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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.
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.
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
No Tittle
I,
I am in the state of Florida and I think I got scamed by some guy, I handed money without a clean title in hand and now, I am stuck with the car, without proper title.
Is there anyway I can build a new title on it? I have a (I think fake) bill of sale. Should I tell the police? I feel really stupid actually so please don't tell me it was imprudent and so on, I know all that, I am just trying to find a solution...
Thank you for any help you could give me.
no title
You need to report this to the DMV and see their title history. If fraud report this to the police. In CA you can sue the DMV to get title or sue the prior owner. Try a local atty to see if one will take the case. Good luck. hal
Financing
The finance company called me several days later (5 days after the purchase) to tell me that the interest rate went up from the original contract. Then he called me back after I told him that I was thinking of taking the car back due to breach of original contract to tell me that the finance company will probably take the original contract if my wife was only on the loan. I said fine however he said we will have to wait till Monday ( This was Friday) to speak with management for approval. Why is he wanting us to wait till Monday? I know management is at the finance company? what's their next skeem?
financing
This is weird usually only the bank calls. If they tru and change anything at all you have the right to cancel the deal. In most states the deal is final after ten days and cannot be changed so read the back of your contract. It sll seems like a scam. Hal
trying to sell and not lose anything
i bought a dodge charger 2006 with a hemi for like 22,000 at 8._ APR, what i want is to sell it to buy another car, a car i would be proud to by, without the haste. i do not know the steps to take to sell the charger, what steps to take that i wont lose anything or pay in excess. i would even like to know, if your able to, what i would pay or lose by selling the charger when i still owe over 20,000 dollars on it. i would greatly appreciate if you can give me guidance and tips.
no help
If you sell you probably lose and big. Research the value of the vehicle by using KBB.com or by checking for similar vehicles. In all likely hood it has gone down a lot and selling means losing. CVehicles are not investments they are money pits. Hal
2005 town and country chrysler
HELO HAL MY QUESTION IS THAT I LIVE IN THE STATE OF DELAWARE AND I WOULD LIKE TO KNOW IS IT ILLLEGAL FOR AN AUTO DEALERTO SELL A CAR THAT HAS A LIEN ON IT? I HAVE PAPERS FROM THE DEPARTMENT OF MOTOR V. THAT A LEIN WAS ON IT WHEN I BOUGHT IT. BOUGHT VAN THE IN APRIL 28 2008 LIEN WAS NOT SATISFIED UNTIL JANUARY 28 2009. THANK YOU
lien
I dont know your specific law. I have never heard of it being legal anywhere to sell a vehicle with a lien. hal;
I bought a 03 Chevy 2500
I bought a 03 Chevy 2500 about two and a half years ago from a Nissan car dealership. Have recently fallen on hard times and have been trying to get rid of it before Citi takes it back. Went to a Toyota dealership today to see if they could take it off my hands and they ran a Carfax on it. Truck had been in a accident. The salesperson at the Nissan dealership didnt tell me that. Is it illegal for them to do that or anything. If I had known the trucks history I wouldnt have bought it.
damaged truck
You may have a case. No law reuires them to tell you, but they cant lie. So it depends on how bad of accident and what you asked and what they said. Use naca.net to find a local atty but, first have a body shop go over the truck for damage. hal
Bad Auto Deal
Hi
Our 18 yr old son recently was misguided into purchasing an older, used vehicle for a friend in his name. he put $3000 down and was told he would be financed for the remaining balance. It has now been 60+ days and the loan still was not finalized even though we called every 3-4 days asking about the financing. Today they have called asking him to come in and sign the papers. Meanwhile, we discovered that there are $3000 worth of repairs that need to be done to the car.
Can we give the car back and get our $3000 down payment back?
Lisa
another state
Your facts cannot happen in Californis so I dont know your state and the law. Sorry have to send you to naca.net to talk to a atty in your state. In general I would not sign the papers and cancel the deal. This is just a guess without more info. hal
Bad Auto Deal forgot some info
In addition to being notified more than 60 days later, they want our son to sign a new contract because the loan company said too much time has passed since the sale of the car took place. Purchase date was August 2, 2009.
Consigned Classic Car
I left my Classic Car with a dealer and agreed that he would sell/consign the car for a 4% commission. He "Sold" the car to someone in South Dakota (we are in Illinois) who is now saying that the motor in the car is not original. The ONLY info we have on the car is a two page statement from a broker who appraised the car. He states that it has original motor. Dealer and Buyer are now saying that WE misrepresented the car. They are stating that they will give us half of what we wanted for the car. Currently - we have no money and no car, and the car is now out of state.
