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Top 10 Auto Scams

 

Hal Rosner is the founding partner of Rosner, Barry & Babbitt, a leading California law firm specializing in auto fraud cases and an adjunct professor of consumer law at University of San Diego School of Law. Hal has been gracious enough to offer his help to UCAN.org users free of charge.

 

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 other items, that 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, Barry & Babbitt, 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
Filed Under
Gas & Autos Automobiles -

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Approved but still waiting

i bought a car for a big dealership and they told me i was approved for a car loan for a 2007 ford explorer. the dealer told me that i could not take the car home as the title to the car has not come in yet. its been over a week still no call from the dealer on why i cant pick up my car. i have no signed any paper work and have no idea why a dealer is taking so long to get a title. was it wrong for them to sell a car with out a title and should i be concerned about this fact?

revising the contract

Hi Hal,
i traded my chevy hhr 06' to a used 06' honda accord ex 5 days ago. then the dealership called and said they need me to sign a new contract- revising it and offer me 2year warranty and lowering my monthly to $284 to $283. im not sure why they offer me this and offering me another 2 year warranty on the car. do i have the right to cancel the contract? are they oblige to offer me the 48 hr. cooling-off? i find another good deal on other dealership, same price but lower mileage and it's ex-l.
what should i do? thanks for your help.

by the way my name is harold

by the way my name is harold and i live in san diego, ca.

auto fraud

A dealership said i was approved for a car loan, come to find out I was denied. They are now telling me i have to sign a second loan offer for another bank. I dont want the vehicle. They also said they can put me in another loan without me signing for it, is this true? Please help me with this question.

Title to Vehicle

I'm currently selling a motorcycle online. I have an interested buyer who says he is from Tennessee...I live in Pennsylvania. He advises that he is arranging financing through USAA and that USAA insists I FAX a copy of the front and back of my PA Title before they will release a check to him for payment. I don't have a FAX and asked if it would be okay to scan and email the requested information and was told no...it must be a FAX. I'm not comfortable with this. I've sold vehicles online before and have never been asked to do this. Is my reluctance valid or should I not be concerned? Thanks for any help you might give.

USAA

I work at a Chevy dealership that works very closely with USAA. IT seems like a reasonable request. After all, no one can do anything with a faxes copy of the title. You can also verify this with USAA

sold wrecked subaru

about 5 weeks ago I bought a 2008 subaru legacy with 7500 miles on it from a subaru dealer in Florida. It was previously owned by a friend of the dealer's owner, and that person had died and his wife gave the car back to the dealer to sell. It had a clear carfax and they said they had had known the whole history of the car and it was clean. After a few weeks there were creaking and groaning noises and I had it checked at my local dealership- they found out there was substantive damage to the suspension one one side of the car. When I called the original dealership back, they looked into it and said "oh yeah the previous owner apparently hit a curb (very hard) and we replaced blown out tires and a broken wheel"(!) They said they failed to mention that when I bought it because they forgot. I said come and pick your car up and give me my money back. Do I have the right to demand my money back on this car? It seems pretty clear they sold me a car using fraudulent information.

Bought a Fomer Rental Car

Hal,

I live in Nebraska and found that my 2008 Chevy Impala was previously a rental car in Texas after I had bought it. I haven't had any issues with it for the year I have owned it, but feel like I was tricked into buying this rental. Of course, iI wouldn't have purchased it if I knew it's history. Is this fraud? Could I/Should I do anything?

Thank you,
Matt

dealer wants their car back

I traded-in my Toyota Prius for a pre-owned '09 Nissan Altima with a Nissan dealership. The dealer called 4 days after I made the $1000 down payment, and signed contract, and says he needs to "rewind" the deal and wants his Altima back. He says they didn't run a CarFax when I was in, but now that they have he says they don't typically take trade-ins that were considered "manufacturer buybacks." This is after everything has been signed, I have my old tag on the new car, and have new insurance on it as well. I do not yet have the title, thought that paperwork has been submitted by the Nissan dealership.

I had know idea that my Prius was considered a "lemon", although I was told by the seller it was a manufacturer's buyback and sold to them by Toyota as "certified."

