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Top 10 Auto Scams
Consumer advocate Rosemary Shahan, an expert on "lemon law," is stepping in to pinch-hit for Hal Rosner and will answer your auto-related questions. Rosemary has testified before Congress on behalf of car buyers and has many victories against auto manufacturers, dealers and insurers. Though very knowledgeable, Rosemary is not an attorney and can only provide advice of a general nature. To find a consumer attorney, go to www.naca.net. For more on Rosemary Shahan, visit http://www.carconsumers.com/
Submit your Auto Fraud experience here.
Scam 1. Negative Equity/Trade-In Overestimation
This arises in a transaction that includes a trade-in vehicle when more is owed on the trade-in vehicle than the actual cash value of the vehicle. Generally, a customer is led to believe that the dealership is valuing the trade-in vehicle at the same amount as what is owed (thus the customer won't owe anything on the trade-in.) In reality, the secret actual cash value (the value the dealership is really giving the trade-in) is less than the amount owed. The difference is added to the cash price of the new vehicle (or the capitalization costs of a leased vehicle.) By inflating the cash price or cap costs of the vehicle, you the customer are illegally paying more in sales tax and registration. The dealership may also be violating the laws related to selling a vehicle for the advertised price (a dealership may not sell for more than advertised price.) A similar illegal practice may occur when a lease balance is paid off. These are still illegal practices even when the customer is told what is happening.
Scam 2. Packing (inflated monthly payments)
In a packing case, the customer is quoted an inflated monthly payment. Once the customer accepts the monthly payment amount, the dealership adds accessories (alarms, service contracts, GAP insurance, paint/fabric protection, window etching, low jack, etc.) in order to reach the inflated monthly amount. The customer does not realize that the accessories are optional nor that they are paying extra for the accessories (they are led to believe the accessories are included with vehicle or not told at all.)
Scam 3. Rewritten Contracts/Backdating
Often a customer will not qualify for financing upon the terms on the first contract. The customer may be required to increase a down payment, higher APR, etc. in order to qualify for a loan. The dealership has the customer come to sign a second contract with the different terms but backdates the second contract with the date of the first contract. This affects the finance disclosure laws in that the customer is being charged interest for a time period in which the contract is not yet in effect, etc. In addition to making a material misrepresentation regarding when the customer takes the obligation of the new contract, a backdated contract often also violates the single document rule (explained below) because another form (usually called Acknowledgment of Rewritten Contract) has the actual date when the contract was signed. Further, many customers are not told that they do not have to sign a second contract, instead they can choose to cancel the contract and return the new vehicle and have the down payment and trade in vehicle refunded. Finally, a dealership only has 10 days to tell you they want to make changes to the contract or cancel the contract. After the 10 days, the dealership cannot change the deal.
Scam 4. "Gotta Put It All in One Document" Rule
The law provides that all obligations of both parties must be contained in a single document (this explains why purchase agreement are so long in the automobile industry.) Often, dealerships will have customers sign other documents, such as trade in forms that state that the customer agrees to pay any difference between the trade in value and pay off of a trade in vehicle if it is different than the amount on the purchase agreement (and any associated attorney fees). Or, the dealership will agree to make payments on a trade-in vehicle but not include the trade-in vehicle in the purchase agreement. Another example is a "hold check agreement" (see below) in which the customer agrees to pay additional money towards the down payment on a later date. These documents violate the one document rule.
Scam 5. The Deferred Down Payment Scam
Many customers are unable to pay the entire down payment at the time the purchase contract is signed. Dealerships will allow customers to make down payments in payments (called deferred down payments). The code recognizes these types of payments and requires that deferred down payments be itemized, including the amount and date due for the deferred down payments. However, rather than disclosing deferred down payments are required by the code, dealerships will have customers write checks for the deferred down payments and then agree not the deposit the checks until an agreed upon date. As part of this transaction, customers are made to sign a hold check agreements that states what date the checks will be cashed and also have additional provisions regarding any returned checks, thus creating obligations that are not included in the single document (purchase agreement.)
Scam 6. Changes to the Advertised Price
The law states that a dealership cannot sell a vehicle for more than the advertised price (even if the customer is unaware of the advertised price.) What is an advertisement is broadly defined to include window stickers as well as the usual media ads. If a dealer inflates the cash price of vehicle to include the would, in practice, result in selling a vehicle for higher than the advertised price. (Which in addition affects the amount the customer is charged for taxes, licensing & registration fees and finance charges.)
Scam 7. Using Your Language Against You
Civil Code §1632 provides that if a lease/purchase of a vehicle, is primarily negotiated in Spanish, then a Spanish translation of the contract must be provided to the customer prior to signing the English language contract. This law was recently expanded to include Chinese, Vietnamese, Tagalog and Korean. Failure to comply gives the customer right to rescind.
Scam 8. The Whole Truth About Used Cars
Dealerships are required to disclose material known facts about a used vehicle such as if the vehicle was:
- involved in a prior accident (that caused substantial damage)
- it was a prior rental vehicle
- a lemon law buy back (the vehicle was repurchased by either manufacturer or dealer under the lemon law because of a defect)
- odometer readings not accurate, etc.
They are also prohibited from misrepresenting facts about the vehicle's history (such as its never been in an accident, it was a trade vehicle (when it was a rental), etc.
Scam 9. So is it New or is it Used?
The law requires that a dealership describe the vehicle being purchased as either "new" or "used". A used vehicle also includes a "demo" or demonstrator vehicle (vehicle used by manufacturer or dealership representatives) but often the contract will state the vehicle is "new." Also, some vehicles were previously sold but for some reason returned (usually because the failure to obtain financing) and this vehicle may also be used but is listed as new.
Scam 10. "Certified" Used Vehicles
Several manufacturers and some dealerships have "certified" used vehicle programs. Generally, a used vehicle that passes certain standards is labeled "certified used" and is suppose to guarantee to the customer that the used vehicle is in good working order and free from major structural damage (including prior accidents.) However, a lot of vehicles that don't actually qualify as "certified" under the standards advertised are being labeled certified. Customers are ending up with certified vehicles with frame damage from prior accidents.
Hal Rosner is the founding partner of Rosner and Mansfield, a leading California law firm specializing in auto fraud. Hal has been gracious enough to offer his help to UCAN.org users free of charge. CONTACT HAL
If you suspect that you have been the victim of auto fraud, or just have a general question, post a comment for Hal using the link below and his response will appear beneath your post on this page. You MUST include the following information:
- First Name
- State
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replacing an odometer
I bought a new Toyota forerunner in 1999 and that same year the odometer had to be replaced. The dealership put the new odometer at 1 but gave us papers showing the mileage before it was replaced. We were told it would not affect the trade in value. I was in the process of buying a new Toyota recently at a different dealership and was told that the value of my car was $2,000 less because he would have to list it as unknown mileage. They could not take the paperwork as being valid. Is it true that if the odometer has to be replaced and is started from 1 that the trade in value is much less? Is it true that the paperwork given to us by a Toyota dealership is not valid comfirmation of the mileage before the new odometer was put in?
This manager said that we would have trouble trading our car anywhere.
Auto loan fraud
I was having trouble finding a loan, so the individual selling the car put in touch with a friend of his who as done loans for him before. After about two weeks, the man got back to me saying that he needed to me to change my occupation, income, and amount (higher to make it look like I put down a down payment) that the car was purchased for. I reluctantly went along because I had no other options. I am now finding out that the guy financed the car for more than I thought. My signature is on the application, but the terms are not at all what we agreed on. I have evidence of all of this through e-mail communication. What can I do?
I am in California, but the man who did the financing is in Florida.
Lied to on purchase and now problemswith car ..2 days old!!!
I'm trying to get some information or help for that matter. I went to the dealer last Friday with my father and purchased a new Ford Escape that they were locating for me due to my color and trim specifications. My father could not be there to pickup the vehicle on Monday so they had him sign the co-signer papers prior. I called on Monday morning and after many other calls they finally gave me a VIN number of my vehicle but told me it wouldn't be ready til Tuesday. I went to pick it up on Tuesday with my ten month old son and boyfriend. They were happy to inform me three times that I qualified for the loan myself and didn't need my father and they would draw up contracts with just my name on it. I agreed and signed many a paper and an odometer paper saying my new car had 65 miles on it. I did not check the box saying i saw the odometer as i hadn't seen it as of yet. In the midst of all the car buying hoopla and crying baby I saw that the mileage actually was 629 and asked the salesman if that was correct it seemed like more than was on the paperwork. H dismissed me by saying that they transported the car and that's why and kept on going about other things. By the time I went back inside i did forget about the discrepancy as the dealer also made it seem insignificant. My father was upset when I told hm via phone and I then did some research on my own. i called and asked why and was given same vague answers. After my father's second phone call they admitted to him it was a demo car and that they couldn't do anything about it. Also the sticker actually says that the car was shipped by Convoy (another lie) I went back in on Wednesday very upset about my purchase and asked what could be done and even expressed that it was fraud. They said they would give me a free oil change(LOL). They also offered me a "similar " car for a 'similar"price if I preferred. The sales manager made it a point to say that i wasn't forced to take the car...I made it a point to say although Im not forced I need a car for me and my son and all they had on their lot was not what I wanted (engine wise or trim) so that my choices were taken away. I asked for the contract they had forgotten to give me the day before and they said they would just shred it. I demanded the copy in which he insisted on writing void on it and had me sign one with the correct mileage ( i prob shouldn't have signed it) Anyway now it is Thursday and I'm having car complications (gages all shutting down while driving and every warning light coming on). I am regretting my purchase and thinking this is a major mistake. Do I have any rights? I kept all the paperwork
Defective vehicle
Hi, I am writing this to find out if we have any recourse. We purchased a repo car from a credit union bank on June 26, 2009. Before driving out of the parking lot we brought to the seller's attention that the service engine light was on. She assured us that nothing was seriously wrong with the vehicle. She would have her mechanic to look at it and it would be ready for us to pick up the following Monday.(This is when we would return with our partial down payment.) It just so happened we were able to borrow the money from a friend and decided to pick the car up , then, that Friday. Looked it over again and discovered dark and very low oil, (they agreed to pay for an oil change ) Assured us the service engine light was off and everything ok. Once, we finished getting a receipt and so forth , my spouse left a little ahead to go get the oil changed and filter. He latered told me the service engine light popped back on before he made it to the quick - lube place... he went ahead and got the oil change and headed home , which is about 25 miles away. He then returned to the city 25 miles away , to visit family, and then back to our hometown. (service engine light is still on). Thought the bank was closed saturday so we decided to wait to Monday to talk with bank. In the meantime, on Saturday, June 27, 2009, we continued to drive the car(which is a 2004 Cadillac Deville 4 door sedan;V8 engine) it started going dead and hesitating. When started it took three or four tries before it would start. Upon driving it , it would go dead, but at this time it did start back up. We thought maybe we needed gas because the gas gauge was reading about 1/4 . Upon putting 20.00 dollars worth of gas in the tank, the service engine light remained on. Well, on Monday morning we drove to the city 25 miles away, dropped my spouse off at work. From there I went to a relatives house because it was very early and nothing was open. Once, I left relatives house I wanted to run a couple of errands then go to bank. When sitting in the drive through bank the car started acting like it wanted to go dead. Gave it gas and it made it onto the shoulder of the road and went dead and did not start for over and hour. Called road side service . Then called bank. Car started and made it about a block at a gas station. Pulled on wrong side of fuel door and car stalled again. Afterawhile, the car started and It popped and smoked. Pulled to the fuel door put 20. 00 dollars worth of gas.. It started. However, the tow truck came and let them take it to check out. Talked with bank. they used the warranty, stated that it was the fuel pump that was the problem. Received car back on Monday , June 29, 2009. Coming from the shop my spouse said the check gas cap came on and is still on. Called mechanic and he stated , probabaly needs a new gas cap. We purchased and installed the gas cap, message did not go off. Will we be able to get back all our money if we return the car. The bank says they will not spend any of their money on any repairs. And we don't feel we should spend any money on repairs because she assured us everything was okay with the service engine light. And since the mechanic says he put a fuel pump on the car and now there is a message of check gas cap light is on now and it was not before he supposedly fixed the fuel pump. Why I say that is because the car is acting the same as before. Hesitating and going dead. We really like the vehicle and would like to keep it, and the terms of payment per month are good for us.. however we do not want to have to put any monies into and nor want it in the shop more than we have it at our use. My question is, how long can we keep the car(try to straighten out problems) . And still get all our money back , if it doesn't work.(repairs).. Thanking you in advance.
2009 BMW M3
Hello Hal,
First of all, thanks for answering my questions. Earlier this year, in January, I was car shopping. I have previously owned a Mercedes E550 and Lexus IS models. Great cars!! I was browsing around the dealer because the lease on the Lexus was over. I returned the Lexus and went to the BMW dealer. Before this, i never went into a BMW dealer. I was looking around the cars and found a 2009 BMW M3 Sedan. The salesperson was very kind (of course), to show me the car inside and out. When i requested a test drive, he looked at me like i was asking him for the end of the world. He stated to me that they only let serious buyers drive the car, and only after approval. I assured him that my credit was no issue, and i would like to purchase this car. He still would not let me test drive the car. I left the dealership unsatisfied. Next day, i called around other BMW dealers and asked for the particular car and it was not available because i wanted black on black with a certain package. I went back to Shelly BMW, the original place i went, met another sales manager. They had the same policy of no test drive unless approved. So i gave in, and ran my credit. They said i would be approved for the car. Finally i was able to test drive the car for 1/2 a mile. I didnt even get to feel the car or its drive. The salesperson would not let me go any further. I was in love with the cars look so i bought it. After finance the sales person opened the door for me and sent me home. I didnt know any features of the car at all, especially the BMW "M" FEATURE. I have had the car 5 months and i ABSOLUTELY hate it! The ride is not smooth at all. I am use to a mercedes or lexus ride, and i was expecting the same with BMW. BMW has dissatisfied me greatly. I even gave a negative survey, with no response. my question is...is there any way i can get out of the car since i didnt get enough length to test drive the car? I live in So. Cal..so is there anything i can do. i tried trading it in...but im $25,000 negative. I really appreciate your response.
Thanks!
New or used car
I bought a new car and it had 230 miles on it and they sold it to me as new but Ichecked Car Fax and it had been previously sold in December 0f 2008 and I brought in February of 2009 and I didn't get the plates until June of 2009. I was wondering if I have a case against them?
Auto Loan
Hi,
I co-signed for a relative and he became delquent for 4 months in a row and then the car was impounded. He has paid everything up to date and has recieved the car back.
During this period I wasnt aware of this and I didnt get notification from the lender. What is the purpose of co-signing if they dont notify me. I have asked them why they didnt notifiy me.
They said that I signed something saying that they didnt have to notify me. I looked at my contract and It doesnt say that anywhere.
What are my rights ?
Mary
defective land rover freelander
I bought a used 2002 land rover freelander from carmax which apparently is a defective car because of poor engine design causing the head gasket to fail resulting in engine failure. I bought an extended warrenty with the car and come to find out it doesnt cover any prior existing defects. land rover produced these car from 2002 to 2005 with the same egine design causing thousands of consumers to suffer the same engine failure. land rover never recalled these defective cars because it was to expensive fro them and decided to put the financial burden on the unsuspecting consumer. These cars should not be on the road because of the safety issue it posses to other drivers on the road. In my case I had to take my car to the dealer several times for various problems including overheating. The last time I had to tow it in because the engine failed while I was driving to the dealer to examine the overheating again and constantly missing coolent. Who should be held liable for my lose? Carmax for selling defective cars, land rover north america for not recalling these cars, or is there no hope of recovering the 16,000 dollars I borrowed to buy this defective junk. Please help with some good advise.
Luis
defective land rover freelander
I bought a used 2002 land rover freelander from carmax which apparently is a defect car because of poor engine design causing the head gasket to fail resulting in engine failure . I bought an extended warranty with the car and come to find out it doesnt cover any prior existing defects. land rover produced these cars from 2002 to 2005 with the same engine design causing thousand of people to suffer the same engine failure. land rover never recalled these defective cars because it was to expensive for them and decide to rest the burden on the consumer. These cars should not be on the road because the engine failure occurs without warning. In my case who bares the responsiblity for the lose of my hard earned money that was spent on this defective car which now sits at a land rover dealer who are trying to charge me thousands of dollars to fix something that they know perfectly well cant be fixed. Please give me some sound advise on how to handle this matter.
Thank you for you attention and cooperation.
Luis
30 Days Over
Today is the last day of the 30 days tag. At 1st the car needed a GPS Tracker and it took 2 days to install it. Then The Check Engine Light came on, took it to the dealer to take to the mechanic. He reset it and broke my grove compartment. Also told me to drive and put Alot of miles on it. I did and it did not pass inspection. Took it back, the mechanic said I did not put enough mile to rest the rest of check engine light. Then when I was driving home the check engine light came back on. I called the dealer to give me back my downpayment and 1st payment, he said NO that's not an option. For me to leave the car again. Basically I've been there every week to get these done and up to code for emission, and nothings working. What can I do or can I trade this car in?
Frame Damage
I bought a 00 Camaro SS convertible from a used car lot in League City, TX. The dealer told me the car was in good shape. From the first week I started having problems with the car. I have only owned the car a little over 3 months. I took it to another dealer and learned the car had frame damage. I then took the car to another dealer and received the same diagnosis. The 2nd dealer gave me a auto check report showing the car was involved in an accident in 2005 and from what I can tell was totaled by an insurance company. I went to the dealer I bought the car from and showed him the report. He acted surprised and claimed he didn't know I then showed him where it said frame damage bought at auction. He still denies the car has frame damage. One of the dealers I took the car to told me he must refund me the money that I paid for the vehicle. Is there any truth to this? Do I have to take him to court? I bought the car as is and checked the paperwork I received from the dealer when I purchased the vehicle and found absolutely nothing that disclosed the car had any damage whatsoever.
Floored title
I purchased a vehical at an auto lot, signed only the sales agreement with the lot. The lot then called my bank and financed through them. Every thing was fine untill I didn't get my plates in the mail. I called DMV and they told me they haven't revived all the paper work for the truck. So I called the bank and asked why they didn't send the paperwork to DMV. Bank rep told me that they never got the title from the lot. I filled a comaint with DMV a d found out there was a lein on the title. The bank sent the check to the dealer without reciving the title. The dealer cashed the check and didn't pay the lein. DMV gave me the lein holders name and number, I called him and struck a deal with him because he told me he would repo the vehical. I gave all the information to the bank on the lein holder. Months went by and I couldn't register my truck. So I bought the title and now have clean title in hand and I'm registered. Now the bank is trying to sue me for the title fraud the dealer commited against them. Did I do the right thing? Where do I stand in this big mess? I'm in California
car dealer mis lead the bank and us
I purchased a car in 2005. It was very expensive, but the dealer talked us into it and told us we would have no problem getting it financed. They apparently also rolled our negative equity into it as well. They sent us to our credit union for an "auto equity" loan. We apparently put a lean on our house for this car, stupid I know. Any way, skip to now. We have been struggling for the past 2 years with this payment due to our circumstances changing. I finally decided to call our credit union to try to refinance the loan, since I figured we had paid it down quite a bit. When going over the specs of the car, I was shocked to find out that the car dealership had misrepresented our basic yukon to the bank in order for them to give us such a large loan. Now our car is REALLY upside down and we are stuck. They faxed them the specs and said we had captains seating, running board, six disc cd changer, leather seats, heavy duty towing package, entertainment system, etc. They even gave an incorrect vin number. We have a very basic model. I had the credit union send me the paperwork from the loan. I actually remember them having us drive a different car to the credit union to fill out the paperwork. Now I know why. Is there anything illegal about this, and what can I do if there is? It was an 84 month loan so we still have 3 years left to go.