No Letter of Consignment form was signed
No agreement to cost of the car was done when the car was taken out of state.
scam
This smells like a scam. Ask for the car back or all the buyers money and you will handle the dispute. hal
scam
DUDE YOUR BEING SCAM JUST GET YOUR CAR BACK
dealer work not done right on extended warrenty
We took our 2002 dodge ram to get head gasket repaired on our extended warrenty. gary miller jeep in Erie Pa took 6 weeks to do work never contacting us until I called the warrenty company. They said work was done. We picked up the truck and it broke down 6 miles from the dealer. so we had it towed to our machinic. He found slug in the oil pan and cleared that up for us . We got to drive the truck another 150 miles now the truck is clanging and clattering so it is at a nother dealer we will find out today the new problem. The truck ran better before we took it for the head gaskett. We think they did something to the truck. What do you think.
dont think
All you can go on is what a qualified mecanic says. In most states you have very limited rights regarding service contract and no attorneys will take these cases. hal
used car that had been in an accident but deal did not tell!
Hi Hal,
I bought a used 2006 lexus and the dealer said it never been in an accident. But when I bought it home, my brother can pin point where it has been repaint. Looks like it had been in an accident. Do I have the right to return the car to the dealer?
thanks,
martha
prior accident
There is no law that requires them to tell you but, they cannot lie. Have the car checked by a body shop. If the damage is significant at least in CA you most likely have a good case.
In CA I can review for free. hal
Inflated Price for New Car
On Saturday, my mom (70 yrs old) decided to purchase a 2009 Nissan Versa from a dealer in Bellevue, Washington. She has not taken delivery of the vehicle as of yet and I told her not to, based on the shakey transaction they undertook.
The MSRP is $16,265. My mom wanted to trade-in her 1998 Ford Escort wagon. They offered her $2000, but here is what they did:
They increased the MSRP to $17,910 and then deducted as a trade-in $2,000 for the Escort. After I reviewed the contract, and did the math, the actual trading-in value of the Escort is $44, if you assumed the $16,265 MSRP and deducted for the increases sales taxed and registration fees associated with the higher MSRP.
Furthermore, my mom never saw the car and as mentioned before has not seen, taken delivery or even driven the car.
I believe she has been taken by this dealer and way overpaid for the car due to the grossed-up value of the MSRP to cover the trade-in value of the Escort.
Can she cancel the contract and if so, under what grounds? If not, what options does she have? Can she cancel the check and not take delivery?
She still has her Escort in her posession.
Thanks.
Thanks and we have. We have
Thanks and we have. We have received a brouchure from the State of Washington's Attorney General's office and it states the following:
"The car must be sold
at the advertised price, regardless of trade-in
value and whether you are aware of the ad price
or not. Ask for the dealers listed or advertised
price early in the negotiations. (they must
disclose it) and ask if there is an ad price or lower
price listed anywhere."
In addition, there appears to be solid case law against this practice as well:
And: Affrunti v. Village Ford Sales, 232 Ill. App. 3d 704, 597 N.E.2d 1242 (3rd. Dist. Ct. App. 1992):
An excerpt: "At trial, the sales manager testified that prices listed in
advertisements are not necessarily the listed cars' actual prices; dealers can
sell the cars for higher prices. After hearing the evidence, the judge ruled
that the dealer had an obligation to inform the plaintiff of the advertised
price of the car, and awarded Affrunti the difference between the purchase price
and the advertised price, which amounted to $1,529. On appeal, the Illinois
Appellate Court ruled that "the defendant's failure to disclose the advertised
sale price constituted deceptive conduct under the Consumer Fraud Act." The
appellate court also added attorneys' fees to Affrunti's award, bringing the
total up to $1,937.50."
bad deal
At least in CA this would be illegal. You need to confirm with a local atty, Use naca.net to find a local atty. hal
Returned Car
I forgot to add my State. Arkansas.
Returned car
We recently bought a used van from a dealership and it was sold to us as is, and we signed the papers, but they also gave us a 30 day full warranty. When we purchased the van, we asked if there was anything wrong with it mechanically and they replied no. I told them that the button for the automatic door opener doesn't work and they said that the mechanic was out til next week so bring it back in. Upon driving it over the weekend, we noticed that the car shakes when going fast, so we brought the car in the next week and told them about the problems. They told us that the brakes needed to be fixed and the salesman told us that he told us when we bought it that it needed to be fixed. He never did. So they tried to fix it on Monday, but what happened was, they made it worse. The sales man said it will take only one hour, but one hour turned to five days. Then we got it back from them on Friday after closing time. It wasn't fixed and my kids didn't like how it was riding and was crying a lot because it was uncomfortable. So I called them the next day as they opened and told them that its worse and I don't you can fix it and can i trade it in for a new one? He said "Let me talk to my mechanic about it first." So long story short, they couldn't fix it and they took the car back and offered me a junk car to drive until i found a car on their lot that i liked. I refused to take the junk car offer cause the check engine light was on and it was dirty inside. We have been checking their lots for two weeks now and not found a good safe car. We were never notified that the previous car was in a wreak, nor most the cars they are selling are salvaged cars. We put $1000 down on the car and we would just like our money back. Can we get our down payment back because we don't have the car anymore because the dealer took it back and we don't see it on the lot of the dealership's either?