Do I have any rights here? Do I have to return the Nissan and take back the Prius? Or is Nissan just trying to cover its backside?

bought a bad car from buy here pay here

Ok, so i go to this dealer(buy here pay here) place a month ago to look at this car they had advertised on craigslist. Car looked great and everything. He was selling it to me for $2000 in which I was able to have him drop the price to $1700. He told me only one thing was wrong with the car which was making it over heat and that was that the thermostat housing was leaking and I took a good look at it and said no problem I can get that fixed not a big deal. I make payments on this car keep in mind. I went home and put RTV on the housing and also bought a new thermostat just for kicks. Ran good, sounded good and no leaks. Next day I noticed that the transmission was shifting hard, fan was not kicking on like it should and the fuel pump was whining and on top of that it had a hard time starting from cold. I talked to the dealer and he told me oh just fix it and ill work with you on the last payments. well, im still paying on the car and i wasnt taking that whole thing about working on the payments because its not in black and white. he never noted on my contract that this car has problems either and basically sold me a car that had more problems to fix then what I inteded to buy the car for. Im also in the army and have been a soldier in todays army for 9 years now, deployed to iraq 2 times and was also granted disability upon my return from iraq. getting screwed from a dealer is the last thing i want to deal with right now but i guess like everyone else, lesson learned and there's probably nothing i can do about it except take it from the rear dry....!!!

Purchase a buy back lemon

I am considering purchasing a buy back lemon from a dealer in Missouri I live in Iowa. Can I get it registered in Iowa? I know I will not get the value out of the car when I resell. Just want your thoughts on this.

I dont see why you cant

I dont see why you cant register a car in the state you live in.. once you get the title the car is yours.

You might have to deal with Iowa taxes though when you register it.

sold a car that wasn't running

I live in California and the DMV website says that a car must be sold with a smog certificate. The car I sold was in non-running condition but not registered as PNO. Before I sold the car I told the seller I had no knowledge whatsoever about cars and didn't take it to a mechanic to see what was wrong and i told him i thought the timing belt was wrong. Even after i told him this he was still willing to buy it and got it towed away. He is now threatening to sue because he took the car to the mechanic and found out the transmission needed to be replaced. My question is can i sell a car that is not running and not be liable to repay what it cost to get it to be in running condition and be able to pass the smog? or am i in the clear?

I believe the smog bit

I believe the smog bit doesn't apply to privcate sales. Search down this thread for an answer from Hal on this.

He towed the car.. of course it didn't work!

It's as is.. it's his loss. He shoulda had it inspected first.

Let him sue...

I purchased a car that wasn't

I purchased a car that wasn't running and was told that it was the transmission. We wrote a bill of sale for an installment purchase, during which time the seller would have the transmission fixed. We failed to include the mileage on the agreement, and a week later I found out through car facts the car has 100,000 miles more than what was disclosed...When I mentioned to the owner about backing out of the deal he said I would loose my first deposit & he would not rescind the agreement. Afraid to loose the money, I told the seller that I would have to have the car checked by a professional mechanic before I brought in the balance for the purchase. After a prolonged waiting period for the repairs to be completed, I was able to test drive the car. The car didn't sound good when started. Im concerned that this car is in need of more repairs (repairs run high on this type of cars) & I would like to get my initial deposit back. Question: what are the laws in CA regading deposits. The guy that sold the car to me has a shop operation where he brings repossesed cars and resells them-I don't know how legitimate the business is, as he said he would have to have a dealership do my paperwork as he can't sell private party-What are my legal options?

Don't expect your deposit

Don't expect your deposit back.

You were foolish to leave a deposit on a car you knew nothing about.

Don't expect your deposit

Don't expect your deposit back.

You were foolish to leave a deposit on a car you knew nothing about.

dealership changed bill of sale

I bought a new 2009 Hyundai Santa Fe. At the dealership, I signed the payoff form, for the trade in, which listed what the bank said was the payoff amount. The same information was on the Bill of Sale. One question I put to the bank and the dealership is that I was purchasing the new car on 2/26/10. I had an automatic payment coming out on 3/1/10 that could not be stopped for the trade in Suzuki. Both the bank (who financed both of my loans - Suzuki I traded in and Hyundai that I bought) and the dealership said after the payoff was made, the 3/1/10 payment would be refunded to me. Now, 2 weeks later, no refund of that payment and getting 2 different stories. The bank says they received a different payoff amount after the fact, amazingly leaving the difference of the payment in question and a bill of sale that IS NOT THE SAME AS WHAT I HAVE!! The dealership says the bank called them and requested a revised bill of sale and that the bank is the one who said the payoff was different, that the bank did not want a payoff check, but to just send the difference and the title of the Suzuki. Bank insist they have an actual check from dealership. Dealership says not their problem. My problem is where is my $300?? Who do I believe? Can the dealership and/or bank change my bill of sale without me knowing it or signing the new one?

Auto Loan Forgery

In 2007 we purchased a 2007 Saturn Ion and received a loan for 0% financing through the dealership. Everything was great until 2009 when car dealerships started closing down, including the dealership with our auto loan. The dealer later sold our loan to a local bank and did not contact us until after papers were finallized. (We did not see, sign, or receive any of these papers). When the "Signed" agreement came in the mail from the new lein holder, we found that all the orignal terms of the contract in 2007 were changed. (7% interest, loan was extended to 2014, and a butt load of transfer fees we have to pay for.) Better yet the new bank showed us a new contract, that contained our forged signatures, dated for 2009. (we weren't even in the same state at the time and still aren't) We are currently working with the new bank to prove these papers are forgeries, but we have many questions. Who own's the car title? Who should be punished? Can we ask for the exact terms of the loan we physically signed for? Can we just give them the car back if they don't want to accomodate us? Definitely need advice.

