cracked block and how long its believed to be there.
I bought the car when i lived in california, but i bought it in brookings or, at 101 auto sales. I just resently moved to montana 3 months ago. ( i had to rent a car trailer to pull the car.)
no lemon law
My guess is you bought a old high milage piece of junk and yes most likely no lemon law applies and if the car is under $7.500 it is probably small claims court. There is still laws against fraud and these guys sound like crooks. I fyou want to send me the paperwork including your mechanics info I will look at for free and see if I can help. hal
car stolen
my car was stolen in july of this year. i purchased gap insurance with my current insurance carrier but the gap insurance did not cover the entire vehicle. there is still a balance owed to the finance company. i am in need of a new vehcile but can not afford to have two car payments. if i refinance the balance owed but do not agree with the finance company's new payment can i be considered deliquent if i pay them an amount less than what they are asking and will it be reported to my credit report.
credit issue.
Anytime you pay less than what is owed it can be delinquint and reported. hal
Private sale Fraud
Hi,
I bought a 2005 Prius three months ago from a private party. They repeatedly said how honest they were and presented a folder with supposedly all of the receipts for all servicing done at the dealer or at other businesses such as tire purchases and oil changes. We did a Carfax which confirmed what the seller cliamed. We were also told the car had no problems and had never been in an accident. The car has run fine until this week when we experienced heavy rain. Tons of water on the floorboard of the car caused me to take it to the local Toyota dealer, who informed me that the car had been in an rear end accident and that the repairs to the body had been incompetent thus allowing for major leaking into the car. They also told me that had we brought it in for an inspection prior to purchasing the car that they may not have found any problem with the car.
Obviously, these people committed fraud in hiding the accident and subsequent repairs. Is there a chance we can sue to get our money back or only for the repairs?
Thanks.
can sue
You can sue and should win-can you ever collect is the issue. Hal
Used car sold involved in accident
hello,
I was sold a used car honda civic involved in accident in las vegas neveda. when i found car was pulling to right i got it checked it at the local repair shop and was given report that car was involved in accident, which dealer did not disclose at the time of buying 10 days ago. what are my rights and can i get the refund for the car
prior accident
There is no law against selling damaged cars. It is illegal for the dealer to lie. So it all depends on what you asked and what they said. Along with how bad is the damage. You need to have a body shop lok at the car. Once you do so I can review in CA or you can use naca.net to find a atty. hal
advertising scam
I bought a 2004 nissan murano on ebay. car was advertised with options that kbb states retail at 1225.00 +.... i bought for 12450.00. I picked up car in costa mesa, ca from orange county auto brokers. the next day I figured out all the equipment car was missing and called dealer, no answer... I then asked my son to continue calling, my son contacted my salespperson and informed him of the errors.
My car salesman stated he would handle problem and make it right. My son emailed dealership that same evening with a complete listing of eqipment missing and asking for further instructions from salesperson.
Salesperson and Dealership made no contact for days.
I then emailed dealership through ebay and pleaded for a resolution. dealership then communicated and stated they would switch cars with another that had all equipment I wanted(a 2003 ml350).
3 days later they stated that they could not switch because they paid the state of california tax & lic. on car and the state would not reimburse this money... they stated they would cancel contract minus the taxes and licenses because they could not get this money back from the state of california.
The dealership then offered me 500.00 for their error and stated it is all my fault because I did not inspect the vehicle before I took it home and becuase at the time of delivery i should have clearly noticed that the car did not have all the options they advertised. I now find out that car was in a major accident(there is no way they did not know about) evident by 2 inch bondo on quarter panel and primer on wheel well(real shoddy job.
what can I do ?
Is it true that if they had cancelled contract that dealership could not have gotten money back from the state of california?
dealer lies
Everything they say is a lie and they should take the car back. If you want me to look at the case send me the paperwork and I will review it for free. hal
big liars
Everything they have said is a big lie and they are crooks. I just finished a case with very similar facts. The Judge stated that saying you cannot get sales tax back is a really stupid lie. You have a number of optioms. You can contact the DMV and find their bond information and make a claim If they arranged your financing Your case is better. Even if not I can review for free-click on my picture or firm name up top for contact info. You can look for another attorney And I will be happy and suprised if someone will take your case on contingency meaning no money paid by you. Sadly I dont know any attys in state who other than us will consider cases against small dealers because of the risk of bankruptcy or the dealer going out of business. Hal
what to do?
We purchased a van on 9/9/09. We have loan documents that statement assignment is with Americredit. They've called on the phone and we've provided information they've requested. Since the first payment was due 10/9 and we hadn't yet received anything, my husband called the dealer on the 7th and asked about it. They said they had determined that we were actually declined. They said they had a deal they thought would go through and all the terms would be the same but the first payment wouldn't be due til December. We've still yet to hear anything back from them. What should we do now?