I have the title, but can't get it in my name!
I bought a 1964 Pontiac a few years ago with the intent to fix it up and sell it. The person I bought it from said he was selling it for a friend. I have the title and it states that in 1973 the owner must have died and beside her name is another name and (POT) Power of Attorney. When I went to the Motor Vehicle today here in Virginia, they said I needed a copy of the Power of Attorney in order to get a title in my name. There is no way I'll be able to get that Power of Attorney because this happened in 1973, and now I can't even reach the person who sold me the car, both telephone #'s I had for him are disconnected.
What can I do?
title in name
Dear Brenda,
Looks to me like the DMV is not being exactly helpful, given the long time that has elapsed since the car was sold. Try going up the chain of command at the DMV until you find someone who will help you get this resolved. If that doesn't work, ask your state delegate if they will help you deal with the bureaucracy. Most state legislators offer constituent services and help people in their districts get snafus like this addressed.
A "Too Good To Be True" Scam?
I recently received a letter from my Toyota dealer saying, "We'll buy your vehicle for cash". Here are some of the finer points:
"Toyota of xxxxx wants to buy your vehicle for Cash! We need to acquire pre-owned vehicles by July 15, 2009., you have been identified as an owner of one of these vehicles and Toyota will buy your current vehicle for Cash! You have the option to take the cash or trade in your current vehicle for any New 2009 or 2010 In-Stock Toyota or a qualifying Pre-owned vehicle. With special lease financing and interest rates as low as 0% APR..." and on and on and on.
So I think to myself, "Surely I don't qualify because I am only half way through a Lease!". But I call the guy and ask him and sure enough, he says I do qualify - even if I lease! Wow! I can have someone pay me to walk away from my lease....or can I? Can someone please explain what is going on here???
Thanks
Jim
Florida
Hi, I hope this helps.
Hi, I hope this helps. First, contact your lessor to clarify the terms of your contract to find out who will be liable for the remaining months' payments or if it can be waived. One of the things you can do is get a Payoff Quote. It's the price you'd have to pay if you buy the vehicle that you're leasing. Now, to find out if there's actually some truth to that program being offered to you, compare the amount that they're offering to the payoff amount. Also, one thing you can check is the bluebook value, or current resale value, of your vehicle and compare that to the price being offered to you. Although I have not yet come across that kind of program, I agree with you that it seems that there must be some catch somewhere.
Pre-Approval to Exercise Lease Option Not Honored
My 3 year lease on a Nissan Altima ended on June 10th. I accidentally missed the date and realized this on the 16th. I immediately called Nissan. They gave me a 15 day grace period on the that went to the 25th. Also, without my asking, they informed me that I was pre-approved, with no credit check for a monthly payment of $235.00 that could be used towards a new car or to purchase my car. I was given this pre-approval on that day of June 16th. I made arrangements to purchase the vehicle at a dealership within the grace period. When I got to the dealership I faced tremendous pressure to get into a new lease with my pre-approval code. I resisted and simply wanted to exercise my lease buy-out option as there is equity in the vehicle. Dealership said "OK" come back in 2 hrs to sign paperwork. I then receive a call from the dealership claiming that the pre-approval was not good to purchase my car but only good for a new car or lease, or any used vehicle off their lot. Claiming they use the trade- in value when exercising buy-out options to determine loans credibility. But I could get 120% of value on a loan that I purchased from them. I figured I was being scammed by the dealer and forced into a new lease. I called Nissan Motor Acceptance Corporation. They gave me a different reason for not honoring the pre-approval, claiming that it expired on the 10th of June. This can not be true as I was not notified of the pre-approval until the 16th. I believe the reason they choose not to honor it is that the dealership made my fill out a credit app in order to purchase my vehicle even though I was told it was with no credit check. I have just completed graduate school and so I am not behind on any payments but do have a fairly large amount of money owed. After they saw my credit app they refused to honor the pre-approval with no credit check. Also, the dealer had claimed to apply for financing through a bank for me, I checked and no application was ever filed. Also, the dealership, not knowing of my discussion with NMAC told me my pre-approval was 100% good for any new vehicle and that there was no possible way that it was expired. I should have refused to let them run my credit and honor the pre-approval, lesson learned, however I believe this must be illegal?? Thank you for any possible help.
leased vehicle
Hi, and thanks for taking the time to read my comment. First of all I am leasing a vehicle from Chrysler I leased a 2007 mega cab dodge ram back in Oct. of 2006 and make large payments of $570 a month, but as you know I am worried and with a doubt about chrysler since they filed bankruptcy and now an allied with some chinies corp. but my concer is , what if I cant afford my payments any more but want to keep my vehicle? in other words want to purchase out my lease? is it possible they can resale me my truck for lower price and lower payments? also another concern that I had is that they had me go in twice to sign my contract I have both but the first time I took my time in reading the contract and I initaled all that i agreed with but the second time they called me said the lease contract papers where wrong per they had my last name as my first name and so on, so I went for my lunch which was only an hour and the dealer was about half hour away so I just went down the line and initaled all and signed. I feel as if there is something fishy about it and by the time my lease ends something is going to come up that i verbaly didnt agree with. can you please help me? I'd greatly appreciate it thanks so much
Auto Scam from Karz Plus and Lobel Financial
I purchased a Dodge Durange from the Oceanside, CA Karz Plus Dealership off of Coast HWY in April of 2009. There were some things that they still needed to fix on the car and they took care of that. Two days after I drove the car off the lot it started overheating on me, so I took it back to let them know. They had their mechanic look at it and according to the mechanic the issue was fixed (fan not wired correctly according to him). Last week June 17, 2009 my car broke down completely. The car started to overheat two days before June 17 and I was very concerned about this until on Wednesday it completely broke down on my on HWY 76 on my way to work. My father who is a retired mechanic met me on a close by parking lot area and said it was the head gaskets, they were blown, plus the water hose had broken completely. I called the dealership that same day and told them what happened. The first thing they said was I bought it with a 30 Day as is and they could not do anything about it but would leave a message to the manager to see what they could do.
After contacting Yuliam (Secretary) Karz Plus at 760-754-0500 the first day of my car breaking down I waited and waited and never heard back from them, in the meantime I was scrambling trying to find a mechanic that would work on the car and allow me to work out payments on the price of the work the car needed. I finally found one and had the car towed to his establishment on Friday afternoon. The weekend went by and I had to spend days with my sister since I commute from Temecula to Oceanside to get to work I was basically stranded in Oceanside. My kids had to spend days at different friends' homes to help us with the situation. Finally on MOnday, June 22nd I get a call from Karz Plus saying they could help me fix the car by them extending the 30 day warranty to allow me to get the car fixed with a 50/50 parts and labor and loan me a car. I had the car towed once again to their selected mechanic from my originally hired mechanic who had given me a estimate on the work to be $1800 but he advised me that the car needed a new engine since there was a lot of damage. My mechanic said this was an original problem with the car and it seemed that it was sealed so the car could be drivable causing it to break down completely and the engine to get so damaged. Karz Plus had the car in their possesion and still no loaned car from them, instead lots of running around. My 2nd car payment was due on June 19th and since all of this was going on I tried calling the finance company Lobel Financial to arrange to pay the payment later and help me pay the car repairs. Of course they do not work during the weekend and I could not get a hold of anyone. Once I did I made arrangements with them to post my payment on Friday June 26. Karz Plus (I have also been in contact with an Erick - Manager at the Escondido Dealership 760-233-8883) refused to loan me a car or even start any work on my vehicle until a payment had been made. I told them of the arrangement I had made with Lobel Financial and Karz Plus said it was not considered a payment because it was not to take place until Friday June 26. Once my payment had been taken care of the car would be fixed and I could get a loaner. I was forced to get a rental to help me get back home after staying with my sister for a few days. Karz Plus has had the car in their possession since and in spite of my request for a CarFax, documentation in writing, or anything type of arrangements I have received none. I called the Lobel Finacial after going to the dealer on Tuesday to let them know what was going on regarding my post dated payment and Lobel decided to freeze the account, cancelling the payment arrangement I made and they told me they would not accept further payments from me until the dealer fixed the car completely. I told Karz Plus of this so they refused to fix my car or give me loaner until I gave them a cash deposit of $450.00 to offset the cost of repairs that were estimated by their mechanic to be $1200.00, and for them to provide me with a loaner. I have also triend to contact the manager Erick from the Escondido Dealership at 760-233-8883 and requested his last name, but they refuse to provide me that information. Since this I have tried to contact Lobel Financial leaving several messages to a Patti at 714-816-1347 or the Corporate Manager Joseph Sarmiento at 714-816-1340 and so far neither have returned my phone calls of me asking what is going on with the car. On Wednesday June 24 I went to see their mechanic Gustavo and see how long it would take for the car to be repaired, he proceeded to tell me he had refused to fix the car for them because Karz Plus wanted him to make whatever type of repairs possible that would not exceed $600.00 in order for the car to run again. He told them the car needed extensive repairs and $600.00 would not be enough to cover all cost, so Karz Plus decided (without letting me know) that they would move the car to another mechanic in Escondido. It is now Thursday June 25th and I have yet to be notified of the car being moved, Lobel Financial has not contacted me to tell me what is going on with my loan, or to let me know anything at all. AT this point I am with no vehicle and my friend had to help me by paying for the rental. I need legal help to help me get my down payment back plus the cost of the car I traded in to purchase this vehicle. I need to buy another car to help me get to work everyday. Please help!!! I am a single mother of three children and have no other recourses for money.
Very shady deal
I feel stupid, but on 5/16/09 I put down $200.00 on a used 1996 Ford Escort, with the receipt saying "pending title". I paid the remaining balance of $1050.00 on 5/23/09 and took possesion of the car, and the bill of sale says "pending title with 20 day plates". Here is the kicker.
I have not recieved the title yet. I purchased the car from a used car dealer in Massachusetts. He stated that he was actually out of NH, but rents the lot in Mass. He also said he can only sell so many cars under his license per year, so he sells them under a license of his friends dealership in Maine. He verbally said the car would pass a safety inspection multiple times on two occasions. After driving the car for the first time this Tuesday (I had to get my own temp plate to drive it) the check engine light comes on. The codes read that the catalytic converter needs to be replaced, and one of the sensors for the evap. system is bad. I immediately called the dealer and was told he wouldn't make any money on the car if he fixed it. I said he can take it back, and fix it, and resell it for me if he wants. He refused of course.
There is still no title, he claims he got the car from a dealership that went out of business, and they have applied for a title, and so has he, and 6+ weeks later there is still no title (it will be here in 5 days is the typical response).
Appon closer inspection of the bill of sale I see that he didn't even sign his name on it!
So here are the main points....No title after 5 weeks....bill of sale not his name...used a liscense from an out of state dealer to sell the car to me, and didn't even meet the law requirment of that state (Maine). He also became very rude and yelled at my Fiance over the phone when she questioned him on the title today.
At this point I just want the car gone and my money back. Any suggestions?
We filed a complaint with the MA attorney general today...but we all know how the government works at a snails pace.
RE: Am I bein scammed
Iliana,
State of California;
So I bout a car from Toyota dealership recently and I got a call that I need to come in and sign a new contract somethign about the bank not approving loan so they lowerd the price on the car.
I had a lease : that I was upside down on meand I owed more money that It was worth so what the dealer did was roll over 4,585.00 to the new car which meant that a 19.204 car is now costing me 26,532.73
The roll over amount was calculated by:
Agreed Trade in Value of: 1000
less prior credit or lease balance: 7585.00
Net Trade In: -6585.00
Manufacture Rebate: 2000
Why could they just not wipe out the negative equity ? ?
Am I being scammed or can they do this...
auto fraud??
We recently went into a dealership to look at buying a used car. The guy who was helping us went and talked to some people and said that We DID NOT qualify for a used car but did qualify for a new car. which when we first went in to look at buying a used car told them how much we make a month and that we needed to stick with this bugdet, They said they could work with that. We ended up buying the new car without even thinking about it, Then we tried to take it back on the grounds of the 3 day law ( buyers remorse) and they said that only applies when the car is delivered. We then realized the day we tried to take it back that we had mis calculated the amount we made. We then get a call saying we don't make enough to purchase this car, and they would have to verify with the employer. Which we told them in the first place that we did not make enough for this car they said they would work on getting the payments lowered and still made the deal. Its been 8 days since we bougth the car, have not heard anything on if they could find someone to buy the contract. We are wondering if they are waiting till the 10 day period is up so then the deal can not be canceled.
Is this in any way on the lines of auto fraud? and what should we do??
used car won't drive
I bought a used 2003 escape and 6 days later the car stopped driving. it wouldn't go over 35 mph and the car would shift out of 2nd gear.
the car is under warrenty so i took it back to the dealor who then had to tow it to another dealor because they couldn't find the problem and now this new dealor doesn't know either.
Clearly if its something with the transmission or engine this had to be going on for a while and it couldn't have just incurred for the 300 miles i only drove it. can i ask for my money back. What should i do. so upset
title registration fees
My husband and I both purchased a car out of state and requested to have registered in state of record in FL (military can do this) we both paid our yearly registration fee 13 days before purchasing both vehicles and we were told we still had to pay a FULL yrs registration because the dealership was required to collect the full amount send it to the FL county of record and the local office would refund us the amount overpaid.
(I have actually see this happen on our other previous auto purchases) After 6 month of the typical run around I just now found out that the auto dealer only sent in $4 due on mine and $31 on my husbands. and the auto dealer kept almost $300 of our combined registration fee. I questioned the dealership and was suppose to get return call this did not happen and the responsible person will not take my calls.
Is this illegal and are we entitled to receive or overcharged registration fees back from the dealer?
I TOOK A CAR OFF A DEALERS
I TOOK A CAR OFF A DEALERS LOT ON A MONDAY. THEY RAN MY CREDIT PRIOR TO KNOWING IF I WERE GOING TO PURCHASE. AFTER DECIDING TO PURCHASE I GAVE THEM A DEPOSIT, WHICH THEY AGREED NOT TO CASH UNTIL APPROVAL, AND THEY SAID I COULD TEST THE CAR AND COME IN TWO DAYS LATER TO SIGN FINANCE PAPERS. THE LOAN WAS NOT APPROVED. I SAID I WANTED TO BRING THE CAR BACK. THEY SAID NO WE WILL HAVE YOU APPROVED BY FRIDAY. THE TOLD ME TO TELL THE LOAN COMPANY THAT I FILLED OUT THE LOAN REQUEST ON LINE AND THAT I MADE MORE THAN I ACTUALLY DID. I DID NOT OF COURSE.THE CHECK WAS CASHED. THE LOAN NEVER APPROVED. TOLD THEM I WAS COMING BACK WITH CAR. THEY SAID I WOULD BE ABLE TO COME IN ON THE NEXT MONDAY THEY FOUND SOMEONE TO APPROVE ME. ON THAT SATURDAY MY SON WRECKED THE CAR. MY INSURANCE SAYS THEY ARE NOT PAYING. THE DEALERSHIP IS TRYING TO GET ME TO LIE TO THE INSURANCE COMPANY. THE TOWING COMPANY WANTS THE CAR PICKED UP OR A LIEN WILL BE PLACED. I DO NOT HAVE THE TITLE OR REGISTRATION TO DO THIS. PLEASE HELP. I AM A SINGLE MOM TRYING TO HELP MY SON GET A CAR AND I AM NEW TO ALL OF THIS AS MY EX USED TO TAKE CARE OF THESE THINGS. THANKS FOR YOUR TIME AND HELP
BRENDA
new car contract - Texas
A good friend is trying to purchase a new truck in Texas. A payment was agreed upon and a contract signed. The dealer took the trade-in and my friend has the new truck however, the dealer did not provide a copy of the contract saying that a pay stub has to be provided first. I advised him that the dealer must provide a copy of the contract, but they are refusing to do so. My friend now wants to return the truck and cancel the deal but the dealer is refusing to accept the truck back.
Obviously there is something going on here but I don't know what the next step should be . I need to know if my friend has a right to demand a copy of the contract and what can be done if they refuse. Can he report his trade-in as stolen? Does he have to wait the 10 day period for the original contract to be binding?
Thank you in advance for your help.
new car contract -- Texas
Dear Vincent,
Since they are refusing to provide the contract he signed, he should start to create a nice paper trail by writing them a simple demand letter requesting a copy, and sending the letter certified mail so he has proof they got it.
If they continue to stonewall, the next step would be for your friend to file a complaint with the state motor vehicle department. If they still don't provide it, then he should seek advice from an auto fraud expert in your state who can go to bat for him. www.naca.net has a list of attorneys by state and area of expertise. Many are willing to talk with car buyers for free to give them some idea about their legal rights.
Would not be too surprising to find out that they have altered the agreement or forged his signature on a different contract.
Can't finance negative equity
Bought a car on Friday morning and traded in my old car. I owed $10000 and they gave me $5000 and rolled over the rest. I told them if they couldn't roll it over then I would just keep my car and sell it private for hopefully more money. Now my old car has already been sold at the auction and I am driving the "new car". Dealership calls me MONDAY night and says that the bank won't finance the negative equity on the loan. Now they want me to bring them a check for $2000 to help pay off my old car and they are going to offset the negative equity by lowering the price of my "new car". I feel like they decided they didn't want to pay me $5000 for my old car or didn't make enough on it at auction so now they are trying to make up for it. Am I being scammed? My bank said they wouldn't finance a new car loan if I had negative equity so that's why I made the loan through the dealership. That's why I traded in my car and signed the contract. I have until Thursday morning to go back and sign paperwork. What do I do????
Can't finance negative equity
Dear Teacher.
You're smart to be skeptical. This looks like an attempted yo-yo transaction That's a scam where the dealer tries to change the terms of the agreement after you have signed one contract, to extract even more. Here's info about yo-yo financing:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
Here's a video with more info about yo-yo transactions:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Before you go back and sign anything, talk with an auto fraud expert in your state who can advise you how to rescind this deal and get your money back, without having your credit harmed. www.naca.net has a list of consumer attorneys by state and area of expertise. A lot of times they are willing to talk with car buyers for free to give you some idea what your rights are and how to deal with common scams, under the laws in your state.
serious trouble on payment
I bought a 2003 mitsubishi eclipse. I been paying them well for that past few years, but when i got a divorce I started being late on payment. Since last November og 2008 I stop paying them. They have treathen to repossessed the vehicle , but i always was able to stop them from doing it. The last communication I had with my creditor was few months ago. I still have my vehicle it has major repairs that needs to be done and I can now start paying the loan. Well, what shoud I do if they already listed it as theft /missing because I have not pay on it for a wahile...