Hi hal I have a question. I

Hi hal
I have a question. I bought a a used car from a certified mazda dealer about 2 months ago and my engine light keeps coming on periodically and the dealrs say that if they don't personally see the light on they can't do anything about it. My question is what r my legal rights regarding this matter cuz im afraid that it my cause a huge problem later on and I may have been stiffed out of my money.

You bought the car AS IS

If you do not like seeing a CEL on all the time, fix the problem with YOUR money.

That is all there is to this game.

bad title

I bought a car (mustang 2000 convertible) from a person in my town in Ct, I recevied a car loan from my credit union and paid off the loan of $15000.. The title was in the name of a dealership in M.A.. the person I bought it from never registered the car. He signed the back of the title and I assumed my credit company kept the title. I never registered the car and when I paid off the loan I assumed the loan copy had the orginal title. They only had a copy of the front of the title and bill of sale. I tried to contact the dealership who had orginally had the title but they are out of bussiness. I tried putting a bond on the vehicle but The DMV in Ct said the vehicle is considered salvaged from MA., but the carfax listed it as rebuilt. The car looks in perfect condition, runs well and has only 40,000 miles on it. How can I get a title in order to register the car and start driving it. Was my credit union at all to blame for letting me take out a loan for a car not registered in the sellers name.

Why blame the credit union???

Did you pay them to do a title search for you or something?

TT&L in TX

I bought a cash car yesterday. I saw this car online for $5800 cash price when I got to the car lot I was told that tax, title, license would be extra so I ended up paying about $6300 total. Is that right? I thought when you bought a car cash that the price given included tax, title, and license?

only if the ad said this was

only if the ad said this was your out the door cost.

In general ALL CAR ADS exclude tag/title/tax, etc.

brakes

I purchased a used car from dealership, when getting it inspected
for safety check I was notified that the brakes were less than 50 % in front and completely gone in the rear. My mechanic as well as an other car repair shop explained to me that it was illegal for the dealer to sell the car off the lot with the brakes being that way. When talking to the dealer they offered to only pay 1/2 the repair.. I want full payment for the repair because it was against the law for the vehicle to leave the lot.

Your people are wrong.

It is NOT illegal to buy a car with bad brakes IF you buy it.

Just like it is not illegal to own and drive a car with bad brakes. Don't tell me you do not hear squealing brakes on the road on occasion...

Your mistake was inspecting a car for faults AFTER you autographed the paperwork. You accept the risk when you buy a car AS IS. Know what you are getting into before you deal with the real world.

Take the 1/2 and half deal from the dealer. Why? That's 50% more than you really are entitled to!

Actually it is illegal for a

Actually it is illegal for a dealership to sell a vehicle that way. Their are safety check that must be met, tire must have enough tread on them too. Private sellers do not have to go by this though

my truck

when i bought my truck i went in and used no cosigner. and was set for 60 months later the dealership called me back and said i needed a cosigner..i said if thats the case the deal is off. so they called back again and said they figured it out and told me to come back in. my payment was changed from 527 to 500. i didnt look and he changed the contract to 72 months. adding an additional 6k to the loan. did i get robbed? Now the dealership was closed and went under.

YOU signed a legal binding contract.

Did you really expect to get a loan for 60 months as if you have good credit?

I hope not.

You have a loan to pay off. Enjoy.

toyota dealer sold car tha has been on recall list

i bought a new 2010 toyota highlander on 03/12/2010 that only 11 miles on it.
and today (03/15/2010) i found on toyota web site this vehicle had not been repair on sticky accelerator problem yet, but the dealer still go ahead sale it to me.
i come to dealer it seem they do not want help me at all.
what action i should do now.

thank you

Take it back, new only 11

Take it back, new only 11 miles on it, it should have some warranty on it to be fixed

Get your car fixed iunder the recall program.

You were going to buy it anyway, right?

Of course.

Stop being such a baby.

Misrepresenting vehicle's condition

The vehicle was advertised on AutoTrader.com and I called Evergreen Kia (seller) and asked if it was still available for sale. The price was $2499.00 for a 2003 Kia Sedona. The salesman, Danny, said it was. I asked about the condition of the vehicle and Danny said the service department ran a scan on the vehicle and everything was in good condition except one catalytic converter needed replacement. He told me the vehicle ran but over 35 mph it ran rough. He reassured me the repair would cost somewhere between $300-$400 to replace the converter and I would have a great running vehicle for the price. He added that the only reason the dealership didn't replace the converter was because they wanted to move the van quickly off their lot, so they dropped the selling price. Danny again said for a $300-$400 repair, it was going to be a good all around van for the price.