10 day rule
Under CA law you own the vehicle after ten days. You must try and make your payments on time to protect yourself. So get one in now made out to the dealer who must financed elsewhere. If outside CA read the back of the contract to see if your state has a ten day rule. hal
Ask to have a consigner after auto loan docs have been signed?
I signed a loan agreement for a new car and was asked for proof of income. I provided the proof with W2 and statement from job and last 4 pay stubs as requested. Car was to picked up and delivered 2 days later and I was to take ownership the third day. All loan papers were signed and loan was approved by bank. The dealership calls on the second day and says that I have to have a consigner and an additional $400 down to get the car. And a new contract will have to be signed with the same interest rate. If not I can not get the car. My question is can they do that since the loan papers have already been signed? This is in Georgia.
Georgia law.
I dont know the Georgia law. Normally I would guess that they can, but here you have an approved loan. Use naca.net to find a local atty. Sorry I cant be more help. hal
Car Transmission Repair - For over two months
Two months ago a company towed my car and stated they would provide a refurbished engine. I had to provide $500 cash down and it would be completed in a week and then they would charge me an additional $1400.00. It has now been two months, I have to continue my insurance, and the story just keeps changing. I went and looked at the car and it is in the back of dozens of cars waiting for repair. How can I get my car back?
wont fix
Most States have a Bureau of Automotive repair. Contact yours for help. Hal
Dealer won't take responsibility
I drive a 2006 Mercury Mariner 4wd. Bought it used from a dealer with approx. 30k on it 6 months ago and now the rear frame has cracked and one of the joints has created a hole on the bottom of the gas tank. I brought it to a local shop and had them put it on the lift. They said there is no possible way that damage could have occured while I've owned the car because 1.) that should not happen to a vehicle so new and 2.) there is rust spots where the crack is which indicate it's been a problem for awhile now. What can I do? I feel like the dealer needs to give me a new car or something, the gas tank issue seems serious and border line lawsuit.
defective vehicle
You probably have a case for your money back, but a lor more facts are needed. Use naca.net to find an attorney hal
Demo Car sold as new
My mom recently went and signed to by a new car. The contract is marked new, but the car has 600 miles on it. They promised to pay a couple payments and a couple other minor things but are not following through. She has not taken delivery of the car yet, and wants to back out of the deal. The dealer had to order the car in from another dealer because they didn't have the model in stock. They are now saying they are going to keep the down payment, or at least charge here some sort of penalty She has already given them $20,000 down and they are holding it currently.
What are her right? It's in Florida, and she signed the contract on 10/10/09, but has emails back and forth from the salesman dated prior saying she did not want the car. Can a dealership mark "new" on a contract for basically a demo?
demo
It sounds like you are guessing its a demo. In CA a demo cannot be sold as new and no deal is complete untill you take delivery. You really need a local atty. Use naca.net to find one. hal
Advertised Internet Price
If a dealership has a vehicle with an advertised internet price, do they have to honor the price and let you purchase the vehicle for internet amount?
internet price
Yes in CA and other states with a similar law. hal
After I bought car, dealership wants more money
I bought a car 4 days ago, with financing. They called me today and told me to come down to "sign some more papers". When I got there they said that the bank ended up not approving enough money for the loan, and that either I would need to make another payment of $2000 (down payment) or choose another car. Part of the reason the loan didn't cover enough payout to the dealership is because the bank is charging a huge fee for the loan, due to my sub-standard credit. (This fee was bigger than expected.) They later reduced the amount they say I have to pay to $1,300 saying they would break even on the car with that amount, and told me I could pay it off in time.
Does this dealership have the legal right to take the car back if I don't pay the money? Or is it legally already a done deal?
10 day rule
You may cancel and dont I mean dont take another car. They owe you everything back. In most states they can cancel if they do not obtain financing in ten dfays but they must give back everything. hal
Sue someone for selling me a bad car?
I bought a car the check engine light was on when i looked at it. But the the owner got it fixed and i had my mechanic check the car he said it's all good. After a week the check engine light came back on i took the car to a few mechanics and they all said its the transmission. Now I'm suing the guy for lying to me about the condition of the car can i win the case. Even though he made sign a contract saying the car is sold AS IS. And by the way I'm San Jose, California.
private sale
It could go either way. Then collecting is harder
Inflated Price Of Vehicle
I purchased a car on 10-10-09, the cost of the vehicle was advertised as 8,850. I applied for a 7500 loan with a 2700 down payment, I asked for the extra 1000 thinking that I may need it for sales taxes and property taxes however the dealer jacked the price of the car up to 9,990 and pocketed the extra thousand dollars, when I questioned him about it he told me that he charges a fee for those with bad credit. He said that he told me that but I must not remember him saying that, there is nothing in writing stating that he charges extra fee's and I have a copy of the advertised price of 8,850. What are my rights?
over advertised
You can cancel the deal or get the overcharge in most states. hal
cars
my husband traded our truck in on 9-29-09 on 9-30-09 i had to go in and sign my name off the truck they wrote a new contract up. on 10-9-09 i recived a letter saying to return the truck because the could not get anybody to finance it .my husband said to the sales lady maybe i should not drive this truck very far just in case they can not finance it the sales lady said no dont worry about it .my question is can the car lot do this.and can they charge us for the miles put on this truck thank you
10 day rule
In CA and some other states a dealer has ten days to cancel for lack of financing.