I am willing to pay for it now and repair the vehicle and start using it again. Can i still renew the registration and get insurance on it without getting in trouble? Please help me!!!! I really need your help on this one..
Thanks,
Concern citizen...
serious trouble on payment
Dear Trina,
You still owe them for the car, and there are no doubt some penalties that have accumulated as well. Check with the lender and ask them how much you would have to pay to get current again, and whether they will accept your resuming the payments.
Sometimes creditors are willing to work with you if you show that you are responsible and willing to live up to your commitments. But it may be tough, since it has been so long since you made a payment.
Also find a good non-profit credit counseling service in your area and ask them to help you sort this out. Ask your local Better Business Bureau to recommend a reputable, non-profit, FREE credit counseling service that can assist you. Sometimes they are able to persuade a lender to work with you and accept the resumption of payments, rather then repossessing a vehicle. It's worth a try.
Dealer Has Not Paid Off Trade In (California)
I recently purchased a car, trading in my previous car. I was upside down almost $5,000, which was rolled into my new car's loan. It has been over three weeks, and I am now getting notification from my previous lender that the loan has not yet been paid.
How long does the dealer have to pay off the car I traded in? What steps should I take at this point to protect my credit? Are there any other issues that I must be concerned with? Thanks!
dealer has not paid off trade in
Dear Eric,
Unfortunately, this has become a very common scenario in California and other states across the country. Dealers are failing to pay off liens, as agreed, ruining their customers' credit and sometimes causing them to lose their vehicles and their jobs.
Contact your creditor and explain what has happened. Ask them to work with you to get this resolved. If you can afford it, make the payments until this is cleared up. Complain to the DMV and to your state legislators, who have constituent services and can sometimes help get things resolved.
Contact an auto fraud expert who is familiar with these issues, who can check out your specific documents and advise you about how best to protect yourself under the circumstances. www.naca.net has a list of consumer attorneys by state and area of expertise.
Also feel welcome to call CARS, at 530-759-9440 for more info.
WE for a year lost our job both me & my husband self employed
We Would like to renegociate our monthly payment with the dealer for our Lexus dealer in Cerritos ca what is our option ?
Lost job, how to renetotiate payment
Dear CDR,
Before you try to get the dealer to lower the rates, join a credit union and ask them to see what you would qualify for, given your payment history. Usually credit unions have better rates and less risky loans to offer. Then if you want to comparison shop for credit, check with the actual lender who has been receiving your payments and ask if they can give you better terms than the offer from the credit union.
Make sure you read all the terms and conditions and don't agree to another loan that would drown you in negative equity.
Motorcycle
Hello, I recently purchased a used motorcycle from a dealership... When buying the bike i looked it over very meticulously for signs of it being crashed, in which i could find nothing. I asked the sales man if it had ever been tipped over and he said no. now That i get the bike home and look inside the fairings with a flashlight i can now see the the bike has been crashed because the clips that hold the plastics on the side are broke off as well as the metal parts coming off of the frame that hold the plastic clips are bent. Now when i ride the bike i can hear the plastics on the side making loud vibrating noises! I bought the bike certified used from a dealership that told me it had never been dumped which indeed it has............ What would you do about this situation....My in house warranty will be up in less than 20 days so i would like to find out what i can do before then....... Any help would be much appreciated as this is the first vehicle i have ever bought and i have no idea what to do....... Thank You
Dealer scams and depreciated vehicles
On the topic of dealership scams, I have to say that FL takes the cake. I was misled into a purchase and am now stuck with a high monthly payment for 6yrs on a $16K sub compact vehicle. At the end of that term I would be paying twice that amount, How do they do it you ask?. Between your poor credit and being convinced that you will have a high resale, reliable and dependable vehicle, you can't refuse the offer. In my case I really needed to have another car since my wife and I work and we are far from each other. Of course this was a newer model vehicle so there were no reviews to look at. The offer is too good to be true but you want to believe so badly since that new car is all you can think about.
Since many dealerships have a relationship with certain banks, it only took a few hrs and you have a contract. Within 2 weeks, the dealership itself had closed. I could not contact anyone. Several of the dealerships that sold that 'make' is now gone. I have no one to call or bring my car to unless I travel way out of my area. Dealerships in Florida were closing due to their illegal practices and loss of sales. I tried to trade my vehicle only to find out it doesn't have any good resale value. It has dropped about 7K in less than a year. Calling the bank to negiotate a lesser contract was not an option. Bringing it to a dealership means all that negative equity getting rolled to another vehicle. What is your suggestion?. I don't intend to keep a vehicle that will continue to depreciate and that will cost me over 28K.
Thanks
bought a car in ks
the title from the dealership said 62,000 miles but when we drove it away it said 85,000 miles is this illegal?
bought a car in KS
Dear Richard,
The federal odometer act prohibits misrepresenting the odometer reading. However, that doesn't stop many shady dealers. So now tampering with odometers is a common but serious form of fraud.
Keep the title and the odometer disclosure on it. Ask an auto fraud expert in your state to assist you. www.naca.net has a list of consumer attorneys by state and area of expertise. The federal law is pretty strong and has some teeth. Ask any attorney you retain to represent you on a contingency basis, which makes getting legal help affordable.
car fraud?
hey I looked up a car it is a 2007 camry for 5700 and it looks too good to be true but at that time i believed it and contacted the guy through email(doesnt wanna talk on phone), he says it all good, and we should buy it through ebay and i read what ebay said
it says we are covered if we pay the money and dont recieve car etc. so please help me out do you think it fraud? if so why?
car fraud?
Dear Sabin,
You're smart to be wary and question whether this is a good idea. I would never buy a car sight unseen over the internet. Never. It's way too risky. If you ended up with a vehicle that sustained prior damage that wasn't disclosed, it could cost you a lot more for repairs and if it's not fixed right it could maim or kill you or your passengers or others on the road. If you are cheated, trying to collect from E-Bay is a pain.
Instead, find a good, safe, reliable used car by shopping carefully and in person. Take any car you're interested in on a test drive. Insist on getting any car you're interested in buying inspected by a qualified technician and body shop BEFORE you agree to anything. Here's a video with info about how to avoid common car buying scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Good luck. Hope your next car is a peach!
Total Sales Price
On my trade in I was supposidly given more for my car, however I made a down payment of 3,000 dollars. On my total sales price on my retail installment sale contract simple finance charge they include the extra money given for my vehicle in with my down payment. However, this doesn't seem to affect the payments in any way and it looks like it increased the amount I paid for the car. The finance officer at the dealership "Ferman dealership," says not to pay attention to this contract, he says the buyers order contract is the only one that matters. I don't trust this because why would you go through the trouble of having me sign a contract that doesn't matter? Is this guy trying to cheat me?
total sales price
Trust your instincts. You are smart to question this. When the figures don't add up, that's usually because the dealer pulled something like "swallowing" the traded-in vehicle -- leading you to believe you are getting a good deal, but actually cheating you.
Best thing to do is to take a copy of your contract to an auto fraud attorney (www.naca.net lists them by state and area of expertise) and ask them to review it and figure out if you were scammed.
title loan
I recently got a title loan on my car to help pay some of my bills but I lost my job and my car broke down so I haven't been able to pay the title loan place any payments. I called them and explained my situation but they reposessed my car anyway and said they are going to sell it at an auction. Can they legally sell my car if they do not have my title only a copy of my title? Is there anything I can do to get my car back and stop them from trying to sell it?
title loan
Dear Kee Kee,
Car title loans are usually just a form of legalized car thievery. In some states, there are prohibitions on how much interest can be charged, or a flat-out prohibition on car title pawns. Check with your state's attorney general and ask what the laws are in your state. You can also talk with an auto fraud attorney (www.naca.net has a list by state and area of expertise). Often, they are willing to provide legal counseling pro bono (as a public service).
Meanwhile, send a letter via express overnight mail to the car title loan company offering to redeem the vehicle and asking them what steps you need to take, and the total amount needed to regain possession. Keep a copy for your records and keep the receipt from sending it, as proof it was sent and received. Usually, if you can possibly redeem it, and have your credit restored, that is waaaaay better than having a repo on your record, and losing your car.
In the future, instead of resorting to risky loans, join a credit union and ask them to help you find out how to improve your credit score and qualify for a regular loan, with lower interest and far lower risk. Ask your local Better Business Bureau to recommend a non-profit credit counseling service that can help you hone your budget management skills, so you can save up and have more financial stability.
Good luck!
v 6 not v8
ok during the height of last years hight gas prices i decided i could get a good deal on a v 8 truck the contract lists it as a 5.3l v-8. I had been taking it to the dealer for the service and the service reports showed it as a 5.3l v8, i only have one service report now. i found out it was a v6 from midias while getting new all terrian tires. I went to a lawer he told me cuz i signed a arbitor agreement i cant do anything but go threw a arbitor. The price deference is $7,0000. from a v6 - v8 before i go and do this mediation what can i ask for and what should i look out for
V 6 not V 8
Dear Owner of a V 6:
In my humble non-legal opinion, this should be a pretty open-and-shut matter, where you were cheated and sold a V6 while you were charged for a V8. To be absolutely sure, confirm the number at another dealership for that make.
Unfortunately, nearly all auto dealers are now slipping mandatory binding arbitration clauses in their contracts, which mean you lose important rights and protections -- unless you can overcome the arbitration clause. Basically, arbitration means you have to submit your dispute to a decision maker chosen by the dealer, instead of being able to take the dealer to court.
But --some attorneys have had success challenging the arbitration clauses. Here's what you can do:
Find out who your member of Congress is, and complain to them. If they hold a town hall meeting in their district, make a point of meeting them and asking them publicly what they are doing to protect car buyers from being cheated. Ask them to work in Congress to prohibit auto dealers from being able to get away with cheating, by hiding behind arbitration clauses.
This raises the profile of your case and may lead the dealer to conclude it's smarter to just do the right thing. It may also help change the laws so you have more protection in the future.
Here's more info about arbitration and how unfair it is to consumers:
http://www.givemebackmyrights.com/
You can also get another opinion from another auto fraud expert, who may be able to defeat the arbitration clause. Check out www.naca.net, which lists attorneys by state and area of expertise.
For next time, when you wish to buy another vehicle, make sure to have it inspected by your own independent technician BEFORE you agree to anything. The fact it's a V6 should turn up in the inspection right away.
new car and sateelite radio does not work
I prchased a new jeep liberty cash the salesperson guaranteed everything in the vehicle worked , I DROVE OUT OF THE LOT AND DISCOVERED THE SATTELLITE RADIO DID NOT WORK i brought it back to the dealer and they tell me they have to order a new radio. In the mean time my vehicle is sitting inthe shop awaiting the new radio, they got me a rent acar , but it is not comparible to what ,I puchased. I am dissatisfied and I WANT TO CANCEL THIS DEAL. wHAT ARE MY RIGHTS OR WILL THE VEHICLE THAT i paid cash for just sit there until this so called new radio arrives/
new car and radio doesn't work
Dear Texas consumer:
I can understand why this is frustrating for you, but (in my non-legal opinion) doubt you would be able to rescind the contract. Why not ask to have your car back and at least be able to drive it until the radio arrives and is replaced? While the dealer is being accommodating and providing a rental, it is not the same caliber and you might as well drive the car you bought until it's fixed.
Make sure you keep all records from this, and other, transactions and if it keeps needing repairs, scope out your state lemon law.
My other message
Im sorry i forgot to include that im from Texas. Out side of Fort Hood thanks
My mustang...
Hello,
i was reading the site and alot of this sounds like i got screwed haha. Ok so me and my husband got our first car together at a used car lot. Well we both new that used arent always perfect. Well when we got the car NOTHING looked or felt wrong on the car. Well 2 weeks after we got the car... everything started changing.... We found out than that the tire rod was bent and we had also already had a tire go flat. Well i paid 100$ and got the tire rod fixed. Well shortly after my clear coat on the paint started to come off. the car lot said they cant help me with it. Well also My car has been repainted after they have told me it. A guy at the ford lot told me it had been. well i figure ok whatever ill never go back here again if thier going to treat us so badly. also when we bought the car we had realized the first time we rolled the windows down.. The window was on the track. well they said they would fix it...but no they made it 2 as bad. the lighter in the car... isnt even the one that goes in thier. i have to replace the wires and all because its all blown. i guess they didnt check that. So ya i dont no how im going to find my way to get my husband when he comes home from iraq because i cant seem to find a lighter u less i go to the lot itself and thats just one more thing i would have to pay for. I new that used cars could have problems.. but seriously i have had the car since December and EVERYTHINGS going wrong. i also think my alternator is going... is thier anything i can do about this? i cant afford a lawyer or anything again... my husbands in the army and all our spare money is going towards fixed the car. could you please give me some advice?
My Mustang
Dear Samantha,
First, thank you and your husband for your service to our country. I was married to a Navy guy for 20 years, and I have tremendous respect for our servicemembers and their families, especially in these times and with the mission you face in Iraq. May God bless you.
Now about your car -- The Army Emergency Relief Fund may have funds available to pay for repairs to get your vehicle running properly. Check out Car Talk's mechanics files, at http://www.cartalk.com/content/mechx/ and find a reputable, qualified mechanic in your area, get the car inspected, and find out everything it needs to be safe and reliable transportation. Then see if the Army ERF will assist you in getting the car fixed.
Next, find out what your rights are, and if you may be able to get a refund or at least recoup any expenses for repairs. Talk with your JAG office and see if they can give you some pointers. You may also be able to get legal advice from a civilian auto fraud attorney (www.naca.net has a list by state and area of expertise) . Many times, they are willing to assist members of the Armed Forces and their spouses on a contigency basis (no charge to you, and the dealer ends up paying your attorneys fees), or pro bono (as a public service).
For next time, when you are considering buying a used car, be sure to have it inspected by an independent, trustworthy mechanic BEFORE you agree to anything. Here's a video with tips about how to avoid getting stuck with a lemon:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Also, get a copy of the July issue of Mother Jones magazine, which has a great article about how car dealers are scamming our troops. You are not alone. Far from it. A large bookstore or your local library may have a copy, or you can order it online.
Best wishes!
registration
The auto dealership I purchased a truck from did not finish the documentation process of the registration to the DMV and the registration expired 9 months ago. The DMV will not give me another extention and the dealership says the paper work is lost. What can I do ? Can I sue them?
registration
Dear Pete,
Don't fall for the "paper is lost" ruse. You bought the truck and are entitled to have it properly registered.
You may be able to sue, to get this cleared up. Check with an auto fraud attorney in your state who can advise you about what steps you can take to get things resolved. www.naca.net has a list. Often, if a dealer hears from an attorney, they will suddenly decide to do what they should have done a long time ago.
It's also a good idea to take action before you lose the truck. It may be that the dealer took it in trade and never bothered to pay off an outstanding lien -- something that leaves you vulnerable to having your truck repossessed by the former owner's lienholder -- even if you make every payment in full and on time.
Here's a link to news reports about more and more dealers selling cars without having title to then, or paying off the lien balances they owe:
http://www.carconsumers.com/Bailout_news.html
contract signed and down payment paid
i just recently paid my chapter 13 plan off in 3/09, and file for discharge on 6/1/09. I went to a car dealership on 6/6/09 and was appoved for a used car with 1250.00 down on the 10th day, I received a called from the dealership saying the company wanted my dischage letter. The dealership was well aware that I only had the court order where my attorunty had file a motion to discharge my bankrupcy. Now the are telling me that the finance company want finance me untill my bankrucy is discharged, which should be in a couple of weeks. I have alredy purchashed a tag, insurance that totaled 1000.00 plus 1250 down. Will I get all of my money back????
contract signed and down payment paid
Dear Gale,
Looks like the dealer may be trying to yo-yo you -- leading you to believe you were approved, then changing his story and demanding something you can't provide for a couple more weeks. If the dealer wants to change the terms and charge you more, or a higher interest rate, then it's a scam. Check out this report on CNN about yo-yo financing:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
Here's more info about yo-yo financing and what you can do if the dealer is trying to scam you:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
If you don't have the car, and the dealer refuses to give you back your down payment, you can talk with an auto fraud expert (www.naca.net has a list, by state and area of expertise) and see if he/ she will help you get the downpayment back. A lot of times attorneys are willing to help with such circumstances, pro bono (as a public service).
Also, you can ask your bankruptcy attorney, who may be able help you figure out what is your best course of action.
Good luck getting this resolved and getting back on your feet.
about my car in ga
last july i bouth a 2007 c280 mercedes benz at Rick Hendrick Chevrolet car fax showed the car never been in a car accident. i purchase the car after couple months the car giving me problems i went to a mercedes dealer because i'm still under warranty. the dealer find out that the car was in a major accident. another mercedes dealer fix the weck when that happen it cost $22.613.00 to fix the car. the car should be total. i called Rick Hendrick Chevrolet they dont want to negotiate with me. i ask for my money back they said no they go buy car fax they didnt do anything wrong. please help me what should i do?
CA dealer sold a rebuilt wreck
Dear Gerda:
Carfax's database is full of holes and does not include prior wreck info on many damaged vehicles. Dealers know that and try to use it as a excuse. Don't fall for that, and don't let that stop you. Get advice from an auto fraud expert in your state who may be able to help you get a refund, at least. Www.naca.net has a list of auto fraud experts, by state.
In general, selling someone a vehicle that sustained major damage in a wreck, without disclosing it, is considered a serious form of fraud. Meanwhile, drive the vehicle as little as possible, since it is very likely unsafe to drive.
For next time, be sure to insist on getting a qualified, independent body shop / auto tech to inspect any vehicle you are considering buying, BEFORE you agree to anything. Here's a video with tips for avoiding common auto scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Signed Car Loan to Friend and Now He Wont Make Payments
I realize now how big of a mistake this was. I did a friend a favor and signed a car loan for him. He promised to refinance with his credit union. It's been four months and he's made late payments (over ten days each time) on all months. He is now late over twenty days late. I know I'm responsible for the payments because I signed off on the loan, however, I can afford to take over the car (I'm a struggling F/T student and work only P/T). Is there any way I can take him to court and make him take out a loan for the car or can I return the car and legally have him pay for the autofinance's charges? Please help.
signed car loan for friend, now he won't pay
Dear Distressed:
As you've come to realize, co-signing on a car loan is a risky proposition. You have the risks, but not the benefits, since you don't even get to drive the car. Try talking with him and explaining how his failure to pay in full and on time is hurting your credit. If he doesn't straighten up and pay more responsibly and / or refinance and get the payments down, check with a non-profit credit counseling service to find out what your options are in your state. Check with the Better Business Bureau to make sure the credit counseling service is approved by them. They may be able to help you and your friend deal with this so your credit isn't harmed any more, and help him budget better so he gets caught up and pays on time.
If worst comes to worst, you can consider taking him to court, but do that only as a last resort, since if he cooperates you are both in a better position. You can ask an auto fraud expert in you state what your legal rights are as a co-signer. Naca.net has a list, by state.
wrecked vehicle
We co-signed for a honda accord for our daughter almost 1 year ago. She went to another dealer today to see what kind of deals they had and learned that this car we had bought was in a previous accident and was sold as a certified used vehicle for $19,000. The dealer she went to today to see what they had said the car not only had been in a previous side crash but that it had to be towed in and was only worth $4,000. She owes about $15,000 more. We bought this in Virginia. What are our recourses?