We live in Upper Peninsula of Michigan and have bought other vehicles over the Internet because there's not a lot of vehicles offered in our location. We trusted what we were told and banking on this being a KIA dealership and them telling us they checked it out, purchased the vehicle with the thought that we could buy it for $2495 and do the repair for $300-$400 and come out with a nice van for our growing little family. We saved our money for two years to buy a bigger vehicle because our present little car is too small for the recent addition to our family (son) and our two year old.

We paid a shipping company to bring it from the dealership to a location near our home. When it was delivered, we tried to drive it but it ran for only about 100 yards and died. We had to have it towed to a repair shop we frequently deal with. After a thorough check, the vehicle was reported to have two bad catalytic converters, a bad tie-rod, a bad wheel bearing, a broken engine mount and antifreeze mixed in with the oil which means it also had a damaged head gasket. The total cost to repair was said to be more than the purchase price and far exceeded it resale value. In our mechanics own words " It's not worth repairing" We have asked the dealership to resend the contract, return our money and we'll return their vehicle. So far, they have just given us the run-around and delays. We must have contacted them at least 20 times so far with no results. We feel we were lied to and were told by Evergreen Kia that because we live in Michigan, there's nothing more they can do. We've asked them to resend our contract, we send the vehicle back and they return our money. Of course, they have refused. We're considering "small claims" but would appreciate advise.

Most places you can return a

Most places you can return a vehicle within 3 days no questions asked. I would get a lawyer and get your money back, tell them you are returning the vehicle and want your money back, if they give you the run around tell they your attonery will be contacting them

YOU bought a used car AS IS.

If it's not on paper, it was never said.

As Judge Judy says, "HEARSAY MEANS NOTHING!"

Hence, you have NO leg to stand on in court.

Consider this a $2499 plus fees lesson learned. As in you get these things looked at BEFORE you sign legal documents and become a car owner.

BOUGHT A CAR THAT HAD NOT BEEN REGISTERED IN THREE YEARS

Am I required to pay the back fee for it not being registered foe three years this is in california?

Just purchased a car sat the

Just purchased a car sat the car had no inspection stickers on it. they told us to come back on Monday to get it inspected,but they told us we had to pay for the inspection. Is this true in Phila Pa.can they really sell a car with not a sticker in the window, like the car is brand new????

Exactly what leveage to do you have now?

You already signed the papers, so you own the car.

The car needs to be legal...you best pay for an inspection sticker!

Sure Sell Autos is a SCAM

This has been my experience with Sure Sell Autos: I placed an ad on a regular car selling website, a couple weeks later I received a recorded message saying that if my car was still available to stay on the line. Someone took my name & number and a sweet talking salesman (Richard Frank) gave me a call a couple of hours later. Their sales pitch is that they're a financing company who will offer financing, an extended warranty, massive advertising and will do all the work to sell your car. In addition (and this will be the catch) they can sell your car for 40 to 50% more than the price you were asking for. They will try to make you believe that you were asking for too little, that their UP FRONT fee will pay for itself and make you even more. Also that they can sell your car very fast if you pay for their "gold package" $499, then if you still say no they will start lowering the price for the same package as an "exploding offer" until they can get your credit card information. The next day my car ad was posted in their website, but 10 days later after not hearing from them I went to check my car ad on ebay, yahoo and other websites and there was nothing. I called customer service to complain and they put an ad on ebay, the pics were bad and for some reason there were no bids? After three weeks I called again, no one answered the "customer service" line and there was no voice box. I called the salesman "Richard Frank" who told me he would get someone to call me back but that never happened. There were no fraudulent extra charges in my credit card, but I already called my credit card company just in case. I wasted about a month and a few hundred dollars with this scam, I don't think I'll get my money back but what scares me the most is that between cars, trucks, boats, bikes.... there are over 1,000 ads in their website! Could they be scamming this many people every year? What can be done to stop them? Fabricio Destin, Florida
U.S.A.

Report them to the BBB

Report them to the BBB

GTFO.

Their sales pitch is that they're a financing company who will offer financing, an extended warranty, massive advertising and will do all the work to sell your car. In addition (and this will be the catch) they can sell your car for 40 to 50% more than the price you were asking for
-------------

You believed this, too???

PT Barnum is right. A sucker IS born every minute.

If after 3 weeks you go no

If after 3 weeks you go no calls back, you shoulda disputed the charges on your credit card!