bad car
They are going to just cheat you on the new car. In CA you may have a case. In most states case is tough but talk with a local aty using naca.net hal
10-day rule: Does 10-day timeframe reset w/ new contract?
I purchased new vehicle at low APR. Dealer contacted me after the 10-day timeframe to tell me lender wouldn't approve APR. Dealer wants me to re-sign at higher APR and much-reduced sale price leaving my bottom line intact. My question: With a new contract, does the 10-day timeframe reset? I'm afraid the dealer could use the opportunity to rescind the whole deal, so as not to take such a hit in the sale price. Are there any steps I could take, any extra verbiage I can require be added to either contracts?
10 day reset
Great question and smart thinking. It does reset. So either stike the 10 day clause and have dealer initial or have dealer sign that it does not apply. It otherwise resets. hal
Signed Purchase Order and Took Delivery But No Financing
Hi Hal,
I just spent time at a local dealership here in Washington state and drove away in a vehicle...no money down, no money changed hands. I told the dealer that I had financing available through Capital One blank check program...I found the dealer inventory through the Cap One website. However, once we got through the negotiations and I went to give them my blank check they indicated they were actually NOT an authorized Cap One dealer, but that they would give me a Purchase Order and all I had to do was fax it to Cap One on Monday and they would mail me a check for the price of the vehicle. I spoke to Cap One this a.m. and they said they cannot provide financing that way. I signed the contract with the dealer but am unable to secure financing and pay for the car. What is my recourse? I am guessing that I simply return the vehicle, but I want to make sure that I am protected legally. What should I do? Thanks for your help, Hal!
no financing
In CA we have a law right on point that says you can get out and get your money back. It sure seems you should be able to do the same,but sorry I dont know for sure, See if a local atty can confirm. Use naca.net hal
Used car sold as new
On 8/11/09 I bought a 2009 Focus from a Ford dealer in Phoenix on the Cash for Clunkers Program. The car had 1385 miles on it, but the dealer told me repeatedly it was a "new" car and it is marked that way on my contract. I assumed it had been on their lot close to a year and had many test drives and maybe some sales people driving it home occasionally. Once home I found the contract paperwork for a previous buyer on 7/26/09 and the odo statement said he received it with 288 miles on it.
Can and should I sue this dealer for fraud?
Thank you!
Its fraud but..
It is fraud and illegal. Also it probably did not qualify for cash for clunkers. The problem is your stat3 has really bad laws and almost no attorneys therefore doing this work. Finally the damages are limited. You can try naca.net fo a local atty but it is difficult. hal
Thanks
Hal, Thanks for the reply and also for the work you are doiong on this site. Very helpful!!!
On August 21st I purchased
On August 21st I purchased an 04 impala from a used car dealership. They wanted $2000 down for a down payment, but they accepted $1700. I was then told my payments would be $249/mnt, and i agreed. AFTER THE CONTRACT WAS SIGNED....wow, I get hit with a few things. First, I was told that since I only put $1700 down, that I would need to come back the following week and give them $300 for the rest of the down payment, then i was told that i would also be paying licensing and tax fees so that was $118 added to the $300, now im' at $418 more that they are wanting a week later. Then I was told about no warranty sold as-is. To top it off NO REFUNDS right after that. I guess he tried being nice saying i could take it to a mechanic if i knew 1 but only had 2 hours get back, it was a lil after 5:00 at this point and he was leaving 7. To make matters even better...he then told me I had to have full coverage insurance before he could give me the keys to the car. I told him I didn't so he "REFERED" me to a person who he knew. I was up there by myself, 1st time car buyer and a female so I didn't know what to do except go with it. Anyways I was 13 days late on my payment because of other things that happened. They repo'd my car after only 3 weeks, gave me the run around tryin to get it back finally said instead of $831 they would except $750 and gave me a 10 day extension. I come up with the money and now he saying "we had a misunderstanding and the dude want way more" Today is the final day, he don't work today so what can I do? If I can do something. They basically took $1700 down/$230 insurance for 3 weeks and said F*CK U. Can I get some of my money back atleast? I'm in califormia.
deal sounds shady
I think you may have some ways out of the deal and the deal smeels. I can review the paperwork for free if you send it to me. hal
REALLY? You have contact
REALLY? You have contact information? How can I get origional copies of my paperwork?