Thanks for any advice you can give.
wrecked vehicle
Dear S. Ward:
Unfortunately, a lot of dealers have been selling wrecked cars as "certified" autos. It's a real scam.
First thing to do is to get a thorough inspection by a qualified, independent body shop / auto technician who can tell your daughter whether it is even safe to drive. Many prior wreck autos have structural damage that leaves them in a very unsafe condition. For example, the air bags may be missing and it may have a bent frame. Car Taks is a good resource for finding a good auto tech. Check out http://www.cartalk.com/content/mechx/
If it is unsafe, she should drive it as little as possible and seek legal advice for getting it repurchased. VA has some auto fraud experts who are very familiar with rebuilt wreck issues (www.naca.net has a list, by state and area of expertise). In some cases, car buyers have received punitive damages after being sold hazardous rebuilt wrecks. The purpose is to punish harmful behavior and deter such practices, which put innocent people at risk.
Possible Wrecked Motorcycle
I bought a 2003 Suzuki Hayabusa from a privately owned dealership in Alabama. It had a new paint job on it which I could tell was just recently painted due to the running paint(poor paint job). I had asked the salesman if the bike had ever been laid down or wrecked and he replied that he didn't know???? After I took the bike home and was riding it i noticed the handlebars were off-centered a little bit which made me think even more that it may have been wrecked before. If I get the bike inspected and it comes up that it has been inspected and they did not disclose that information to me what will they be required to do and what will be the first steps I need to take? I'm pretty sure Alabama's Lemon Law doesn't apply to motorcycles or whether this would even be considered a lemon or just a scam??? Please Help!
possible wrecked motorycle
Dear Tim:
First thing to do is to get the motorcycle inspected to find out how badly damaged it was and whether it's even safe to drive. Ask around and also check with the local Better Business Bureau and look at Car Talk's Mechanics files to find out who is the best motorcycle tech who can check out your cycle and give you the scoop.
If it was badly wrecked, and they didn't disclose that to you, you may be able to get a refund. If you paid a lot, it may be worth at least consulting an auto fraud expert to see what your rights are in GA.
If it wasn't badly damaged, but is worth significantly less than you paid, due to prior damage, you can seek reimbursement of the amount you overpaid. If the seller balks, consider taking them to small claims court.
For next time, especially if you suspect prior damage, insist on getting any vehicle that interests you inspected BEFORE you buy it, so you can avoid a lot of hassles. Here's a link to a video with tips for avoiding car buying scams, that would apply to motorcycles as well as cars:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Deferred Down Payment
I recently purchased a car and the taxes were not financed into the car loan. I paid 500.00 down and the remainder of the taxes were to be paid over the next 30 days in two payments. I did get the car financed thru a bank and I am scheduled to start making payments to them within the next two weeks. However, an emergency came up and I was only able to make 1 of the two scheduled deferred payments. The original owner is now threatening to repo the car and take legal action stating I stole the vehicle. I live in GA, do we know if this is legal? I signed a separate document for the deferred payment.
deferred down payment
Sounds like the original owner is trying to intimidate you. You purchased the vehicle, and obtained financing -- quite different from stealing it. Make sure you keep all the records from the transaction in a safe place. If you can possibly get current with the payments, including paying the taxes, do so. The sooner, the better. You may have to take out a small separate loan to do it, or borrow from family or friends, or get an advance from where you work. Another option -- join a credit union and see if they can assist you. Whatever you do, don't just ignore that obligation. Deal with it responsibly and as quickly as possible.
had 05 impala for less then 6 months and transmission is done
Hi, so on dec 4th i went to a small dealer and got a 2005 impala and appeared to have worked just fine, about two months later the racket pein (steering) goes out the car is not able to move at all for no reason. So i contacted the dealer and the told me that the car only had a 30 day warranty, so i took the car to their mechanic and paid 190 to fix and a week later the transmisssion on the car does not work at all, checked for oil and everything appeared to be full. I called the dealer and told them what happed and they said it was no there problem and i would have to pay to get it fixed.. please help iveonly had this car for 5 months and ive only been driving it for 4 because the transmission has gone out and i cannnot afford to pay 1200 to have it fixed.
2005 Impala with bad transmission
Dear Impala owner,
First thing to do is stop taking your car to that dealership for any further repairs. They already sold you a bad car, then did a repair you had to pay for out of pocket. Now they want another $1200 to fix the transmission. These are not people you can trust.
Find a good, reliable technician in your area who can check out the car and tell you everything that needs fixing and how much it will cost to fix. Car Talk is a good resource for finding a good mechanic. http://www.cartalk.com/content/mechx/
See if the mechanic will work with you and gradually fix everything, and let you pay them for the work in installments while you continue to drive the car. If they won't agree to let you pay in installments, join a credit union and see if you can get a small loan with low interest to pay for the repairs.
If the inspection uncovers evidence that the vehicle was severely damaged before it was sold to you, and is a rebuilt wreck, check with an auto fraud expert in your state to see if you can get a refund from the dealer. (www.naca.net list auto fraud experts in each state).
For next time, insist on getting an independent inspection of any car you are thinking of buying, BEFORE you agree to anything. Here's a video with car buying tips for avoiding scams and saving yourself a lot of headaches:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Help in Virginia
My car loan company is calling me and my family 6times just today demanding more money even though we are paid up. they want a payment tonight and another in 15 days. Said they would have my husband fired if we didn't and would repo our vehicle. They have already called his place of work 6 times in the last hour. How can they do this. We are paid up?
help in Virginia
Dear Shasta,
They are engaging in over-the-top collections practices. Check out www.naca.net and find an attorney in VA who specializes in the Fair Debt Collection Practices Act, who can go to bat for you and get them to back off. Make sure any attorney you hire is willing to represent you on a contingency basis, which makes getting legal help affordable.
victim of packing
That's exactly what the dealer did on a truck advertised for 23K, inflated the truck with options I didn't want until they got the monthly payment up. I didn't realize this until I received my monthly statement well after they installed the options, by the way these options, alarm,(truck already came with a alarm), gps (but there is no screen, doesn't do anything) The alarm if turned on, drains the battery in about 12 hours. Those options cost 2K a piece,I don't care about repo or credit rating, any recourse?.................John
victim of loan packing
Dear John,
You're smart to question whether you have to keep making the payments for unwanted items. Check with an auto fraud expert in your state who can get the internal documents from the dealership that will reveal what they actually charged you, which is often far more than appears on the contract. Dealers fight revealing those numbers, so it usually takes a suit and a subpoena to get them. (www.naca.net lists attorneys by state and area of expertise). You may be able to get a refund for the options, at a minimum.
Auto Fraud Help
My husband and I lived in florida, when he first moved down there he traded his 2000 Ford taurus for 2006 dodge neon. We put 500 down. They called a month later asking for another 500. Which we gave and then asking for another 500 a week later. This was not your neighbor joe's car lot it was a large reputatable dealer or so we thought. Needless to say we did not have the last 500. we had to return the car and did not get any of our money back or our car back. Were we supposed to get our car back and if we were is it too late?
Second Question
I left my 2003 taurus with my sister she was supposed to repair it and drive it up to Kansas where my hubby was stationed. That was two years ago. I have continued making payments on it and thought she had it storage waiting to drive it up here. I find out now she has sold it to a dealership (it is not in her name or even mine for that matter its in my dad's name) what action can I take should i file it stolen or what?
dealer swallowed trade-in, down payment
Dear Stephanie,
Looks like the dealer attempted to yo-yo you on the financing, then kept your trade in and down payment. You don't say when the transaction occurred, but it may not be too late to get compensation for your 2000 Ford and the downpayment. Ask an auto fraud expert to help you recover what you lost in the deal. (www.naca.net has a list of attorneys by state and area of expertise). If you do get legal help, make sure they are willing to represent you on a contingency basis, which makes getting legal help affordable.
About the Taurus -- have you tried asking your sister to pay you, or your dad, what the dealership paid her for his car? If she refuses you could seek mediation and if that fails, seek legal advice about how to proceed. But if you can resolve it without legal action, so much the better.
3rd contract!!!! I want OUT!!!
On May 30th I purchased a used 2002 Land Rover and they quoted me one rate that I signed off on for finance. They said for my down payment they would give me $3,800 for my trade in or two weeks to sell it to a private party and if I didn't get a better offer they would take it, if I did they would cash the $3,800 check I wrote for the down payment. Well the finance that they quoted me on did not go through so on June 8th I had to sign another contract because the APR for my finance went up. I was OK with that and at this point I still had a week to sell my car. Well I sold my car, I called the dealership to see when the payoff would go through so I could get my pink slip and the release from Lien slip, they informed me that the lender who would finance me would not do a private party sale, they (the dealership) had to take my car and they would pay me what the lady offered. I would then have to sign yet another contract with different down payment terms. Well I am not comfortable with this any longer. I no longer want this car so when I talked to the manager yesterday I asked him, "if I do not trade my car in to you, and do not sign this new contract, what happens? do I drop my keys off..." his response " yes, and sign a form but please think about it tonight." I thought about it, don't want to do it. Went in today the guy I talked to on the phone was 'not there' and the sales person was very rude trying to tell me that I owned the car and that I signed the contract. I told him, that I don't own the car because the lender would not sign off on my finance because of my trade in. I left and said I would come back tomorrow to speak with the manager. What are my rights? I know I don't have to sign the new contract but they are being very difficult and I don't know what to expect. Any help would be appreciated. Thank you
3rd contract!
Dear Consumer,
You are smart to balk at signing yet another contract. Looks like they have been engaged in yo-yo financing. It's a common scam. Here's more info about yo-yo transactions:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
Before you sign anything else, consult an auto fraud specialist in your state who can advise you how to proceed, to protect your rights and your credit.
Here's a link to more info about yo-yo sales and what you can do if you;re stuck in the yo-yo trap:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Yo-Yo and Down Payment Deferral
My friend recent got pressured into buying a vehicle. He traded a car in for a nice truck, agreed on downpayment and terms etc. They called 2 days later and said Ford would not finance and they were working with them but needed a ton more down payment. He couldnt do it so he went to take the truck back. They offered him other vehicles and they found a new smaller truck that would work, they said. Well they too called him a few days later and said that the other auto maker wouldnt finance, but could be put more down. Meanwhile the rates went up, the payments went up, and the down payment went up.... too stressful and he needed a new vehicle. They deferred his down payment and it is not in the purchase agreement that way. Also, come to find out his credit report shows a ton of inquiries and messed up a personal loan he was getting refinanced. He signed a paper saying they could find lenders but they said they were only working with Ford or another auto maker credit deparment. Not the 10+ inquiries that are now on this credit.
Bottom line is he can't afford the down payment schedule and the montly about is much more than he can afford. They told the tail like he signed contracts and had an obligation and it sound like he couldn't take his car back but it was still an option. Very confusing. But they used his stress and need against him and now he is in over his head. What can he do?
Yo yo and down payment deferral
This looks like a classic yo-yo financing situation, and they also trashed his credit to keep him from being able to get financing somewhere else. Yo-yo financing is a very common scam. Here's a link to info about yo-yo sales:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
He should consult an auto fraud expert who can check out his transactions and advise him how to unwind the bad deal without further damage to his credit. (www.naca.net has a list, by state and area of expertise) He may be able to get his credit restored, but it will probably take a while and involve writing to each of the credit reporting agencies and getting them to undo the damage.
The sooner he gets legal help to get this resolved, the better. Sometimes an attorney can get the lender to back off on demanding the payments until the sale is unwound. An attorney may be willing to represent him on a contingency basis, which makes getting legal help affordable.
Meanwhile, he should make all the payments in full and on time, if at all possible, to avoid having the vehicle repossessed. That would be the worst case scenario.
car fr out of CA
purchased a new car from out of state; drove it back to CA; DMV will not register it because sticker shows it passes federal emissions only for 49 states - not CA. This was not disclosed at any time during negotiations or purchase of car. Company suggests it be driven for 7500 miles at which time CA will register - this is not an option.
What recourse is available?
Car from out of CA
Dear Lani,
The dealer who sold you the car has put you between a rock and a hard place. Since it wasn't disclosed that it couldn't be registered in CA, you may be able to return it and get a refund. If the seller balks at that, check with an auto fraud expert in the state where you bought it, who can review your contract and advise you about what your rights are. and what state's laws would apply. www.naca.net has a list of auto fraud experts, by state.
possible lemon in n.j.
Dear Hal,
I purchased a used car with an extended warranty and have had the car back at least 5 times for the same repair. As we speak its in the shop again for this same repair its been their a week now. Do i have a lemon on my hands and what if any recourse of action should i take? Does n.j. cover used vehichles under a extended warranty in their lemon laws?
possible lemon in NJ
Dear John,
Here's info about New Jersey's used car lemon law: http://www.state.nj.us/lps/ca/ocp/usedlemon.htm
You could seek a refund, or take it somewhere else and get it fixed and seek reimbursement for the repairs. If the seller balks at that, you can get legal advice from an attorney (www.naca.net has a list) or take the dealer to small claims court for the amount of the repairs.
Next time, be sure to get the vehicle inspected BEFORE you agree to anything and avoid a lot of hassles. Here's a video with tips on how to avoid auto scams and how to find a reliable auto technician:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
bought truck from a dealer and wasn't told it was in an accident
I bought a used toyota truck last year for a Hyundai dealership in Tennesse last year. Now I ready to sell the truck and I've discovered the truck has been in an accident. When I was originally negotiating for the truck I had asked for a carfax report but was never given one. The salesman never informed me the the truck was involved in an accident. Now over a year later do I have any recourse?
bought truck, it had been in accident
Dear Kyle,
First, have the truck inspected by a reliable body shop. Check out Car Talk's Mechanics Files to find a good shop in your area. http://www.cartalk.com/content/mechx/
If it sustained major damage, it may not even be safe to drive. If it is worth a lot less than you paid for it, and/or it is unsafe, and the damage should have been obvious to the dealer, then consult an auto fraud expert who can advise you. (www.naca.net has a list, by state and area of expertise)
Often consumers who were defrauded and sold rebuilt wrecks can get at least a refund plus their attorneys fees, if they take action.
For next time, be sure to get any vehicle you're thinking of buying inspected by a reliable body shop and technician BEFORE you agree to anything. Carfax reports are notoriously unreliable and full of holes, so don't rely on them as a substitute for a thorough inspection.
Here are car buying tips for how to avoid scams and save yourself a lot of headaches:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Help with Motorcycle fraud
Hi Hal
This has to do with a motorcycle purchase but hopefully you can help me.
I live in Seattle, WA.
I recently went into to purchase a motorcycle. The finance manager told me an hour before I was to recieve my motorcycle that when it came in the freight, it had tipped over and the frame was scratched. He even showed me pictures of it on his cell phone. I asked him if he was going to replace it or repair it. He promised me that since its brand new it would be replaced. No over spraying or touch up paint. Later that day I decided not to go through their financing and would come back with my own.
A couple weeks later I decided to just go throught their financing and notified him I was coming in. When i got there I saw the bike in the corner and I asked him again, if the damage was replaced and he assured me it was brand new and fixed.
After I signed the papers and brought the bike home I noticed over spray on that dripped from the frame to the brake caliper. I looked at the spot he showed me was fixed and upon closer inspection it was filled in with touch up paint. I rubbed it with a towel and the touch up paint all came off exposing the damage it covered up.
What are my options? I have contacted him immediatly following the discover via email and waiting a response. What can I do? Can I return the motorcycle or is it too late since I signed the papers. Im hoping he had no idea, but in the worse case senario is there anything I can do?
Your help would be greatly appriciated.
help with damaged motorcycle
Dear E Kim,
Looks like the dealer sold you a damaged motorcycle that he tried to cover up with a shoddy paint job.
First thing to do is to get it inspected to find out how extensive the damage really was. Then you can decide if you want to get a refund or if you would prefer to go for getting it properly fixed and seeking reimbursement for the repair.
Ask around to find out who are the best motorcycle technicians in your area and ask them to check it out and advise you about how serious the damage is, and how it affects the value of your motorcycle.
For legal advice, check out www.naca.net.
Hi I purchased a new car
Hi
I purchased a new car with 1500 miles in March of 09 in Riverside California. I later found out that the car had been sold and titled in Dec. of 08. My sales reciept states that car pruchased is NEW. Recently I took my car to the dealer because my tires kept on going flat and they mentioned that the tires are probably not the original because they show to much wear for just 6,000 miles and the one of the wheels is cracked. The dealer is not taking responsibilty for replacing the tires or the wheel. My question is when a car is sold and titled and the dealer then obtains the car back from the intial buyer and then re-sales the car, is the car still considered as NEW?
Please adivise
Thanks
Shahram
new car was really used
Dear Sharham,
You are smart to question this. The short answer is NO. Once it has been purchased by another retail customer, it is no longer new. In addition, the tires and wheel sound like they may be hazardous. The cracked wheel may be a sign of more serious structural damage.
First get the car inspected to find out if it was wrecked at some point before it was sold to you. Car Talk's Mechanics files is a good resource for finding a reliable body shop in your area. http://www.cartalk.com/content/mechx/ If it is unsafe to drive because of the damage and/or the tires, drive it as little as possible until you get things resolved.
Contact an auto fraud expert who can assist you in getting a discount or a refund. (www.naca.net has a list, by state and area of expertise).
An amazing number of dealers are selling used cars as new cars. This costs car buyers a lot, since the vehicle depreciates dramatically as soon as it is driven off the lot.
i bought a used, very defective car and it seems that from a not
licensed based on the information on DMV... I bought a 2003 honda element, in february 2009, since I got possesion of the car the next day I had to come back to the dealership and advise them of some issues on the cruise control -it was broken- radio, a/c, alarm installed but wasn't working, besides some weird noises on the right axle of my car every time I had to make a turn, and many others... I advised them that it seemed to me, that this car had had an accident but they just changed topics, and told me not to worry, that they were going to fix it... they worked on it until middle of may, they told me that pretty much everything was done... I don't know much about cars... therefore I didn't realize that the radiator also was broken and liquing... And now, because I jst had enough am really pist at this situation... I started reading and it seems like this vehicle could be a lemon, or really had an accident and I was just not notified and in top of it... DMV lists that their license to do business is expired... Please let me know if there is any chances I get my money back still... and/or if I could actually just return this car without affecting my credit!... AND JUST GET RID OF THIS PIECE OF .... METAL...
used, very defective car
Dear Desperate Lady,
First get the car inspected to find out how badly damaged it is, and whether it is safe to drive. Car Talk's Mechanics files is a good resource for finding a reliable body shop in your area. http://www.cartalk.com/content/mechx/ If it is unsafe to drive because of the damage and shoddy repairs, drive it as little as possible until you get things resolved.
Contact an auto fraud expert who can assist you in getting a discount or a refund. (www.naca.net has a list, by state and area of expertise). Be sure if you get an attorney that they are willing to represent you on a contingency basis, which makes getting legal help affordable. Since the dealer's license has expired, you may end up collecting against the dealer's bond, if enough of it is left.
For next time, insist on getting any vehicle you're thinking of buying inspected by a reliable body shop and technician BEFORE you agree to anything. It's a buyer's market. If they won't let you get your own independent inspection, walk.