You might still try to do that. Claiming fraud.

bought a certified used honda

I bought a certified used honda a couple of days ago and I wanted to know. Seemed wierd to me after I brought it home but I think it has been wrecked..... It doesnt have accord anywhere on it..... I think it may have been wrecked... They never showed me the carfax and I never thought a certified would be wrecked.....until I saw your ad. What can I do??? I bought it last weekend....

1. Pay for a carfax 2. With

1. Pay for a carfax
2. With the VIN, call Honda of America (corporate) and ask them to confirm the car is certified.

auto fraud in california

I test drove a used car at a BMW dealership. I worked the deal with the sales manager. The next day I called in to buy the car. I wanted to put the entire purchase on my AMEX card. They told me only 3K could go on the card. They swiped my card for the 3K. Made appoint later in the day to bring in the balance in cash and pick up the car. Manager said he is going to have the car detailed and would be ready when I came in. Called later to tell them I will be 1 hour late and they informed me that when they went to pull the car from the lot to get it detailed it was gone on a test drive with a new customer of the owner of the dealership. the salesmen told the owner of the dealership that the car already sold. The customer on the testdrive was the owners niece. The owner made the decision to sell the car to his niece, knowing that the dealership had already taken $3k out of my AMEX account for the car. What are my rights? and what can be done? The owner of the dealership sold the car to his niece knowing that I had already purchased the car. The paperwork was to when I came into the dealership.

It depends what paperwork was

It depends what paperwork was SIGNED with they took your 3k. They clearly owe you either:

1. your $ back
2. an identical car to the one you wanted

If you did complete the contract, with VIN, etc then they need to void her sale.

If I were you.. I would use this to get a similar car... with EXTRA options. Do it immediately..

If they dont have the car or won't give you any breaks.. you should get them to refund the 3k (or simply DISPUTE IT with the credit card company).

then take whatever legal docs you have from them, and take em to small claims court, and sue for double the $ amount for intentional fraud...

My car has been at the repair

My car has been at the repair shop for almost 2 months. How long can they keep it before I can bring legal action against them, or I am even entitled to do that? Also, the center caps were stolen from the wheels while it was in their possession. Are they responsible for any thefts from my vehicle?

They can keep the car for as

They can keep the car for as long as you let them keep it. You need to ask them for the car back!

They sure are responsible for the car while it's in their lot! Just not for things kept inside the car (personal items).

Car sold to me without the proper car title

I recently brought a car (97'honda accord) from a girl on craiglist,but the title is still under the 1st owner?
I went to 2 dmv in New Jersey and they told me that the Title I have is destroy and must get a new 1 (60$fee) and do a transfer to my name ($60fee) again, and told me it look like a skip title and that a illegal, I drove to the original owner house and he told me that he would transfer the title to my name ,no problem, am I reliable for those charges or the seller?? or can I get my money back ($3300) and keep the car , once I do a title tranfer to my name , to the legal system????? please help me out I might get a lawyer

If the original owner (whose

If the original owner (whose name IS on the title) is willing to sign it over to you, than pay the $120, get it done.

THEN go to the girl who sold it to you, and ask her to pay you for the $120....

in the end it only cost you $120... be happy the car wasn't stolen.

autos

I purchased a car today for 17.300$, including gap insurance and a 2yr. warranty. Because of my credit, I was approved at a 21% interest rate which I accept. I put 5000$ down on the car. My monthly note is 428.00 per month for 48 months. Should'nt it be about 368.00 per month after deducting the 5000$ down payment?

Um didnt the guy go over the

Um didnt the guy go over the financing with you?

so you paid 5000 and owe 17,300 on your loan?

According to: http://autos.msn.com/loancalc/newloan.aspx at the MAX the page allows, 20%, your pmnt would be about $375.

However you need to check if your GAP insurance was NOT included in the price... meaning it's paid separately, and indeed can come out to about $60/month.

Car in my name

So my boyfriends mom bought a dodge caravan. To the best of my knowledge everything was paid in cash. The van is paid off. Well in 2009 the engine blew and a guy offered to pay to put a new one in. The van now works but she had already bought another car and is signing the van over to me. The guy that paid for the engine is now saying even if it is in my name he will take it and sell it since he paid for it. Can he do this or since it's in my name will the car remain mine?

Car in my name

So my boyfriends mom bought a dodge caravan. To the best of my knowledge everything was paid in cash. The van is paid off. Well in 2009 the engine blew and a guy offered to pay to put a new one in. The van now works but she had already bought another car and is signing the van over to me. The guy that paid for the engine is now saying even if it is in my name he will take it and sell it since he paid for it. Can he do this or since it's in my name will the car remain mine?

I dont get it... "a guy

I dont get it... "a guy offered to pay to put a new [engine]".

Who is this phantom guy paying to fix your car? an ex-boyfriend?

First, if you let him sell the car he should only get back what he paid for the engine. But don't do that... tell him you will sell the car... or let him BUY the car from you for the proper value of the car (kbb.com), and maybe subtract what he spend on a new engine if you are nice....