They must give you back everything.
If they sale your trade in you get wha t the contract says or the cars value which ever is higher. hal
I saw this reply interesting
I saw this reply interesting because i'm having a similar situation currently. Are theres specific laws that state this? Also if so, which state do they apply to?
canceled deal
They can cancel. They cannot charge you anything and must give back all money given and what they valued the trade in our the vehicles value whichever is greater. hal
Bought Lemon Buyback in NM
I bought a car from dealer, went to tax office several weeks later to pick up my tags. Lemon buyback /branded title. It was not disclosed. The dealership has agreed to take it back and is amazed I found out. My question is this. I traded in a vehicle that was worth 36000 for the lemon, worth 20,000. I didn't owe any sales tax on the lemon. Now that they are taking back the lemon, I do not have a trade. I will go to another dealership and buy another car. I have no trade and will have to pay full tax amount on the new purchase. Does the lemon dealership owe me the 2250 I WOULD have had for my new purchase if I still had my trade? ( the trade is sold already)
confused
No but I am confused by your facts. Sales tax is not figured in. hal
CASH FOR CLUNKERS DEAL
hi
i bought a new jeep liberty on july 18 2009... i trade-in my 1994 jeep grand cherokee in the cash for clunkers program the dealer gave me 4500 dollars for my old jeep.... almost 3 months later the dealer told me i have to take the car back because no bank wants to finance the loan for the new car..... my question is ... Are they going to give me my old jeep back ? and i also i have paid the dealer for 3 months the monthly payment agreed on the contract...would i be able to get my money back for this 3 payments ?
thank you
10 day rule
After ten days in most statesa the car is yoursa and they cannot cancel. Make all your due payments to the dealer and keep the car its yours. hal If not in CA and 10 day rule not on bck of your contract use naca.net to find a local atty. hal
Just a random question.
So i was browsing for a good deal on a New Mercede's C300, a car I really want, I found a rediculously good deal in which a website (unlimited-autos.com) is offering this car at like $16,000? which is atleast $15,000 dollars below a normal retail price. I find this really great, and since they're offering carfax reports, explaining there repo deals, and process for pursuing buy the car. I'm slightly convinced. The only issue is that it seems to me to be most certainly some sort of scam. It has to be? the website is janky, the cars are nearly too low, and you must pay before it is shipped to you. I'm not sure what to think, I feel that I must ask someone a bit more familiar with something like this. Please let me know what you think. It would be highly appreciated.
-William-
a scam
Its a scam
transmission slipping only 48 hrs after purchase
Hi! I purchases a 2005 Nissan Maxima on Saturday October 10,2009. Today, on Monday the 12th, while on my way to deposit the insurance check to cover the personal check I wrote to dealer, I noticed the tranmission was slipping really bad. It doesn't do it when your driving "normal speed"....... My husband noticed a whining sound in the engine before we purchased and the dealer told us it was a pully baron. He said to bring the vehicle back and he would have his mechanic fix the pully or "whatever is causing the whining noise"..... We called the dealer today and he said to bring the car back in the morning and he will look at it. What should I do? If he offers to fix it, I'm reluctant to keep the vehicle thinking future problems may occur! Also, the carfax showed teh vehicle was registered in a county declared a flood disaster area by FEMA. Is it possible the vehicle was flooded and carfax wouldn't know??
dont rely on car fax
Car fax is just a tool and often lacks info. I like autocheck.com better as it has auction record. Have a outside machanic review the vehicle to see just what you bought before and discesions are made. Have the mechanic tell you if he can if the damage clearly existed before you purchased.
In CA let me know, otherwise consult with a local atty using naca.net hal
Fraud/Forgery on Sales Contract
Hello,
I purchased a car from Pinnacle Nissan 3/30/07. I have the original contract I signed at the dealreship. I recently found that the contract my finance company has is completely different.
Pinnacle Nissan took $2210 I financed for a service repair contract and increased the sale price of the car. They increased the rate by 2.99% and the term by 6 months.
The signature on the altered contract has a faint box around it. It looks like it was forged, cut and pasted. I did not sign that contract. I would never agree to take the amount I financed for the service contract and increase the purchase price of the car. Pinnacle Nissan pocketed that money and then increased my rate to make more money and extended my term so that the payment changed only slightly.