Here are tips on how to buy a car and avoid common scams, and save yourself a lot of headaches:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
used motorcycle
my son bought a used motorcycle was told 600.00 would fix the motorcycle completely he spent that much now is told he needs a 1200.00 part to get it to start the seller says its his race teams bike they have the money and he does not want to tell them whats wrong so he wants the bike back to try and resell it leaveing my son to wait and see if anyone else buys it what do we do thanks greg
used motorcycle
Looks like the seller cheated your son by selling him a motorcycle that needs a lot more work than he was led to believe. Now they want to sell it again to someone else? That sounds pretty iffy, at best.
Instead, probably the best thing for your son to do at this point is to find a reliable shop that can give him an independent estimate of all the repairs that are needed and how much they will cost. Then he can decide if he wants to seek a refund, or get it fixed at a reliable shop, and then seek reimbursement from the seller.
Depending on how much he paid for it, he may be able to recoup at least part of his purchase price, or be reimbursed for the added repairs, by taking the seller to small claims court. In CA you can get up to $7500 in small claims without an attorney. Then a judge can decide what is fair.
For next time, he should insist on getting the motorcycle inspected by an independent, experienced technician BEFORE agreeing to anything.
Honda Civic Hybrid 08 CVT transmission ( Chicago, IL )
Hello guys !
I have 2008 Honda Civic Hybrid and 22,000 miles on it. When the vehicle had close to 15,000 miles on it, it came to my attention that transmission is behaving funky. Start/Stop/Auto Stop switching was very harsh and car lost it's performance. I checked the fluid levels, and transmission appeared to have NO OIL or super low level. Well, I took it to dealer same day, they were surprised but topped the fluid up and said good bye. Since that day, when I realised fluid was missing, I started having problems with it, such as: harsh START while resuming engine function from AUTO STOP, wavy acceleration ( spilling coffee multiple times on pants :), lack of performance under 30mph.)
I went to the dealer 3 or 4 times, and every time they are giving me silly excuses and promising things to be just fine, I'm disappointed with Honda all the way. On May 31th while driving 55mph on a highway I90 all of sudden the RPM'S went from 2,000-2500 all the way to 6000-7000 and car was rapidly slowing down. After few seconds I pulled over because normal driving was not possible. The car seemed to be stuck in 1st gear ( CVT does not have gears ). I slowly drove it to dealer and told them "transmission blew" ... they laughed at me. They called me next day and said everything is fixed. Basically mechanic told me: "CVT's transmission can't blow, it froze like a computer. We reset your car computer and have downloaded new updates" ... right !
After the update was done, car seems to have MUCH more power, no harsh START STOP any-more, BUT NOW the hybrid option does not work properly. Before, I could "roll" on hybrid ( up to 4 bars of assistance, as long as it's below 40mph ) NOW, the option is OFF. The hybrid is not active, hence I have Honda Civic Hybrid.........just with no hybrid.
I took it again on Monday, they kept it until today ( Friday ) and called me "it's ready." Car is still not working properly + breaks seems to be MUCH HARDER. I've got to press sooo hard to slow down, my leg gets tired. I called the dealer and told them about the issues I'm having, but they said "On you back seat is flyer and inside there is customer service number if you have any questions. Mr. WE ARE DONE FIXING YOU CAR. HONDA SAYS UPDATE WAS MANDATORY AND THERE IS NOTHING WE CAN DO. OUR MECHANIC DROVE IT TO HOME AND STATED IT'S OK"
Guys, I'm deeply disappointed with Honda. I got no rental for all they days without a car. They did not drive me home at night ( had to take a bus thru ghetto...ehh ) and the car is so dirty. They did fix transmission, but broke more things on the way. Hybrid option is OFF and breaks are just so dangerous.
What are my options ?
Matt
Honda Civic Hybrid
Dear Matt,
Looks like a classic refusal to honor the warranty. They are not even attempting a repair. You could try taking it to another Honda dealer to see if you get better treatment. Also complain directly to Honda and see if they will take care of the problems.
Definitely avoid this dealer, if you possibly can, since they sound like really bad news.
The brakes sound like a serious problem. You bought a hybrid so should have all the benefits of having a hybrid. If the problems are not fixed soon, consult a lemon law attorney in your state and seek a refund. (www.naca.net has a list by state and area of expertise)
help bought a use cadillac cts and not even a month and it brok
hi i have a question i bught a use cadillac cts at a use dealer ship in phx,az and i had to put down 2,500 for it but the dealer work out with me to put 1,400 down so i did and i was going to pay them the rest later well not even a month when i got it the car broke down on me and i took it back to them and they keep telling me the mechanic aint here come tommorow and when i would go tommorow they would give me the run around they didnt even help me with the car they told me theres nothing they can do. that they didnt want to spend any money on fixing the car and im like well why u old me the car then.. well long story short i got the car fix out off my own pocket at the cadillac dealer and to fix itwas 800 and my question is the dealer never called me before when it broke down on me but now that its fix they want me to pay the rest off the 800 i ow them from the down.? do i have to pay them back even thou they didnt help m and ssold me a car that had a problem or should i tell my finiance company.? help please
Used Cadillac broke down
Dear Arizona car buyer:
It's tempting not to pay the rest, but that would only cause you a lot more problems, since they may repossess the car and trash your credit.
The smartest thing to do is to pay them everything you agreed to pay, and make all your payments. Take a close look at your paperwork and see if you were covered by a warranty or a service contract. If so, since they didn't repair your car and gave you the run-around, you can seek reimbursement for the repairs, by taking the dealer to small claims court. You don't have to have an attorney to use small claims court.
For next time, be sure to insist on getting any vehicle you are thinking of buying inspected by a reliable, independent technician BEFORE you agree to anything. Here's a video with tips on how to buy a car and avoid a lot of headaches:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Down Payment Issue
I purchased a new truck back in January of this year. The price of the truck and my trade and down payment were all agreed upon. At the time of the document signing, they never requested my down-payment($1500) and have never contacted me about this problem until now(June). Am I responsible for their mistake? Is there legal action they can take?
down payment issue
Dear Car Buyer:
If you agreed to pay a down payment of $1500 and they slipped up, you still would owe them the $1500, right? If so, then there's little point in fighting it. Time to pay up.
If they are trying to change the terms of the agreement on you now, that would be another matter.
buy back and lemon law?
i bought a 2008 pathfinder in august of 2008, and traded in a 2007 cobalt which i owed 13000 on to get it. the deal worked out how i wanted i pay what i wanted to monthly for the term i wanted . the pathfinder has been in the dealership shop 7 times by their account (papers) 12 by mine, starting at inside the 1st month of owning it.
the dates would be closer together but everytime some went wrong i had to schedule an appointment , and they normally took 1-2 weeks to follow up. the a/c leaked inside the vehicle and was "repaired" 5 times. the check engine light came on and was "repaired" 8 times by my count only 3 in theirs. the slip and vdc light have come on as they have pleased and ben "repaired" 3 times. the rear glass leaks, the windows roll down while off as it pleases, and it recently decided to leak transmission fluid. all before 18000 miles. i live in baton rouge ,la and read up on our lemon law. do you think i should be given a new vehicle? (what i want) or what is what i am entitled to in this situation?
What Can I do? I fell for a scam but what are my options? If any
On April 25th of 2009, my husband and I went to a used car dealer in Santa Ana, California (The car bank). We saw a 2001 Dodge Dakota on craigslist for sale and contacted the salesman Louis(Internet Manager of Car Bank). He was so super nice at first meeting, just going on about happy conversations. We get in the truck, I start the truck since the truck is for me for camping purposes for our family gatherings, and it sounds so rough, I definitely did not like it. My husband tells me to test drive it, knowing and feeling something is wrong with it, but since it is so hard to find a good truck for a decent price these days, we still took it for a test drive. Very rough driving but the salesman sitting in the back comforted us by telling us, "it just needs a good tune up and oil change". We both nodded and mentioned if the truck is running fine and smooth after tune up, it should be great for us. I also felt the brakes being low and mentioned it and he said he'll get it looked at. We sit down and talk about getting the papers ready. We agree to pay $1,000 cash down upon agreeing to make the deal at $3695 instead of $3995. We leave for the day as the salesman promises to have the truck ready and checked by the next day when we sign on the truck.
We go back the next day with the $1000 cash and to sit down get the papers out of the way. First he says he can't do the $3695 deal since the finance company won't approve of it, so $3995 was the final price. We should have pulled out but unfortunately we didn't. Then he said he didn't want to take the truck to get serviced till we put the money down and sign the deal, being naive, we said alright and signed the papers with a verbal 30 day warranty and signing the contract for the truck "AS IS". He promises to have the truck serviced by the next day. We go back the next day, looking at the truck, it seems as if it wasn't moved far, just parked around the corner with the fuel injector cover open under the hood. The Salesman then mentions that there needs to be some work done on the engine, a "head job" as he called it. My husband looked at the salesman with disappointment and asked when it would be done. The salesman mentions that it can be taken care of for $500 out of our pocket and they would cover the rest as the complete job would cost about $1000. My husband hesitated and asked if the tune-up /oil change and brakes were done. The salesman hesitated and said nothing was done since he wanted to know if we wanted to get the HEAD JOB done. Like what the hell, was my expression but my husband seemed like he was fed up and we both agreed to take the truck off and come back for later with some decisions. The following day the truck wouldn't start, so we took it to a nearby mechanic shop after my husband noticed the 2 of the 6 spark plugs were just hanging loose. The mechanic there verified and helped by putting the spark plugs back in as we mentioned this story to him. We were sure at that moment that we just got screwed and scammed and that we were given the horrible impression during the test drive that something was really wrong with the engine OR the truck wasn't serviced AT ALL . We mentioned this to the salesman and he acted like he didn't know and we had to chase him down just for a crappy oil change and spark plug replacement. After that we took it to Aamco for a free diagnostics test and they verified the 6th piston was bad and engine needs to be replaced, as well as the transmission since it doesn't idle properly and has a mis. We have gone through hell in such a short time. We got this truck financed through M.A.S. Financial who basically owns the CAR BANK. We have gone there so many times to get proper treatment but they just don't care, they deny any help and keep directing us to Louis the salesman who sold us the truck.
What can we do about this, is there anything at all we can do with the little proof we have even though we signed the contract AS IS but with a verbal 30day warranty when we weren't honored that at all? If we are totally completely screwed then we will just have to accept it but I just don't want this to happen to anyone else, it is completely insanely wrong. Please help anyway possible. Thank you much.
truck trouble
My name is Maria and live in the state of Texas. I bought a 2006 King Ranch F-250 (Certified) Diesel truck on March 16, 2009. I have had to take the truck for the same problem twice already and will be taking it in a third time tomorrow for the same problem again to the dealer. It has not even been 3 months since I bought the truck. Am I entitled to return the truck and get my down payment back? I don't want to be taking the truck over and over again till my warranty expires. I cannot drive the truck without the fear of it leaving me everywhere and having to call a tow truck. It is very frustrating and also I am loosing money and time of work each time I have to take it in.
truck trouble
Dear Maria,
Looks like you have the remainder of the factory warranty in effect. If it was sold to you as a "certified" truck, you may have some added protections. Check with a Texas lemon law attorney to find out if you're covered by Texas lemon law or other provisions that could trigger a refund, and not just an endless string of bad repairs (www.naca.net has a list of lemon law attorneys in each state).
Meanwhile, be sure to keep meticulous records including keeping the original documents from each repair visit, each breakdown, and any contacts you have with the manufacturer or dealer. Keep a diary of any conversations about the truck and its condition, with the dates and times and who you talked with. Create a paper trail you can use as evidence, if need be.
trade in question
I lost my job and was out of work for three months. I am now working and have been tring to catch up on payments.I have been making at least half the payments every two weeks to catch up. I am still behind 2 months because of all the late fees ans interest. Can I still trade in my car even though I am 2 months behind? My car payments are just too high and I want to reduce my monthly payments. Can anyone help me with any info?
trade in question
Dear Felecia,
If you can possibly get caught up on the payments, that is the smartest thing to do. Then when you do trade in the car, you will have a better credit rating and be in a better position to get a better deal with lower interest and lower payments.
Before you set foot on a dealer's lot, join a credit union and see what terms you can qualify for. Usually credit unions have better rates than you can get from a bank or via the dealer (who usually gets a hidden kickback in exchange for charging you a higher interest rate). Ask the credit union if you can refinance with them, after you are caught up with your payments. You just might be able to get a better loan without having to buy another car (which would leave you even deeper into debt).
Also consider getting advice from a non-profit credit counseling service to help you manage your budget so you can set aside a rainy day fund and get out of debt sooner. Check with your local Better Business Bureau to see what credit counseling service they recommend. The services are usually free, and can give you a real boost in getting control of your finances and avoiding scams and pitfalls.
Financing, contracts and down payments
We bought a used Dodge Caravan this past weekend 6/6/09....we signed the contract at 12% and the payments are $260 a month. We gave them $600 for a down payment right then and then wrote a check for $1100 which they said they would cash in two weeks. They called us back today 6/9/09, saying we needed to come in and sign some more papers....when we went in they said they needed $1000 more...we said no, we don't have the money and if that's the case the agreement isn't being followed through with and we want to return the car. After an hour of telling them we weren't going to put money down and if anything changes we are returning the car, the manager came back and said "I was going to tell you that we would take of the extra thousand" he was mumbling and we couldn't understand him and our kids were going crazy....we were very mad and left...we didn't sign anything else and we don't know what is going on...but, my question is, what will happen if I cancel the check that we wrote for the other $1100? We really want to return the car b/c we don't want to do business with them..please help....we don't know what to do.
financing, contracts, down payments
Dear Dodge owner:
Sounds like the dealer may be attempting to "yo-yo" you. Here's a link to info about yo-you auto financing, a very common scam where the dealer tries to pressure you into paying more, after a deal has already been struck and you have driven off in your new car:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
So far, you are doing a good job of dealing with those characters, by not caving in to their pressure tactics. I understand it's tempting to stop payment on the rest of your down payment, but that could come back to bite you. They might try to turn the tables on you and make it look like you bought the car in bad faith and passed a bad check.
Probably the best thing to do is to stick to your guns and refuse to pay more than you agreed upon, and take the car elsewhere for repairs -- if you have other options that won't void any warranty coverage you have. Here's a video with more tips about avoiding falling into the yo-yo trap:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
My husband bought a used car
My husband bought a used car recently from an individual private seller and come to find out the car is not street legal. Is he able to get his money back on a used car sale?
husband bought a used car
Dear Anonymous,
Is there a written agreement regarding the terms of the sale and the condition of the vehicle? Or was it sold "AS IS"? If the seller didn't make any claims about its being in "mint condition" or even roadworthy, your husband may be stuck.
He could try writing a letter demanding a refund, then if the seller refuses, taking the case to small claims court. Then a judge can decide what is fair under the particular circumstances.
For next time, it's always a good idea to insist on getting any car thoroughly inspected by a qualified independent technician BEFORE agreeing to anything. It's a buyer's market these days, so sellers should be more than willing to allow you to get their car checked out prior to sale.
Here's a video with tips on how to avoid common car buying scams and pitfalls:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
I bought my car a year ago
I bought my car a year ago and after own it the car for a year I found out that it has been in a accident I paid 20,000 for the car iand the dealer didn't tell me that if has been involve in a accident I would like to know what can I do can I take the car back or what can I do thank you
Car was in a wreck
Dear Cesar,
The most important concern is your safety and the safety of your passengers. Many times, rebuilt wrecks are very unsafe to drive. So the first thing to do is to get a thorough inspection by a reliable body shop that can document the extent of the damage and tell you whether the vehicle is even safe to drive. If it is unsafe, then if you can afford to get another car, or rent one, while you get this resolved, then that would be a smart thing to do.
If the damage was extensive and the vehicle is still in bad condition, you may wish to pursue a fraud case against the dealership, in order to get a refund. Check out www.naca.net to find an auto fraud expert who can evaluate your case and advise you. If you do get an attorney, make sure to ask them to represent you on a contingency basis, which makes getting legal help affordable.
For next time, be sure to get any vehicle you are thinking of buying inspected BEFORE you agree to anything. Here's a video with tips, including how to find a good mechanic who can inspect a vehicle for you, prior to sale:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
can't get my down payment refunded
I purchased a vehicle at cactus jack on june 05 2009 I turned the van back in june 06 2009 before twenty-four hours due to oil and water mixed in the radiator and the radiator raservor. I took it to the mechanics they told me that the hoses are not good because the oil had ruin the hoses. They want to give me another vehicle and I really didn't like the treatment that they gave me by telling me that I have to clean the radiator raservor out myself. So I told them that I don't want to do business with them anymore. They told me that they only have to choices is to give me the car back or get another one off the lot. They refused to give me my refund.
Price change after deposit
My dad recently located a used vehicle at a dealership in Wisconsin via autotrader.com. The price was advertised on that site as well as three others as $11,500.00 which was a good deal for the vehicle. He spoke at length with a couple salesmen several times over the course of a few days specifically mentioning the ads. After providing a deposit via credit card the paperwork was faxed to him with a price that was nearly $1,800 higher then what was listed on theirs and the other websites. He immediately contacted the salesman who said that a new employee made an error and that they would not sell the car at that price or anything lower than what they were now stating even though they had caught it a few days earlier but the ads still reflected the lower price. No paperwork had been signed, but again, they took the deposit. Despite all the conversations, no one bothered to mention that the price was incorrect even though my dad specifically referenced the listing. Is this legal? Do they have to sell it at the advertised price by law?
Trade in but no job
Do iI have to have a job in order to trade my car in and get another one?
trade in but no job
Dear Consumer:
If you want to get a loan for a different car, you probably have to have a job or another solid source of income.
Before you go to a dealership and try to trade in your vehicle, do a little homework. Then you will be in a better position to make a good decision. Join a credit union and ask them what you would qualify to buy, given the fact you are between jobs. You can also ask a credit counseling agency to advise you. Make sure they are a non-profit and have a good rating with your local Better Business Bureau, which may be able to recommend a credit counseling service. They can help you figure out whether trading in your vehicle is a good way to go.
Purchased vehicle won't pass Virginia inspection
We purchased a used 4runner for our son in college from a car dealer in Winchester VA, We paid 3/4 down ($7500) and agreed to 5 $500 payments (we wanted the car in our name as fast as we could), the dealer allowed us to test drive the vehicle overnight (so we could get him cash, he wouldnt take a check or debit card even though we showed him our account online with far more funds than the negotiated down payment) I returned next morning to sign paperwork the dealer pre-filled in my husbands name, he wasnt there for the transaction, he knew and did approve and was there when we first looked at the vehicle on a sunday morning and they never even asked for my power of attorney. I left the dealer that day with the sales contract and told to return in 30 days to recieve our finished paperwork/title. None of this seemed unusual to me, there is usually a wait for tags and title, the car had a temp tag and we assumed that finished paperwork and title would include the tag and title as he had charged us $300 for this, on the 30th day we recived nothing more than a title that was signed by the former owner and was told thats all they do, OK, we went to DMV to transfer title and register the vehicle and where informed we needed an emissions inspection (despite a current inspection sticker on the window), OK, we take the car to the inspection station where it will not pass and requires more than $1600 in repairs to make it pass, we went to the dealer who in return told us it was out of the state required 30 day warranty on used vehicles and he was not responsible. I got pretty upset and started demanding service and questioned the $300 transfer charges (as it was stated on the contract) as well as the $200 dealer prep charges that also supposedly included the questionable current inspection. What recourse do we have as we feel we where hoodwinked by an unscrupulous dealer who threatened to have me arrested because I demanded an explaination.