Second, the car is yours.. the title is in your name. He has no right to sell something that isn't his... no matter how much money he put into it to sell it.

If he doesn't return the car, report it as stolen! If he sells the car, report him to the police as selling your car!

?

Need some advice.... Just signed a purchase order at a car dealership for a car at a certain price. This price was sent to us in an email and again confirmed when we arrived at the dealership. Two people then looked over the paperwork that we and the salesman signed and we were set to pick up our new car in a few days. As we were driving home, the salesman called and said I'm sorry I made a mistake, the price is really $2,000 more! We can't sell it at that price. Is the purchase order a legally binding document or can they get out of selling us the car for the agreed price? Thanks!

If financing was approved by an actual lender

And you have a apyment coupon book and not just a salesperson's word, you have a legal contract already.

If not, you may owe $2000 more because your inital loan app was declined and you were approved for an amount $2000 of what was initally agreed upon.

You have some checking to do.

If the "contract" is signed

If the "contract" is signed and done, then they owe you the car. I'm not sure what the purchase order is.

An email and whatever confirmation you got at the dealer isn't worth a nickel.

You need to lookup what this purchase order is.. and read it. Does it say "this is a binding price" or does it say "this price is subject to final contract".

You should check for wordage like that

Title Help!

I recently bought a used car and there are a host of problems with the title. One: It doesnt have my name up at the top with the lien holder on it. Two: There is an increase of 60,000 miles within 45 days! Three: The dealership never registered the vehicle leaving me with the Back tag fees. What do I do? My state is Oklahoma and I'm military

If the dealer didn't collect

If the dealer didn't collect dmv fees than you have to register it.

If you have the bill of sale, go to the DMV and tell them you need a title.

What is showing the mileage increase? Likely that is an error.. or are you saying the car shows 60k miles MORE than the carfax/bill of sale? You might have a case for the wrong mileage on the contract, but I'm not sure where these #'s are.

I just bought a car in FL

I just bought a car in FL almost a month ago. The prices of everything are stated in the contract, including the price buyer will pay for taxes and registration up front. It was about 990 dollars, which I paid up front. I called the dealer yesterday about picking up my license plate and they say I owe them another 60 dollars because their original amount was wrong. Do I have to pay this? Being only 60 dollars, it's not the end of the world if I do have to pay it, but I just don't think it is fair that they write about a million times that they owe NOTHING after the contract is signed (I'm a fine print reader) and then turn around and want to charge me for their bad math skills. I don't know if I can legally refuse to pay it or not, so any advice would be much appreciated.
Thanks

An error in the fixed state

An error in the fixed state fees can be fixed. It's an honest error. It wasn't something they calculated but wrote down wrong.

Just send them the darn check for $60.

I bought a used car that I have now found out was stolden

Hi,

I am in Illinois resident. I purchased a SUV from a car dealership in Nov 1009. I have now been informed by that car dealership and the state police that the car I purchased is a stolden car and that I must return it to the dealer. The dealer has stated that they will "make it right". I put quite a bit of upgrades into the car since I bought it, DVD players in the headrests for my daughter and a clear bra on the front. What are my rights in situtation? What is the responsibility of the dealer to make it right?

Thank you for your assistance in this matter.
Cassandra
Illinois Resident

See if the dealer will move

See if the dealer will move the headrests to your new car. The dealer is totally at fault for selling u a stolen car. Make them do this work for free for your aggravation.

TITLE AND/OR BILL OF SALE?

I would like to buy a car from a private owner who bought the car under a lean. Therefore the bank "owns" the car, holding the title, until the debt is paid off. The owner wants me to give him the money, in the way he can clear the lean, signing the bill of sale. But the title will be still under his name until he receives it back from the bank or until the bank has received the money, in which case they might sign the "title duplicate request". In both cases, I think there's a temporal window in which the owner gets the money and hold the title and I can get only the bill of sale! How can I be sure to avoid any fraud and obtain the ownership of the car I am buying?? Is everything just based on trusting an unknown person?? Many thanks.

that's rediculous. Have him

that's rediculous. Have him pay off the lien, then get the title, then sell the car to you.

Other than that, if you trust him, write up a written contract saying he will sell you the car, or refund your money if he cannot get the title.

In the end Im not sure what he is doing. If he needs your $ to pay off the lien then he is not making any $ on the car.

Need help on what I can do to get out of the contract

I am wondering if there is something that I can do to get out of this financing of this vehicle. I bought this used car from a dealership and then found out that I am being financed and forced to pay 2 times what the value is of the vehicle. Is there anyway I can just give it back to the car lot and just cut my loses or will I get in trouble for doing this and still forced to pay for the vehicle. It is a 2001 Chevy Venture with over 186,000 miles on it and I have had it for about 10 months now but it is valued at $4,750 but they are wanting me to pay over $10,000 for it. Please help me. I would like to know if I can just give it back to them and end the contract or will I still get in trouble and half to end up filing bankrupt on it.
Thank you for your help.