Pinnacle Nissan won't talk to me. They referred me to their lawyer. I filed complaints with Nissan, Attorney General, Federal Trade Commission.
I can't afford to continue making the payment. I was trying to refi or trade the car in when I found out what had been done and how upside down I am (despite putting $7000 cash down). I don't believe I should keep making the payments for something I didn't agree to. I would be satisfied if Pinnacle Nissan would void the contract and take the car back or buy it back and pay damages in the form of a new car or down towards a new car.
How can I protect myself and what should I be doing to resolve the matter?
Thank you,
Tanya
clear fraud
In california this sounds like a good case and I would be happy to help. Outside of CA use naca.net to find an attorney. The key here is to notify the finance company and sue them if they insist on collecting. Notify them in writing as well as the DMV etc. Hal
pay off for trade
2 months after purchasing a new car and trading my old car-I get a letter from the dealer stating that the pay off on the trade was off by 397 dollars and they would like a check from me asap. I have bought several cars and have never had a problem with payoffs. I know on the order it says purchaser is responsible for amount-but they are the ones who called and got the pay off while I was there and wrote the deal. Do I have to pay-which I don't have-or can they usually write that off. Thanks!!
trade in adjustment
Often the adjustment is due to the fact they did not pay timely. Ask the bank for a payment and pay-off history. While there is no direct law on point I would not pay and sixty days just smells. hal
Sell Back A Used Car
I bought a used Honda civic car 3 months ago for $12,225 and with all the fees and taxes it came up to $15,000. I got a approved for a loan and I'm paying on a monthly payment plan but now I want to sell it back to the used car dealership where I bought it from once I get the title, which should be coming by mail this week. Can I do that?
bad idea
Sure do it and they will cheat you badly and not even get you enough to pay off your new loan. The loan gets paid first. hal
Undisclosed frame damage
My vehicle (2004 MazdaRX8) was purchased on 10/16/08. On 10/05/09 I took a car to a dealership to have it appraised for a possible trade in. At that time I was given an Auto check Vehicle History report that stated the car was sold at auction as "Auction announced as frame damage". The dealer issuing the report asked if it was anywhere in my sales contract that there was frame damage which there was no mention anywhere. According to the dealer the "selling dealer" that purchased it from the auction and that I purchased the car from should have disclosed that in writing as they are supposed to do legally. When I took the car back to the dealer I purchased it from and explained the situation they responded that that was crazy even though I presented him with the report stating that there was damage to the frame and he had no knowledge even though he purchased the car from the Auto Auction. I kept getting the run around for three days on this situation. I explained to them that I was not comfortable driving a car with frame damage nor would I have purchased it and that I wanted this resolved asap. It clearly states that the Auction has reported the vehicle has frame damage , which can weaken the structure of the vehicle. What are my legal rights in NY?
frame damage
I cant tell you NY law. I dont know of any state that makes dealers tell you another about accident or frame damage unless the car was salvaged. On the other hand the dealer cannot lie. So it all comes down to what they said and hat you asked. As most cars have no frames anymore and are unibody you cannot rely on the report. Have a body shop review your car and get a report. If the accident is significant go to a localk atty using naca.net Hal
used car
i bought a car 10/1/09 used and the water pump went bad 10/7/09 should the guy i bought it from replace the pump
water pump
If you have a warranty yes if not you can only hope the dealer will help. hal
Fraud?
I am being sued by a bank because of something that happened about 2 years ago. I went to a dealership, they told me some lies, and suckered me into signing paperwork for a car. They would not take the car back because there's no obligatory grace-period in Florida. I obtained the credit application that they submitted to the bank. They lied about how much money I make, how much I pay for rent, my phone number (belonged to another guy of the same first/last name), and how long I lived at my apartment. They also had somewhere in their paperwork that the car loan I was already paying on belonged to my wife, but I am not married. They created $6000 by lying about the salary and rent. There are 2 spots on the credit application where I signed, nothing else is my handwriting and I'm pretty sure it was penciled in afterward because I would have been suspicious of something like that. This just sounds like fraud on the dealership's part and negligence on the bank's part for approving a loan based on fraudulent information. What's your take on this?
RE
I tried contacting numerous people (Bank, Dealership, AG, BBB, news station, police) and nobody would do anything. AG,BBB, and news station said that they would have to see a pattern in order to warrant an investigation. Well, this place consistently has anywhere between 37-40 complaints in the past 36 months. I checked on the place who sold me the car I currently have and they only have 5. Sounds like a pattern to me. I haven't told every little detail because it might turn into a novel, but I wanted to focus on what I feel the real issue is.
possible case
You may have a case but waiting two years will hurt unless you told the bank long ago. While I might take this case under CA law I dont know if you can find a Florida atty. Try using naca.net to find one. hal
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