Car dealership gave me false information
My husband and I bought a $36,000 car on 8/28/08 from Larry H. Miller Chrylser Jeep and Dodge in Sandy Utah. We purchased the disabililty insurance as well as life insurance on this vehicle putting the total price to $46,000. The life insurance will pay for the remainder of the car if one of us dies. The disability insurance pays monthly payments until we could return back to work. I (Stacey) am currently a stay at home mother and I do not work. When we bought this car I did not have a job. My husband owns his own business therefor is the bread winner for the family, and the dealership knew this. When we found out that in case of injury and cannot work, our car would be paid for we went ahead and signed the paper. The financial person doing our paperwork told both of us and also knowing the above details that if WE were unable to work it would be paid for, he never told us that it was for the first insured only, (which was me, but currently didn't have a job in the first place). My husband broke his foot couple weeks ago and Chrysler isn't doing anything about it. They will not help us in any way, they don't even care. I want my justice on this matter. My husband cannot work, and I don't work because I have three small children at home to look after, and cannot afford daycare for that matter. This dealership never backs up their word. Had we have known it was for #1 insured only we wouldn't have gotten it, or we would have made Jim the #1 insured on the policy. I want something done about the dealership who will not help us. They also told us that after we make our first payment to the chrysler Financial, we could change our payment date. Come to find out chrysler financial said we had to wait 3 months, then 6 months, then they said we had to pay $250 to change date, so therefore was given once again false information from dealership, and I am fed up with it all.
Dealership, credit life, disability
Dear Stacey and Jim,
It looks like the dealer charged an exorbitant amount for a type of insurance you can't even use. Check out www.naca.net to find out if there is an auto fraud attorney who specializes in insurance-related issues who can advise you. Your state attorney general may also be able to provide information and steer you in the right direction.
Unfortunately, Utah has some of the worst consumer protection laws in the country, which can make getting any justice a lot harder. But it's worth at least finding out what your rights are.
Did I make a mistake?
We just purchased a 2006 Odyssey from a NYC dealer. I noticed some damage to the bumper prior to purchase and the dealer gave me a "we owe" form and wrote on the sales contract that they were going to repair the damage. I paid $3300 on my credit card, financed $9k and I owe $7k. The dealer told me that his insurance company doesn't let them keep purchased cars on the lot. So, I had to drive my car 2 blocks down the road and store it in a valet lot until the repair to my bumper is complete. I said I would pay the $7k in cash when my repairs were complete. By driving the car off the dealer lot to a private valet lot, did I make a mistake? Or am I being nervous for no reason?
Did I make a mistake?
Dear LC,
It's too soon to know. If there is no charge for leaving your vehicle on the valet lot, and you don't mind waiting for your car, it may turn out OK. Since the damage isn't structural, you could ask them to let you drive your new Odyssey until the parts arrive and a good body shop technician is available.
failure to send in the title of a used car after purchase in MO
I bought a 1994 Oldsmobile over a year ago in Missouri, I never sent in the title and never got it licensed because it broke down right after I bought it, so I never drove the car now I want to sell it, will I still get penalized the $200.00 or more for not sending in the title?
failure to send in the title
Dear Consumer:
You will probably have to pay, unless you notified the motor vehicle department that you were not driving the car. But check with your motor vehicle department and find out what they recommend in this circumstance before you do anything hasty.
I'm Being Bamboozled!!! Seriously
In Feb. 2007 I leased a used car from a dealer in Maryland where I live. The car was a 1997 Buick LeSabre the total of the car was $7,000.00 I put $1,000.00 down I had the car for about six weeks and then the car was side swiped in the middle of the night I had full coverage insurance but the repairs for the car cost more than the car was worth, so the insurance company totaled th car out and gave me check for $2,994.00. I then took the check and the damaged car to my dealer to see what to do now, he gave me two options 1.Hell fix the car and deduct $1500 from it for repairs and the rest would be applied to the remaining balance due on the car. or 2.Concider the car totaled the check would be concidered payment in full on the damaged car and I get another car and start over fresh. I took option 2 I picked out a 1998 Buick LeSabre which was $9,000.00 I strted making payments in the amount of $269.00 a month in April 2007 I have since then been making all of my payments on time and have managed full coverage insurance for the most part which is demanded in the contract. In March of 2009 I was rear-ended at a red light. My insurance company totaled this car out they then contacted the dealer to find out how much more I owed on the car, hte dealer told them I owed $7,000.00 the insurance company only agreed to pay the blue book value of the car which is around $3900.00 . The dealer told me that if I wanted to get another car that my payments would go up to $400.00 a month to pay off the balance left on the damaged car I knew that I didn't owe him what he told the insurance company but I NEED to have transportation so as long as I had that, I would worry about the rest later. He told me to come a pick out another car and I did then he said as soon as he recieved the check from the insurance company that I could come pick up the new car. The day comes and he tells me that the finance company is not going to allow him to give me another car until the damageg car is paid off and I will need a co-signer, because this was not my first totaled car.. Am I supposed to be stuck with the bill and no car who can I go after or am I just skrewed?
Bamboozled by two totaled cars
Dear Danta,
Before you get another car, do some shopping around for credit and find out what terms you can get. If you don't belong to a credit union already, join one and see what rates/length of loan you qualify for. Given your history of making all the payments on time, you may be able to qualify for a modest loan that will enable you to get a reasonably priced used car.
Unfortunately, you are somewhat handicapped by the prior debt. This happens to a lot of people whose cars are wrecked or stolen before their loans are paid off. In your case, however, you may be able to recover your added costs by seeking compensation from whoever rear-ended your car, and/or their insurance company. Have you considered writing them a demand letter seeking compensation for all your damages, including the remainder of the outstanding loan? If you want legal advice on how to proceed, check out www.naca.net and find an attorney who specializes in insurance / motor vehicle cases.
Vehicle had 2 accidents that were not disclosed by Dealer
I purchased a vehicle from a dealer in New Hampshire. I had asked for a carfax which was supposed to be brought at the time of closing which happened at my home due to an illness.
When I asked the salesman said it was forgotten and only accidents over $5000 gets posted (which I found out not to be true) I signed the papers as the salesman kept talking about having to get back and possibly being locked out from the dealership so he seemed to want to hurry up and there was no time to get the Carfax due to the dealership being closed for the day.
By the next day I had ran my own carfax as well as an autocheck only to see that there had been 2 accidents with the vehicle within 21 days of each other.
I called very upset and crying only to be told by the finance manager that an elderly disabled man bought it new from the dealership and spoke to him and the elderly man said it was just a light tap the airbag did not deploy. I wanted the dealer to take the vehicle back immediately and give me back my Chrysler Sebring that was in mint condition, the finance manager let me know my Sebring was not out front, but in the back and he also said how bad he felt, but told me to call the owner. I called owner of the dealership as he kept reminding me that it was a nice car and the deal we got was excellent. He was sarcastic and unfeeling therefore I responded back in the same tone and let him know how disappointed I was and that the dealership could have been more honest. I also asked if it was his wife in my position would he say the same thing, he replied by letting me know that I have a nice car and to move on and be happy with the deal that I received.
When I called the Finance Manager again he said that if I was going to go the legal route then he could not help me anymore, then talked about finding me another vehicle so I decided to let him get me another vehicle at a Zero deal as he said.
Finance Manager said that we were covered by the buyback program thru Autocheck if anything happened, but after reading the fine print it states that the dealer has to pull the Autocheck prior to the selling of the vehicle in order for it to be covered.
I need help please and am begging anyone to help me find out what are my rights are and how can I get out of this vehicle as I have tried to trade out of it for the past 2 months since I made the purchase, but each dealer knows about the accidents and will not take it due to the decreasing value.
Please note that the Dealer said that the Vehicle was not fixed at there dealership, but refused to show any records that pertain the the vehicle.My husband went to see another dealer today and they were able to see the accident right off by just looking at the vehicle, I already am waiting for a part for the Convertible to work along with the same problem that we had at the time of purchase.
Thank you for your time,
Vehicle had 2 accidents that were not disclosed by dealer
Holly,
The first concern is for your safety, and your family's safety. Given the extent of the damage, your car may be unsafe to drive. You can get an independent inspection by an automotive expert. Check out Car Talk's Mechancs Files to find a reputable auto technician near you. If he tells you it's unsafe, then the wisest thing to do is to find / borrow / rent a safe vehicle and park this clunkier until you get things resolved.
You can probably pursue a refund and other damages via court, with representation from an auto fraud expert in your area. www.naca.net lists attorneys by state and by their area of expertise.
For next time, make sure you have any vehicle you're interested in buying inspected BEFORE you agree to anything. Here's a link to a video with tips on how to avoid some of the worst scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Mazda lease return
I just had my inspection for the return of my leased 2005 Mazda 3. They want to charge me $1100 for excess wear and tear. The problem I have is that under "normal wear and tear", for which they don't charge, they have an item that will require 2 hours of paint time at $92. Yet, under excess wear and tear, for which they want to charge me, they have three items that require the same amount of paint time and will each cost $92, yet somehow these items are "excess wear and tear" unlike the similar scratch that is "normal." There is nothing in my lease that defines normal versus excess wear and tear. How can I ensure that I'm not overpaying? Unfortunately my lease is up so I don't have time to repair these items myself or get another estimate. I'm thinking of trying to negotiate with Mazda but was wondering if there is any particular approach I should take? I certainly do not want to hurt my credit.
I am located in California.
Mazda lease return
Dear Ali,
Unfortunately, this is a common scenario in leasing -- manufacturers gouge consumers over the "excess" wear and tear. You could try getting a reputable body shop to give you an independent estimate for the work, then noting on any release form that you reserve the right to contest the amount of the charges. If they don't reach a reasonable compromise with you, you can write a demand letter and send it via certified mail, seeking reimbursement of the difference. Then if they refuse to provide reimbursement you can take them to small claims court.
Small claims court in CA is a pretty user-friendly process. You can get up to $7500 back without having to have an attorney, and it's fairly simple and quick.
Think the dealer didn't inspect before sale
Hi Hal,
I purchased a 98' jag xjr super charged in Oct 08 from a smaller dealer. Since then it has been in the 3 times; transmittion within 3 weeks, the hub shortly after along with the window regulator, sunroof & a/c, and 3 belts 2 weeks ago... Now for the fourth time I just dropped her off because the fuel filter. I am asked if they bothered doing a 130 point inspection and the manager said there is no such thing, ha. But proceeded to tell me "well we did inspect it".
My question is; if they did do an inspection wouldn't they see the belts wearing, tranny going etc? And can I prove they didn't disclose what they knew? If so can I hold them accountable?
Thank you for your time in advance.
Kindest regards,
I shoulda just bought a real ford ;)
Dealer didn't inspect Jaguar
Dear Jaguar owner,
Take a good look at your contract and the Used Car Buyers Guide that should be with the documents you signed. If it was sold "AS IS," then you are usually liable for the repairs. If it came with a warranty, take a close look at the terms. If you're covered by a warranty and they are not honoring it, you may be able to seek reimbursement via small claims court.
If you think you were defrauded, check with an auto fraud expert who can advise you (www.naca.net has a list). In general, it is tough to prove fraud unless it is something blatant like a prior wreck that should have been obvious.
For next time, be sure to get any vehicle you're considering buying inspected by an independent auto technician and body shop BEFORE you agree to anything. Here's a link to a video with car buying tips to help car buyers avoid common scams:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
who can i get them to give it to me so i dont have to lower my #
in the state of tx is illegal for a car dealership to give the buyer their creidit report?
credit report question
Dear JM,
Good question. Seems very doubtful it would be illegal, since it is your credit report. CA actually requires dealers to give car buyers their credit score, in writing, if the car buyer gets a loan via the dealer. If the dealer says it is illegal, ask them to provide you with the code section that forbids the disclosure. If they can't do that, then you can figure they're blowing smoke.
Credit Report Question
As a sales manager in another state all I can say about this is it is not illegal but my contract with the credit report provider states that I am paying for credit reports for only my use and the usse of my lenders. Car dealerships have arrangements that allow them to purchase credit reports at a reduced rate with the obligation that these written reports are not provided to others or sold. The dealer could have allowed you to see the report and review but was probably obligated by contract to not give you a copy. It may not be against his state law but it is probably a contract violation.
can i get my money back?
Okay I purchased the 1993 lexus ES 300 on 5/16/2009 from a small auto dealership. In which by the way in house finance me. When dealing with the contract the dealer who is also the owner of this company asked if I had any driver license I did have the license just not in my present at the time so he siad okay and took my deposit for the car the amount of 1500.00 cash.
Not even 2 weeks later on 5/27.2009 I was driving the car got. Pulled over by the police they ran my license and come to find out my license was suspend so they impounded my car. I tried to get the car out the impound but since my license was suspend I had to call the legal owner of the vehicle since I still have to pay 250.00 per month for 27 months. I. Called the owner of the company told him the problem and gave him the money amont for the. Car the amont for the release was 194.00 and for the towin fees plus storage was 766.00 on the date of 6/3/09.
Now on 6/4/09 he did get the car out of impounded but now he sayin that I can't drive the car out of his lot without any license. I asked him for. My 1500.00 back and he stated. No is there a way that I can get my 1500.00 back considering that I don't even want the car back and since it hasn't been 30days yet?? I havnt even pay the 1st payment yet on the car.
can I get my money back?
Dear Anonymous:
Unfortunately, you signed a contract and may be bound by it, even though you cannot legally operate the vehicle without a valid license. However, by denying you access to the car, the dealer may be overstepping his bounds. After all, you paid for the car. One alternative may be to arrange to have the vehicle towed to your residence, or another location where you can offer it for sale, instead of driving it illegally. That way you could recoup at least some of your $1500 through selling the car.
Another alternative would be to take the dealer to small claims court and seek a refund of the $1500, and let a judge decide what is fair under the circumstances.
Until you get your driver's license cleared up, and the suspension removed, plan on getting rides from friends, biking, walking, and / or taking public transportation. Driving with a suspended license is a serious offense, and you could end up in very hot water unless you play it straight.
Possible Odometer fraud...what can we do?
My fiance just purchased a 1993 Ford Ranger from the Goodwill where the vehicle was donated. When inquiring about the vehicle we were told that the vehicle had 79,787 miles and that it is in excellent condition. When we went to look at the vehicle we noticed that the odometer only had enough room for it to go to 99,999 and then rollover. We brought that up and was assured that the mileage was correct. We asked if a Carfax report had been available but the guy basically talked us out of running a report, stating that he doesnt believe in Carfax and that he thinks they are a fraud, that he would never give his money to them. Well, since we were about an hour away from home and didn't want to have to come back, so we believed him and bought the car.
The same night, we went home and ran the Carfax report to ease our nerves and sure enough, it seems that the car has 279,787 miles...actually, we are sure of it.
What can we do? Can we return the vehicle? HELP!!
Thanks!!
possible odometer fraud
In my humble non-legal opinion, this looks like a classic odometer fraud case. Get in touch with the dealer and request a full refund. If he refuses, then consult an auto fraud attorney who can help you get your money back. (www.naca.net has a list of auto fraud experts). Under the federal odometer act, you have some pretty strong rights, so an attorney should be willing to represent you on a contingency basis, which makes getting legal counsel affordable.
Florida
I was served papers to go to court for a $600 credit card debt and failed to appear so a judgment was granted. Now I have received a letter from the debt collector asking for my bank account information. They say if I dont give it now then they will have the court demand it and if I still dont give it then I will be in contempt. What should I do? I dont have a lot of money and maybe can offer $20. per month. Can they really take my only money out of my account?
Dear Crystal,
In my humble non-legal opinion --- unfortunately, if they have a judgment against you they probably can garnish your wages and access your accounts to collect on the judgment. You can try negotiating a payment schedule with them, but they may prefer to seize your assets.
Non-profit consumer credit counselors offer free services for consumers who are having trouble with credit card payments, and may be able to help you with budgeting so you can get your finances back on track. Make sure any counseling service you use is non-profit, free, and has a clean record with the Better Business Bureau.
broken used car
My boss just bought a van three days ago from a private individual claiming to be selling it for a friend. The night they bought the car it wouldnt run. They had it towed to a mechanic and have been old they need a new engine. Is there any way to get the man to fix the van or give the money back?
broken used car
Dear Crystal,
If the agreement was that your boss was buying the van "AS IS," then he is probably stuck. It's hard to prove that the seller would have known about the engine problem, and usually when someone buys from another individual it is regarded as a "buyer beware" situation.
But -- there's a chance the seller was a curbstoner, or an unlicensed dealer who is selling junk at elevated prices, posing as a private seller. If you find out the same person is selling a bunch of cars, then you may be able to complain to your state motor vehicle department, which could investigate. In some states, if an unlicensed dealer sells a car, you may not be bound by the terms of the contract, since they are engaged in unlicensed activity. Check with your motor vehicle department to see if they will give you some pointers on spotting a curbstoner.
For next time, suggest that your boss get any vehicle inspected by a qualified, independent technician BEFORE agreeing to anything. Here's a link to a video with tips on how to avoid a lot of headaches:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Please feel welcome to share the link with friends, co-workers, and -- your boss.
Have I been scammed? OR???..
I recently bought a 1991 Geo Storm, from my so called "friend"'s mom. I had not known that her mom's name WAS NOT on the title UNTIL I purchased it. She gave me a written paper from the owner of the vehicle, stating that "she can do whatever she pleases with the car, it is hers, and that the title was still in her name due to "money issues"". I went down to the DMV, to have the title and my tag transfered to my name. They told me there was a hold on the title/car, and that once they found out what it was, they would call me. I went down there today, to see if I was able to transfer it, hoping it was cleared, for some stupid reason. Well, they told me that I had to get a hold of the owner. I do not know the owner of the car. I called the authorities to see if the car was reported stolen, THANK HEAVENS IT WAS NOT! But, the sad part is that it has a lien apparently. What do I do, or what CAN I do? Am I able to fix this situation, or will they try to take they car away from me? Please HAL, help me! I need advice!
Have I been scammed?
Looks like your friend's mom sold you a car with an outstanding lien still owed on it. That means the lienholder owns the car, and at some point they may locate it and repossess it. Before that happens, seek a refund from the mom. If she won't give you a refund, you can take her to court.
In CA, you can get up to $7500 via small claims court without having to get an attorney. If you paid more than that, check out www.naca.net and see if an auto fraud attorney will help you.
For next time, be sure to insist on seeing the actual title before you buy -- that includes buying a used car from a dealership.