Um, there is no backing out.

You agreed to pay that loan back when you signed the contract.

Bankruptcy? What do you mean bankruptcy? I guess you haven't kept up with BK laws now, but you aren't being granted a BK that would clear your debts unless you are a quadriplegic and lack ANY income making ability.

Nice try.

Motor Home: a) New vs Demo; b) 2007 v 2008 Year; c) Depreciation

I have clients who purchased motor home from AZ dealership. Contract stated motor home was NEW. Amendment slip was generated at time of closing to modify to DEMO. Stated basis was mileage greater than allowed by statute to sell as new.

Brochures not transmitted with vehicle. Sales brochures later located appear to suggest vehicle may be a 2007 year unit but with a 2008 year title for state records.

As to New vs Demo, what is the %-age value difference?
As to 2007 vs 2008 year, if vehicle did not leave dealership lot, is there a depreciation factor?
If the dealer or manufacturer participated in labeling unit 2008 model when product is 2007, is there an appropriate federal agency (Attorney General?) to contact for investigation?

My sister's car was

My sister's car was repossessed in August of 2008. The car was resold in a public auction. The car was involved in an hit scip in January 2010. The auctioner failed to remove the license plats, and now my sister is being sued for a hit skip that she was not involved in. I need to know how and where can I get records of the repossession? How can I find out what and where the auction took place? So that we can find the person who has the car, so that the right person can be charged.
Thank you!

Good question

Your sister kept her correspondence she received in the mail, so that takes care of that issue. Ask her for that stuff.

Oh, I guess she didn't do that. Tiem to call her loan provider and see what they know and see if they can find out the auctioneer who sold that car.

Double Taxation

Situation: Bank of the West has charged me Arizona leasing taxes from 2005 through 2009 on a 2005 Toyota Solara, even after I notified them of my change of address to Texas in March 2006. After six months of trying to find out the actual tax amount, they finally approximated that I had paid $1082.00 in AZ taxes after leaving the state. At the time of my move, they never told me that my Texas registration needed to be faxed. I had no idea I was paying taxes for a state in which I did not even live until October 2009, when I was charged late fees for not paying the Arizona tax increase in which I was also unaware. Once I found out, I sent in proof of registration dating back to my March 2006 move to Texas. Even though they told me that taking the time and money to send the backdated registration would help me, once I sent it, they would not offer any credit or solution to the misallocated taxes. Now, as I am going to pay off the lease to be done with the entire deal, they have notified me that I will be required to also pay Texas property taxes for 2008, 2009, and 2010, an additional $870.37. And of course, I will be required to pay 635.82 in sales tax. Even though the lease will be at an end when I pay it off, the Bank of the West is also charging $200.00 fee, which I was initially told was only charged if the lease was ended early. The payoff amount also went from aprox. $9,800 when I inquired in October 2009 to $10,670.15 when I inquired again in March 2010, after numerous payments have been made.
The representative agreed that the situation is rediculous but argued that the Bank of The West could not help me at all. I have begged to speak to the bank regulator or anyone who could help me, but they will not.
Here are my questions:
- Is it legal for the Bank of the West to charge taxes for two different states, during an overlapping timeframe, when I in fact did not live in one of the states and have proven registration for the other state?
- If not, who should I contact - the Federal Trade Commission, a tax lawyer, or both? Do you recommend anyone specifically?
- Is it appropriate for the payoff amount to go up $900 even after several more payments were made?
- If not, how should I negotiate this?
- Should I be charged end of term $200 fee once I have finished the full term of the lease in April?
- Should I continue to make payments while the Bank of the West is clearly screwing me over three or four-fold? Or should I wait until I have some further legal advise?

Appreciate any feedback you give!

The payoff amount I thought

The payoff amount I thought was a fixed $ in the contract at the end of the lease.

The $200 is likely a return fee, which is also likely stated in your contract.

If you double paid taxes, just have your tax accountant file taxes in both states... you should get a refund from the stand you paid double in.

water pump

i took my truck in for a complete tune up i supplied the parts and it was returned to me with a leaking water pump.ive never had any leaks now i am being expected to pay for the damages to my water pump done by the company.is that right?i was told that the water pump did not have to be touched to do a tune up but does that mean that it wasnt touched?no........i drove my truck in leak free .now im having to stop on the side of the road just to add antifreeze yo my truck.what can i do can i demand that they correct the problem considering it happened in their care?

You have to prove this was

You have to prove this was the machanic's fault.