REPOST - Rosemary I'm sorry for the 2x-post - Buydown Questions
!!I'm sorry, I didn't see the form to get Rosemary's help until I'd just submitted my comment!!
I bought a new car at a great APR using dealer financing. They called me 12 days later to say that rate wasn't available so I'd need to re-sign at a higher rate, though they'd keep my monthly payment amount roughly the same. I told them I liked my contract as-is and saw no reason to pay any more than what we'd agreed to originally. Lots of haggling back and forth but they eventually were able to drop the purchase price enough where my bottom line didn't change with the higher APR. I am hesitant to sign any new contract because to me that opens the 10-day door for them to try to re-negotiate everything to their advantage, whether they would or not, I don't need to lose any more sleep over someone else's admin error. One of the finance managers was more frank with me than anyone else and showed me the lender's fax indicating the dealer could pay the buydown or try to get me to sign at the higher rate. He said the amounts of the buydown and amount they'd need to reduce purchase price by were essentially the same, and he'd look into letting me keep my contract as-is. Needless to say, have not been able to reach him again. The other finance mgr is saying at this point the lender is no longer offering them the buydown option because the lender wants all numbers on the contract to be accurate, i.e., the reduced purchase price and the reduced tax paid. They are using high pressure tactics on me to come sign this contract that I'm not comfortable signing, and have hinted -- without outright saying -- that the car is not legally mine as it hasn't been submitted to DMV. They're acting more and more incredulous and put off at my hesitancy and mistrust, and I'd prefer to never deal with them again.
If anyone can help with any of these questions, I'd really appreciate it and get a good night's sleep. :-)
My question:
Does that sound likely, that the lender would rescind the buydown option because the contract wouldn't be accurate? Even if so, would that quibble between the two of them be my problem? Finance mgr has tried to tell me the contract isn't legally binding as it's not cash-backed. Where would I stand in court, if I held out until they resolved it between the lender and dealer? It's unfathomable to me that this contract could be considered invalid in anyway. But they're trying to scare me, and I just want to make sure I understand all their tactics. I've asked that they type verbiage on a new contract saying if they can't secure financing for this new contract, they're obligated to honor the other contract. Which they're brushing off.
10 day rule
If you are in CA or your contract has the ten day rule the car is yours. They probably cheated you and overcharged which causes problems financing. In CA I can make them give you the car and outside CA use naca.net to find a atty. hal
Odometer disconnected
I purchased a 1997 Thunderbird that was very clean. I purchased it on August 20 and my lease was due back on September 20. I asked that the 30 day warranty start on the actual driving date, which was September 20. They agreed. I did not notice that the odometer was not connected. I found, in the glove box, service records that indicate a great many more miles that the odometer reading of approximately 102,000. I have just gotten back to work after a 1 1/2 year unemployment period. I need this car to run!!!
Is there anything I can do?
P from Michigan
Thanks
odometer fraud
The Federal odometer act gets you back three times any loss in value/ Call Mark Romanoor Steve Stancroft whom I know or use naca.net to find a atty. hal
auto repair fraud from dealer
How can I report auto repair fraud that a toyota dealer is doing? The dealer is trying to get customers to do unecessary repair work on their cars.
repait fraud
Most states have a Bureau of Automotive Repair which takes complaints. hal
No Title
We purchased a new Civic on August 14th using the Cash for Clunkers program.
In early September, we got a call saying they (the Dealership) had to redo the paperwork for all of the Cash for Clunker deals because they did something wrong initially and the government wanted them re-submitted. This seemed a little fishy but the terms on the new contract we signed seemed to match the terms on the initial deal.
It is now October 2nd and we still have not received the title nor a payment book, etc. We got pulled over for an expired dealer tag and luckily we were able to explain ourselves out of a ticket but he did make very clear that, Cash for Clunkers snafu or not, he was in his rights to write us a ticket (which we knew).
We immediately called the dealership to inquire about the title, etc (we had done this before and were told "it's on it's way", the "cash for clunkers" was holding it up, etc). This time they told us that we were late on our first payment and they would not release the title to us until we made the first payment. Huh?? We informed them that we were not making a payment until we had the title in our name.
Can they really force us to make a payment like that?
cash for clunkers
If you want to keep the car-make the first payment and all others on time to the dealer. Under the memo write under protest. If you want to get out you shouls in writing cancel the deal. They are lying so report them to the DSMV and the clunkers program under NHTSA. Hal
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