Backdated Recontract on used car sale from major dealer
My son (19 yrs)bought a used car with financing from a major dealership in WA state.He put $1000. down,was not given a receipt, nor any paperwork on the signed negotiated deal. He was approved and allowed possession on the 4th day, and was given the sales contract/paperwork with deposit applied. After 2 weeks the lender called me to verify wages for my son (also our employee).In our discussions they discovered that he bought the car for his girlfriend to commute to work. Upon that info they declined his financing and demanded he return the car. He did so immediately, they inspected the car and said he did not put any damage or excessive mileage on it so they would accept it back, refund his deposit, and not charge him anything extra(which they threatened him with when they requested the car back). My husband & I felt bed for our son and debated whether we would help him by purchasing the car for him.The finance manager proceeded to go on and on about how well they service their used cars and talked us in to a new deal on the car. We renegotiated the price and paid $3000 plus tx & lic. for the car. The finance manager re-wrote the contract but he put the old sale date on the contract and the old odometer reading on it.At the time he told us he had to do it that way and we did not know any better. 2 weeks after this the transmission went out. I searched the web for what rights we might have and contacted the Att Gen Ofc for info. (no complaint as yet) I found the implied warranty of merchantability, "bushing", "dehorsing". but I don't understand if they really fit this situation. He did sign an "as-is" form but the implied warranty was never separately negotiated nor was a statement given on any specific characteristics/or parts waiving his implied warranty. The car was used consistently as a commuter car for 4 weeks and 3800 miles driven. It has been sitting in the service dept for 2 mths waiting for a resolution between the dealership and ourselves.Is there any recourse?We have repeatedly requested the dealer to fix it or take back car & refund our money.They refuse. They have offered to put $500 toward repairs of $2500. or give us a deal on another car.We looked and did not see any we wanted.Now what? Do we have any recourse?We have written letter and had face to face meet with 4 reps from the dealer trying to resolve this...they were extremely nervous but couldn't put my finger on exactly why?Got to be something amiss here! Can you help with info.What are we missing?
car paid in full and no title
Hi Hal,
State NJ. Beginning of the year, my sister in law purchased a used car from a dealer in PA. The car was paid full at the time of purchase. Took the car home and waiting for the tag and title to arrive. A few weeks later the dealer file chapter 11 and no title was ever mailed to the house. Later on, we found out that some bank is currently holding the title. What should we do now? We have the receipt of the purchase? What is the legal right as a consumer has in this case? Thank you
Saftey check but not true
I also wanted to mention a few more things, it was never disclosed to me that the first car I had purchased from this dealership had been in an accident at the time of purchase, I found out on my own. With the second car I ended up paying 2k more, the dealer told me to take it or leave it ! I have been driving a car with major saftey issue for about a year, until recently when I finally decided to take it in for service and get to the bottom it. I have been meaning to bring legal action against this dealership for a while now, but I'm not sure what rights are out there to protect me regarding such case. I have proof of my e-mails I sent to this dealership concering the saftey issue the same day that I picked up the car and have taken picture, gathered evidence from this dealership's lot selling cars with sitckers stating: Saftey Ok. Eventhough the car was sold " as is " by this dealership with no warranty, I'm wondering if there is any sort of law that requires dealerships not to sell vehilces on their lost with major saftey issues such as - in my case, or if at least they should be required by law to disclose major saftey issues ?
Thanks.
Saftey check but not true
I purchased a 2002 BMW 530I from a used automotive dealership in Irvine, CA last June. I come to find out a few days later this car had been in an accident. After getting hassled - going back and forth, the delarship finally agreed to take the car back and get me into another car. I originally asked for my full refuned but they refused and I kind of got forced into the second car. The day I picked up the second car, I notcied that the ABS - Airbag and Tranction Control come on. I notified this dealer immediately of such case but they basically told me you're on your own on ! This dealership has stickers on all of their cars that state: Safety Ok and Smog Ok, including the the second car that I purchased from them. Recently while I was driving on the road, I pressed the break peddle to try to come to a stop and the wheels locked. I nearly scaped a very serious accident. I took the car in for service at BMW in San Diego and they told me that it will cost $1800 dollars in repairs. My question is, do I have a chance against this dealrship in small claims court because they misrepresented on the first car that they sold me which I have kept all (proof) and now with this second vehicle they misrepresented Saftey ok ! Is there any kind of law out there against dealerships misrepresenting cars with saftey issues ?
Thanks.
Car Purchased, but no product
I recently purchased a car from mercedes benz from thier pre-owned dealership in NJ. The deal was completed on May 28th, but I was told I could not pick up the car until they received the check from the external lender. I gave the dealer a large down payment, more than what was financed. Is this normal practice for the dealer not to release the car until they receive full payment (customer and external bank)? How long is too long to wait?
NEED HELP
First issue: car was repossesed today because i was three days late and i called to see what amount to pay to get it back; the finance person told me i couldnt get it back because i breached the contract because the car was at my mothers where i was at the time, but i live with my grandmother and thats considered a change of address without notification. Isnt this illegal?
Second issue: Is this company able to do this above issue, since the manager had to redo my contract to change the due dates and I have not signed the new contract. I know i cant get all my money back but am i able to get any of it back? The reason the contract was redone is because the orginal sales person said the car had to have an alternator put on before I purchased it and it would take a few days. so i went back after a few days and purchased the car thinking the repairs had been made. Two days later the alternator died while i was on the freeway. I ended up paying for a new alternator and that was made me short for the upcoming payment. I went and spoke with the owner and she stated she would redo the contract to push back the due date of the first payment. I have made a total of 3 special payments and 2 regular payments. And this is the first time i would have been late. Are they able to keep all my money if i didnt sign the redone contract? Am I able to get anything back.
Safety Check - Now issues
I purchased a 2007 Nissan Altima 4 days ago from a Mazda dealership and I was taking it to the Nissan Dealer to check it out while it is still under the 60k warranty. While there they told me that they recommend that I replace front brake pads and machine rotors and the rear brake service pads. If this car was certified and safetied, shouldn't this be already fixed and not something I need to fix now?
Thanks,
Re-written Contracts
My wife and I bought a certified-used 2005 Honda Civic, and two to three weeks later we were told we needed to return and re-sign paperwork. I found out 6 months later that they increased my interest rate to 8.9%. The paint is already peeling bad on the front bumper, a front headlight went out, and now the CD player has stopped working. Are any of these issues serious enough to return to the dealer for? Also, with the re-written contracts, are there any actions I can take against this Honda dealership?
i cannot afford my lease anymore
i can no longer afford my lease payments. im behind 3 payments and im about to go into default and get my car repossed..i dont know what to do.i lost my job and im looking for another. they bank is not trying to work with me at all.my dad is the co-signer and i dont want to ruin his credit but i really cant afford it anymore.some people are telling me to let them reposses the car and then when they try to get the rest of the sum owed after auctioned to keep saying no that you wont pay and wait till they come to a settlement for very little money pay it off and just pay a debt consolidation person to get it off the credit is this true?
cannot afford lease anymore
Dear Consumer:
A repossession is the worst case scenario, because it digs you and your dad into a bad credit hole. A repo usually stays on your credit report for 7 years. It can make the interest rate on your./his existing credit cards skyrocket and raise the price of any other loans you or he take out in the future, including installment loans. Most employers want to see your credit report before they hire you, so it can cost you future job opportunities. Landlords also ask for credit reports, so it can make getting housing tough.
Here's a better option you can explore:
Join a credit union. Take them the info about your current lease and see if they will work with you and your dad to get into better terms. Since you have missed 3 payments, don't delay.
Also talk with a non-profit credit assistance organization to see what advice they can give you to deal with this, and preserve your dad's credit. As your local Better Business Bureau if they can recommend a reputable credit assistance organization. You may have more options than you realize.
Good luck, and best wishes for finding a good new job.
Balloon Contract
Almost 4 years ago I went to get a Honda Accord. I specifically stated that I cannot get myself into a lease because it was going to be guaranteed that I was going to go over my mileage. I told him that the car needs to be financed. All of a sudden, I started getting calls that my lease is almost up. I called the finance company for further explanation and they told me that i'm under what the call a Balloon Contract. I didn't even know what a balloon contract was nor was it explained to me at the dealership. Salesman at Honda did not notify me that my car was not financed. I have spent thousands of dollars on a car that I cannot keep and because of the economy noone will give me another loan to purchase another car. Should I take further action on this? According to other car salesmen I have been scammed.
Balloon contract
Dear L,
Take a close look at your contract to see if it's a purchase or a lease. If they switched you from a purchase to a lease, that is a common scam and you may be able to get the deal unwound. Check www.naca.net for an auto fraud expert who can advise you, given the particulars of your case. Since it's been 4 years since the transaction occurred, you may be running out of time to get this resolved, so don't put it off.
the pressure cooker
i went to a dealership to purchase a car i found the car i wanted and put a $400 downpayment. the contract i signed was an agreement to purchase so thats what the dealer told me as i was readin it he was kind of rushing me but i still managed to read it i however didnt notice it stating i have a time limit to bring the check. Now iits been a week and hes tellin me i have to pick up the car by the end of the week cause he cant keep it on th lot not to mention he even told me if i dont then he has another buyer. Is any of this leagal and what should i do hold and call his bluff to get the car or just simply cancel the whole agreement. Also i wanted to know can a dealership sell "as is" cars or should i get that crossed out in the contract
not sure, i feel they have stole my car they sold me.
I purchased a used car from a new car dealer in (Kentucky), in the contract they agreed to fix the minor problems i found at the test try. They checked the car and agreed to fix, they showed me a carfax everything checks out a clean on the title. We purchased the car signed and wrote a check for the purchase. I bring the car home and they were supposed to order the parts to repair. I took the car back to them about a week later for repairs, I call and check on the repairs a few days later and response. About a week a general sales manager calls me and tells me it has a salvaged title and gets rid of the car i purchased and try's to get me to buy another car. The manger tells me it going to take about $2700.00 to fix the problems they found when they tore into it. I believe now that they have seen that the problem they said they would fix is going to cost alot more than they expected, they told me it had a salvaged title and got rid of the car. Any advice would help my to handle this situation. Thanks in advance
former salvage auto
Dear Paul:
Do you mean they sold the car you bought from them, without your permission? If so, that may be what is known as "conversion," where you entrust a product to someone to have it repaired, then they convert it to their own use - and in this case, sold it.
Check with an auto fraud attorney at www.naca.net for legal advice on how to get this resolved, and also report this to your state attorney general's office.
Lien on Car
I bought a car from a dealership that I saw on ebay. I got financing from my bank and everything went smooth at first. I flew done to Texas to get the car and drove it back to Indiana. They told me when the loan check clears they will FedEx the title to me. They told me it was a clear title and it even said it on their website. When I was sent the title, a lien was present and the lien was not released, so the title was not clear. So, I been calling to speak to someone almost every hour for a week. I left phone messages and email. No one has called me back from the dealership. I got the number for the company that has the lien and they told me that they can not give me that information even though the title is signed over to me. What should I do?
lien on car
Dear Blee:
This is a very common scam. Since they are stonewalling you, you should talk with an auto fraud attorney in Texas and find out what your rights are and what you can do to get this straightened out. There's a list of auto fraud experts at www.naca.net. In most, if not all, states, failure to provide a clear title can be grounds for unwinding the deal and getting at least a refund.
"certified" car broke down four days after purchase
I bought a 08 certified Nissan sentra, realized after I got it home it had prior front end damage that I was not notified about and it broke down on the freeway four days after the purchase. I was driving started to lose power the check engine light comes on and smoke starts coming from beneath the hood. Is there anyway I can return the car, they want to fix it but I feel it was misrepresented.
"certified" car broke down 4 days after purchase
Dear Brittany:
You may be able to return the car and get a refund, but you need to do it carefully so you are protected and it is not treated like a voluntary repossession, which could hurt your credit and cost you more if they come after you for the deficiency.
To find out what your rights are, check out www.naca.net and find an auto fraud attorney who can advise you.
Also, since it sustained front end damage, get it inspected to find out how extensive the damage was and whether it's even safe to drive. You can find a good body shop at http://www.cartalk.com/content/mechx/.
For next time, don't pay extra for a "certified" car. That is mostly hype. Instead, pay for your own inspection BEFORE you agree to anything.
Can't afford the monthly payments
In 2004 I traded my car in that i still owed $8,000 to get a 2004 Pontiac GrandAm GT. I ended paying way to much a month for my payments than i wanted to. I was able to make the payments just fine until recently when I had to take a new job and less money. So now I can't afford my monthly payments and I still owe $12,000 on it. If i don't come up with the money soon it will get repossessed. I wanted to try to go to a dealership and see what they will give me and get a new car with lower payments. I even have a co-signer that will sign for me. But I don't know if that's the right thing to do because I might just end up right where I'm at now. What should I do? Let the bank repossess it or see what the dealership offers me.
Can't afford monthly payments
Dear Amanda,
A repossession is the worst case scenario, because it digs you into a bad credit hole. A repo usually stays on your credit report for 7 years. It can make the interest rate on your existing credit cards skyrocket and raise the price of any other loans you take out in the future, including installment loans. Most employers want to see your credit report before they hire you, so it can cost you future job opportunities. Landlords also ask for credit reports, so it can make getting housing tough.
If you trade in your car, the negative equity from your Pontiac will get rolled into the next transaction and inflate that payment. You would end up even deeper in debt. Not a good idea.
Here's a better option you can explore:
Join a credit union. Take them the info about your current loan and see if they will refinance your loan on better terms. If you have been keeping up the payments, that might have raised your credit score, compared to when you bought it, which can help you get a better rate. If you have missed any payments, get current with them, if at all possible, before you try to refinance. That will increase your odds of getting into a better deal.
If you don't qualify for better terms on your own, and have a co-signer with good credit, that may make the difference. They need to know, however, that if you lose your job or are unable to make the payments, they will be on the hook, even if they don't have possession of the car.
can i cancel contract and get my down payment returned?
I purchased a brand new car with mother. I put 2000 for a down payment, my mother and I signed a contract.after all that I was told I could not take the car because I was not officially approved by a bank. The dealership sent me home in a loaner vehicle. Tomorrow will be 7 days since the purchase. I still have not received my new car and the dealership has cashed my check. I would like the contract cancelled, I would no longer like to purchase the car from this dealership. Can you please help?
can I cancel contract and get my down payment returned?
Dear Jesse,
Usually once you sign a contract, you have a deal. But this looks like an unusual case where the dealer is trying to have it both ways. If you bought the car, you should be able to drive it, right?
Return the loaner car and, if you can, borrow or rent a car for a while until this gets sorted out. Send a written demand for the return of your down payment, keeping a copy for your records and sending it via certified mail so you have proof the dealer got it. If you don't get a refund, within a few days, then either take the dealer to small claims court or find an auto fraud expert (www.naca.net has a list of auto fraud experts in each state) who will represent you on a contingency basis, which makes getting legal help affordable.
Called back 30 days after lease contract saying no lease
Hi-
I went to a dealer one Saturday telling them that I had a deal in place and that I was looking for a little less. I mentioned if it can't be done, that's fine but I would be willing to sign without going back and forth. The salesman basically got the exact terms I was looking for on the least.
A week later I was told I needed an actual copy of my social security card to make everything set. I told them I lost it and would get a new one but didn't understand why the actual card was needed. So, after 30 days pass, I get a call from the dealer from someone I never met in finace telling me he was calling for someone and that I would have to come in and sign new leasing papers. He said they were not able to get financing and that my rate would go up (a lot it turned out). I refused to resign under those terms and said I would turn the car back in if I had to. He said that the financing they thought they could get didn't happen because I had been to another dealer who had turned me down (although that is complete news to me and was told the opposite from the first place I went). I checked over my papers and the only thing about having the right to cancel a lease was a paper I signed stating the dealer has 7 days to obtain financing from the lessor or to assigne the lease agreement. It says this limited right to cancel will end at the date we obtain financing from the Lessor or assign the lease, or at the end of the stated time period (which is again 7 days).
So... what I think happened is that they didn't obtain financing and so now they are stuck. The strange thing however is that I have my title in a companies name and used that and other documents to have it registered in my state and obtain plates.
Finally, they came back to me and said they had the financing figured out and that I just need to put more money down (5% to qualify), which in turn would make my payments go down. The math adds up, however, I no longer trust them. My thoughts are for them to ask to show proof they have obtained financing in advance and refuse to sign another limited right to cancel- lease paper.
I don't really know what's going on. I've talked to a lawyer who says I should not sign anything.
Any thoughts or help would be very appreciated. I have spent hours of my free time trying to deal with this mess, and these dealer people have turned around and implied that this is my fault in some way (no social security card, going to another dealership, limited credit [although it's excellent]), etc.).
Any thoughts? Thanks very much
called back 30 days after lease contract
Dear Called Back,
You're wise to be wary of this "deal." Looks like the dealer is trying to "yo-yo" you. Here's a link to info about the yo-yo scam:
http://money.cnn.com/2004/01/14/pf/autos/yoyo/
There's also more about yo-yo's and what you can do, at:
http://www.youtube.com/watch?v=Tw8fLWpfLFw
Don't let the dealer intimidate you into agreeing to worse terms. Ask an auto fraud expert to help you get this deal unwound so you can take your business to another dealer who doesn't engage in such shady practices. (www.naca.net has a list, by state). Make sure you do it by the book, so that your credit isn't harmed.
Washington: Fake Warranty Expiration Scam
I think I am the victim of a crime.
Early this year, I started getting letters saying that my auto warranty was expiring and that I was being a given a "final notice" to renew it. That didn't seem right to me, and I made a mental not to double check my warranty. Turns out my wife fell for this hook line and sinker. She did not realize that our warranty is nowhere near expiring and that any claims that it was expiring were totally wrong. Our real warranty does not expire for YEARS. She purchased this "warranty" over the phone while being assured that this was necessary to avoid a lapse in warranty coverage after this company called her back.
They've gotten me for nearly a grand so far, and expect payments every month of about $150.
Do I contact my state attorney general?
Do I call them and demand a refund?
Start with the certified letters demanding a refund?
Consult my dealership?
Can I sue these guys for the time and stress?
This is just like the stuff my state attny gen warns about on their sit:
dubdubdub.atg.wa.gov/pressrelease.aspx?id=18670
There is also a federal case about this EXACT process with a sample letter that looks like a less deceptive version of what I have right here in my hands from these nasties.
dubdubdub.infozine.com/news/stories/op/storiesView/sid/35855/
fake warranty expiration scam
Dear Joe,
You've done a good job of sleuthing and you're asking all the right questions. Do complain to your state attorney general and to the Federal Trade Commission. The companies that engaged in these practices are under investigation and at some point you may get a refund. Meanwhile, ask your state attorney general if you can stop making the payments without your credit being harmed.
Is the sales contract binding if not taken possession?
Hi Hal. I am in California. I was sold a car in CA on Monday. I was shown the specs of a different model in the line of cars when we were in early discussions. In the middle of our discussions, he said that he couldn't get me that model for the price we're willing to pay, but he can get me the lower model in the line. He never told me that there were any differences between the "new" car and the previous one we were looking at except for the in engine size (i.e., model) and the color (the car in question now being the color I desired). We moved forward with the price negotiations. We settled on an agreeable price and moved ahead and signed all the paperwork. Once everything was signed, the deal was conditional on financing being approved (it was end of the day of a holiday so no paperwork could be submitted then) and me showing proof of insurance. A staffperson then showed us all the features of our new car. As he was showing us the features, we realized that this car did not have all the features that were in the spec sheet of the original car we were looking at. We immediately told the salesperson that this is not the car we thought we were buying and we did not want this car. The salesperson said that he will call me first thing in the morning to find me the car that I want. Satisfied with that, I left the dealership.
I had never driven the vehicle or even sat in the driver's seat.
I faxed in 2 letters, and left multiple voicemails to the finance dept of the dealership, requesting to cancel the contract in the past few days.
The general manager tells me now (4 days after the sales contract was signed) that the sales contract is binding and I should go and pick up the vehicle.
What are my rights? Is the sales contract binding even though I've never taken possession of the vehicle? What about if they misled me to believe the car I was buying had features in it that indeed this particular car is lacking (the features I wanted were the ones in the spec sheet of the original car we were looking at, before he switched the car to another one).
Thanks so much for all of your help.
Auto Bail-Out question
Hi Hal,
I went to a Chevy Dealership 2 weeks ago and spoke with a salesman from Rush Hour or otherwise known as Infinity Marketing. Apparently, this group of people go around from state to state to different auto dealerships and they are the ones that put out the real nice big flyers you get in the mail. The salesman from this group helped me and told me they could not use my car as a trade-in due to me owing around 8,000.00 too much. However, he told me that due to the auto bail-out that is going on, I could purchase a new car and surrender my old car to the bank and they would not be able to come after me for the difference after it was auctioned. I am now finding this is not correct and I am stuck now with 2 car payments or having one of them repossessed and owing the difference after it is sold. I cannot afford this or afford for my credit to go bad. Have you ever heard of such a thing. I cannot believe I fell for such a scam!!, or is it not a scam. Please advise. Thank you. Fool in Utah
auto bail-out question
Dear Utah,
In my humble non-legal opinion, you're right and it is a scam. Unfortunately, the bailout does not mean that lenders will not repossess your car. In fact, more of them are getting more aggressive about repo'ing cars, and repo rates are climbing. It's very cynical ploy for a dealer to exploit the confusion about the auto bailout -- which has even legal experts' heads spinning.
You can try returning your new car, but be prepared for them to deny you a refund. Check with a non-profit credit counseling service and see if they will help you figure out what your options are, so you can avoid having a repo on your record. You may also be able to get an auto fraud expert to help you unwind the deal, since you were misled about the terms. www.naca.net has a list of auto fraud experts, by state. Ask them to represent you on a contingency basis, which makes getting legal help affordable.
Auto Bailout
They can and they will sue you, I am beign sued by Ford motor Credit for $6,600. I lost my job last year and did everything I could to keep up with the payments but 4 months went by and I had to give back the car. They got it back in excellent condition with all service records, the car was a little over 2 years old a ford mustang with 30,000 miles on it. They sold it at auction for 11,000 I owed about $18000 on the car. They turned it over to a law office and the law office told me that they pulled my credit and that I had $5000 worth of open credit that I could use to pay them with. I did have a medical credit card with a $5000 limit but you can only use it for medical purposes, (I got the card because I was considering lasik eye surgery). I explained this to them, they called me a liar and filed a law suit against me. If they win they could garnish my wages or put a lein on ,my house. I am 28 and live alone, I am only working part time and going to school. I have $7,000 in debt in addition to Ford. They choose to pick on me because some law clerk had her panties in a wad the day I talked to her and told her I have no money, I am broke and hanging by a thread. Now I see an ad on TV saying that Ford Motor Credit will make your payments for 1 year if you lose your job and qualify for unemployment. Well I fit that criteria. So far I have retained an attorney and he has filed an answer with the court and we have yet to hear back. To add insult to injury, two of my family members came together and gave me $5000 to purchase a cash car after the mustang was repossessed. I bought a Mazda protege, even had it checked by a mechanic and 6 months later the head gasket blew. So my 86 year old grandmother and my mother had to co-sign together and buy me a 10,000 Civic. the payments are $250 a month and they are making the payments for now cause I am broke. I consulted with my family before I let the car be repossessed, they could have helped me make the $450 payments, but we all felt that letting the car get repoed wouldn't be so bad and I could just get acheap used car and pay off Ford at a later date, boy were we wrong!!!!!DO NOT LET YOUR CAR GO BAD BAD HORRIBLE IDEA!!!!!!
Scam 1 possibly scam 6 aswell
I bought a new 2009 mitubishi lancer MSRP $23000
they included my neg equity and brought the car to $30000
now i wouldnt had many issues but now i have been made redundent they wont take the car back.
i read your site and realized that after i thought they was helping me, they were actually only gave me $12000 for a $21000 car (leased had 5 months on it) when i confronted this they played with the Agreement papers and made it appear they gave me more for a trade in but alas they did not
what i would like to know what are my options?
Can a used car dealership refuse to return my tag?
Hi,
My car got repoed yesterday and the towing men wouldn't let me take my tag off of it. They told me I have to go to the dealership to get my tag. Now, is it legal for them to refuse returning my tag even though it's in my ownership?
Ever since the beginning I've felt this dealership have scammed me with extra fees and paying twice a month as opposed to once a month, for a total of 489.98 a month. This car has had engine overheating problems constantly, even when the anti-freeze is filled, and battery problems since the third month from the time I bought it.
Just recently i've had financial issues and could not pay last month in full. Three days ago I sent them what I could afford which was 239 (about half of the full month's payment), then they took it back.
Anyways, besides my venting, my main concern is getting my tag back. I no longer want to keep that car, they can keep the P.O.S. and try to sugarcoat it's defects for someone else who will be dumb enough to buy it.
I just hate the fact that dealerships like to take advantage of young women who know nothing of cars. This is my first time living away from home and this has been a great learning experience for me. Next time i'm asking for a car fax and not shopping at some rinky dink dealership.
Thanks for anyone who can give me info in advance.
Question about tags and tax fee
Hi Hal,
I bought a new car 2 days ago and the dealership had me write a separate check out to our state's department of transportation for taxes and tag fees. At the time I wasn't paying attention too well and I should have been, but they said this check can take up to 5 weeks to clear. I was wondering, why can't I deal directly with the state myself, and why did the dealer have me write a separate check? Is it normal for that to happen or are those fees normally put into the amount financed? Is it too late to have the amount added to the loan amount? Thank you.
Tax On Vehicle Purchased Out Of State
Hi,
I am about to make a purchase of a vehicle if Florida, but I live in Maryland.
Can the dealer charge me a FL sales tax, eventhough I may have to pay a MD sales tax when I register the car?
Do I have to pay both state taxes?
Please advise!
Regards,
Concerned Customer
tax on vehicle purchased out of state
Good question. This also raises another question -- with all the bargains to be had in Maryland, why would you even want to buy a car in Florida? At a minimum, make sure you test drive it and have it inspected by a qualified, independent technician before you finalize the sale. Also make sure the seller actually has the title. A lot of bad cars, including stolen vehicles with altered VINs, are sold across state lines.
Assuming this one is a peach, and not a lemon -- ask the authorities at the motor vehicle department in Florida what their state's tax policies are, and factor that into whether this purchase would be such a great deal.
my friend bought a car
I have a friend that bought a car AS IS for 1,200 cash, they gave her a rental car to drive so they could clean the car up. She had it for two weeks, with the thirty day tags on it. She had the car for less than a week and it broke down, wont start unless its jumped. The tags expire the end of may and I want to help her, but, she also signed a contract saying she would be responsible for what ever breaks down on the vehicle. My friend is only 25 and she trusted whatever the dealer was saying. I want her to turn the car back in and she says they won't take it and give her money back. Then she heard of someone else who bought a car from them and the transmission went out on it after only two days. Please tell me if their is anything I can do to help my friend.
friend bought a car
Dear Robin,
"AS IS" usually means you're on your own for getting repairs, unless fraud in involved. However, she may be covered by implied warranties or other protections. She can ask her state attorney general whether her state provides a minimum level of protection in cases like hers, or check with an auto fraud attorney at www.naca.net for advice.
If she decides to have her car repaired, and keep it, she can find a good mechanic at Car Talk's Mechanics Files, at:
http://www.cartalk.com/content/mechx/
i bought a 99 pontiac
i bought a 99 pontiac firebird and the cat converter is hollow i bought it with a "as is" warrenty is it still illegal to sell that vehicle
labeled certified
I purchased a 2007 Saab 9-5 CPO in Texas. After spending seven Months of having window and door issues (still not fixed) I found out the Vehicle was in a wreck in front of the dealership 3 months prior to my purchase of the vehicle. The car fax report that was given prior to the purchase did not have the Accident information but the new report the dealership pulled for me shows it. Is there anything that can be done to have this corrected in my favor since the dealer is offering a low trade in value for the car which would leave me with negative equity on a new purchase.
labeled certified
Dear Felix:
In my humble non-legal opinion, this looks like a classic "certified" fraud. First the dealer didn't disclose the fact the "certified" auto sustained major damage, and now he wants to shortchange you if you traded it in. Pretty outrageous.
You're smart to reject that lowball offer. Instead, get the "certified" clunker inspected by a qualified mechanic / body shop to see if it is even safe to drive (see Car Talk's Mechanic's Files at http://www.cartalk.com/content/mechx/). Then check out www.naca.net and see if you can find an auto fraud expert you're comfortable with who will represent you on a contingency basis, which makes getting legal help affordable. No reason you should have to take a loss.
BTW, a lot of people have the same complaints about Carfax reports -- they're clean when you buy the car, but later on the bad news pops up.
Scam 6. Changes to the Advertised Price
Hello there,
I recently saw an advertisement for a used vehicle on Craigslist.org. The advertisement was for approximately $20K, which was $10K less than the suggested retail value. I thought this was a screaming deal so I called the dealership to confirm if this was true. I spoke to the General Manager and he said that if I came in that day, he would sell me the car for how much it was advertised for. I drove an hour and a half to see the vehicle. When I got there, he told me that the ad was a mistake and the salesman accidentally typed in the wrong price. He felt bad and gave me a $300 gas voucher and offered to detail my car and pump a new tank of gas. From what I have heard in the past, I thought it was the law for dealerships to sell vehicles at the advertised price. Is there any action I can take?
changes to advertised price
Dear Consumer:
You're right that dealers are supposed to sell cars at the advertised price. Otherwise, it's generally considered bait and switch. The fact that the general manager confirmed the price over the phone, but changed his story after you had driven for an hour and a half to see the vehicle, also looks shady. But -- since you didn't buy the car and they gave you a $300 gas voucher and offered to detail your car and give you a new tank of gas mitigates your damages.
So technically they may have violated the law, but it's probably not worth making a huge deal out of it. I'd suggest you chalk it up to experience, and be glad you didn't do business with them.
paying more for the car's value when trading-in?
my husband and i went to get his mini serviced for an oil change. when we got there, we were told he didn't need an oil change and the salesman said we should consider trading in because the mini has a lower depreciation than a bmw and they have a good deal which will allow us to get an upgrade for the same price we are paying now. he was saying that we would be paying the same monthly payments or for $6 more, we can have a brand new car. he said we can pay $375 for 2years and have $11,000 balance which we can refinance. then he gave us a piece of paper with figures and at the bottom he wrote $375 for 48mos + $11,000. he didn't give us the total value on the paper, but adding it up myself, it comes up to $29,000 which is more than the value of the car as is. the basic package without taxes and fees is $22,600.
when we asked him how much we have paid and how much we have left to pay for the existing mini, the guy asked us to wait. he then came back with his manager who asked us what the problem was. he was cocky and intimidating asking us what the problem was because he was basically giving us a new car for the same price so why are we refusing it. we said we wanted to compare the bottomline figures of the existing car with what they were offering. he said it is in their fileroom and they cannot pull it out. he said if we wanted it, we can check online or they will mail it to us. he said he was giving us a good deal and it's up to us if we want to miss out or not. he added we only had a week to decide. so my husband said we came for an oil change so we're not going to decide then and there. and i said i still want to compare the values, because i don't know the remaining balance of the car we have.
when i got home and found the papers. found out the car is 17mos old worth ~$24,500 and we had ~$17,000 remaining balance with ~$7,500 paid off so far. Our mileage is 23,000 and it is in good condition. I don't know what he wanted us to think, but that's a $12,000 difference. We could just use the $12k to add to a new car.
So when i called him to clarify why it is bigger than the amount on the paper, he said it was 4yrs + balloon and with taxes and fees (that makes it 28% higher than what he quoted), that makes it 29,000. then he said our car has no equity and we are actually short $2,500.
i just wanted to ask if this was normal. is it normal to trade up a year old car and end up paying 28% more on a new car? is this a scam? or is this legal? if it is, i think people should be careful when these sales guys tell you that you can get a new car for the same price. esp when they don't want you to compare how far you're in the payments.
paying more for car's value when trading in
Dear Consumer:
You are soo right to be skeptical of this "deal." And so smart to steer clear of those guys. As you figured out, they were trying to pull a fast one. Unfortunately, a lot of people feel pressured or intimidated under those circumstances and fold. You did the smart thing and left. and crunched the numbers yourself. You are to be commended for standing up to their tactics. Thanks for helping spread the word about scams like this one.
Issues of receiving my pink slip
My husband recently purchased a 2001 GMC 1 Ton Duelly at a private dealer ship my the Name of Remate Del Monte 3235 N Peck Rd. at EL MONTE CA. We paid cash for this truck and was promised to mail us our "PINK SLIP". To this point we havent received anything, but DMV letter indicating we need to pay for the Tags for next year. I just received the sticker for next year, and still noticed that it still states the Lienholder under "Remate Del Monter @ El Monte CA". And my husband and I as the registered owner. My question to you is; what can my husband and I do to receive our Pink Slip? We paid for the tags ,paid cash for the truck, and it's been since February when we purchased this truck. We also contacted them over the phone about it, and claim it's coming in the mail, this phone call was made three weeks-month after purchaseing this vechicle. Is there anything illegal going on here? Can this dealership get in trouble? Why haven't they considered mailing and changing the lienholder to us when we have already paid cash for the truck? Please let me know what actions I make take to get this stituation covered and go on with outr merryself's. Thanks:)
issues of receiving my pink slip
Dear Texas Gal,
You are right to be worried about this. Many dealers are failing to pay off liens, as promised, as more of them go out of business. Then people who buy those vehicles are ending up having them repossessed by the former owner's lienholder -- even when they paid cash or have made every payment in full and on time.
To protect yourself, create a paper trail showing that you requested the pink slip. Write a demand letter to the dealership requesting the pink slip and send it via certified mail so you have proof it was received. . Then if the dealer still does not send it, consider getting an auto fraud expert who can compel them to do the right thing (see www.naca.net). The DMV should be on top of this, but due to budget cutbacks, etc they are swamped so don't hold your breath waiting for them to get your pink slip for you.
I just purchased a used car.
I just purchased a used car. When I test drove the car I didn't notice anything but, the next day I noticed that the car was making a knocking noise. The dealer told me to bring the car back. He drove the car and told me that the suspension and brakes were bad on the car. The dealer also, told me that if he would have known the car had these problems he wouldn't have let me drive the car off the lot. He kept the car to have it repaired when I called back the next day I was told that they had to wait on parts and that there is over $1200 worth of work that needs to be done to the car. Can I just return the car. I didn't even have the car for 24 hrs before I had to return it.
I just purchased a used car
Dear Nicky,
Unfortunately, no state has an automatic "cooling off period" for used car sales. CA has a minimum two-day return option, but dealers are allowed to charge for the option and virtually no one gets it. So unless you are a rare exception, you most likely cannot just get a refund by invoking a right to a no-fault return.
Regarding who should pay for the repairs -- in general, a lot depends on whether you got a warranty. Check your paperwork and look for the Buyer's Guide, which should have been posted in the window, and is supposed to tell you if you are getting a warranty or not. In general, if you buy a car "AS IS" you are on the hook to pay for repairs, unless you were defrauded or it was in such bad condition it violated the law.
But -- since the dealer has admitted he sold you a car with bad brakes and a bad suspension, that may mean he should pay for the repairs, which are required simply to make the vehicle safe to drive. In other words, you may be protected by an implied warranty that the vehicle is fit to drive.
If you end up paying for the repairs, you may be able to get reimbursed for them. First ask the dealer to foot the bill. If he refuses, and you can pay for the repairs, you can do so, then seek reimbursement via small claims court, where attorneys are not allowed, and you can represent yourself.
It's probably also a good idea to get the vehicle inspected by your own qualified, independent auto technician / body shop to find out if the vehicle is safe to drive and if the dealer actually did a competent repair.
For the future -- the safest thing to do is to get any car inspected by a qualified, independent auto technician / body shop BEFORE you agree to anything. If the dealer won't let you get the vehicle inspected, that is a huge red flag they are hiding something serious. Time to walk away. Here's a good place to find a good auto technician:
http://www.cartalk.com/content/mechx/
slime ball dealer
My ex loses her thoughts and calls the car lot to pick up the car. She signed some type of waiver. the payments are current. Dealership has no sympathy even though the car is aklmost paid for. Can she get the car back? if not is she entitled to some of her money returned?
slime ball dealer
Dear Consumer:
If I understand your question, your ex had her vehicle repossessed even though she was current with the payments. She also signed a document called a waiver. Looks like she needs some legal help, since you say the dealer has no sympathy for her plight. She should get in touch with an auto fraud attorney who can advise her about what steps to take to get her car back and not have this harm her credit. Check www.naca.net for a list of auto fraud attorneys in her state. Good luck to her.
car contract
I signed the contracts to a used car on 5/23 in Oklahoma. After they detailed it, the car still looked like carp and I told them I don't want it. I did not touch the keys or drive it off the lot. is the contract still final or can I truly terminate it.
car contract
Dear Frank,
Unfortunately, no state has a "cooling off period" for cars. So in general, once you sign you have a deal. If you leave your car there, the dealer may treat it as a "voluntary repossession" and ruin your credit. If you were told the vehicle would look pristine and they didn't deliver that, you may be able to get a discount. If you want legal advise about what to do, check out www.naca.net.
lemon case/loan payments
Do I have to make payments on a car loan with BMW for a pending Lemon case (just starting the legal process with a Pre-own BMW)?
lemon case/loan payments
Dear Erika,
Good question. Definitely ask your attorney if you can stop making the payments before you stop, or you may find your credit ruined by the lender. There may be a way to stop, and preserve your credit, but it often depends on how you got the financing, and the particular laws in your state.
Do I hav to pay for the fraud certified car?
Hi, Hal:
I am the victim of the fraud certified car deal of Fremont Toyota.
and an attorney is handling the case for me.
I want to know during the case, do I have to still pay for Toyota Financial? (As I finance the car)? Because the case is clearly a fraud case, can I stop paying Toyota Financial?
Jessica
510-818-1880
Do you have to pay for fraud -- certified car?
Dear Jessica,
Since you are represented by an attorney, this is something to ask her or him.
In general, the answer depends on how the financing was arranged and other specifics.
Usually, it's wise to keep making the payments until you arrange in writing with the lender to cease payments. Otherwise, even if you were defrauded, if you stop making the payments, it can hurt your credit.
Often, when consumers obtain financing that is arranged by the dealer they can get the lender to agree to allow them to stop making payments -- but -- it's very important to do this carefully and legally, or the lender may repossess the car. which not only means your credit is ruined but you may lose your best evidence -- the car.
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