I doubt you will be able to do that.

water hose

sir i went into the car dealership that i purchawed my truck from over a year ago just to get a tune up(complete) i supplied all my parts.when my truck was returned to me it had a leak from the water pump.i have had no problems with my truck since ive had it.sir,i am being expected to pay for the damage to my water pump.sir my question is :does mechanics really take advantage of females and also do some mechanics break things so that they can get more money?

confused

So my mom purchased a car in Texas from a dealership but resides in California. She signed all paperwork put down a deposit and everythings settled. She notified the bank that she resides in California but is retiring in about 3-4 months and is going to leave the car in Texas with a family member. Well the bank calls 2 weeks later and says they dont want to finance the car?

And what is the question?

If you are wondering if the bank can pull the loan because they don't want to chase down mom in Cali because she comes across as some sort of flight risk, they can do that.

As is

Purchased as is car a day later I found oil in the radiator and no oil in the engine and car is over heating. Can I take it back for the dealer repair, I was told that I am cover for 30 days even if I bought it as is, is this true? I don't know the law here in Florida.

That would be a warranty!

Otherwise, you have some repairs to pay for.

If it is not in writing, it never happened.

As is

Purchased as is car a day later I found oil in the radiator and no oil in the engine and car is over heating. Can I take it back for the dealer repair, I was told that I am cover for 30 days even if I bought it as is, is this true? I don't know the law here in Florida.

Used car

I purchased a used car as is, the is oil coming out of the radiator. Am I cover by any law even though I bough it as is a week ago today.

Bought car from auto repair shop, and nothing works

I bought a used 1992 Mercedes 500 SEL from a repair shop, who advertised the car as in awsome condition. Motor and transmission awsome. I went to look at the car and was told everything works great, this car is in great shape and everything works. Because the owner said the car was in such good mechanical condition I agreed to have him do some work to the car for me, like swap the metal sunroof for a glass one, and install new front seats with better leather and all the motors working. When I picked the car up and drove it, I found out the transmission slipped horribly, there was no suspension at all, car just bottomed out, and drove like a concrete truck, winsheild wipers stopped in the rain storm after 30 seconds, the battery drained down overnight and had to jump the car to start it, none of the door locks worked, no windshield wiper fluid pumped, and every time this guy fixes something, I pick up the car and nothing is fixed, he just lies about it. He has now had the car for three months supposedly fixing the problems, but he has fixed nothing. he has been using the car as his parts runner, and now the car has dents and scratches it did not have when I bought it. He states the car had the damage when he sold it to me. What can I do? This guy just lies about everything. I even pulled a car fax and the vehicle was supposed to have 226K miles, and car fax states 281K miles two years ago!

Why buy that POS, odo rollback or not?

As you have found out--but should have asked first--there is no such thing as a near 20-year old Euro car in great condition!

If the carfax is higher than

If the carfax is higher than the odometer, then take him to court for selling a rolledback car. I believe that can trigger a sale cancellation.

privat auto sells

If you buy a car from a private owner and pay half can they back out of the deal even if they have cashed the check?

I dont think so. Did you

I dont think so. Did you write up a contract or some agreement on paper? It's legally binding. They need to deliver the car.

Of course at this point you prob best getting your money back.. then take them to court for the car.

If you paid under a certain amount, you can try small claims court.

please help I've been scammed and screwed.

I just bought a car 2 weeks ago from a non reputable small dealership in a bad neighborhood of Chicago. I purchased a 1998 VW Passat 4 cyl. cash, after a day or so it started giving me problems. First it was the sunroof, second the engine light turned on and 3rd the car doesn't accelarate when I press the gas. I was in and out of autozone trying to figure out what's wrong with it, finally I decided to take it back to the dealer and let them check the car since it's only been a couple of days. I hesitated to bring it back cuz the car was sold to me "as is" I brought it back to the dealer and address the problem, the owner told me that he will give the car a tune up and try to get an estimate on fixing the sunroof, that was a thursday, I bought the car on a monday night before the dealer closed. I took the car back again for the 3rd time Friday to get the check engine light checked and they told me to come back tomorrow "saturday" so they can give the car a tune up and still look for an estimate on how much the sunroof's gonna cost. I called the dealer before heading there just to let them know I was on my way and they told me that there is no mechanic to fix the problem and to wait for monday. Okay! frustrated and confused I waited till monday but a little relief that the problem will get fixed without putting money out of my pocket. Finally monday came, waited for 2 hours for them to tune up the car...note this the mechanic is walking around the lot doing nothing.. . Engine light turn off but the owner of the dealer backed out on fixing the sunroof because they estimated it a lot more expensive than the dealer expected, anyways I was ready to take the responsibility on fixing the sunroof once I get a reasonable price. It is wednesday now and it's been exactly 16 days had passed and the engine light turned back on, still no power when I press the gas and now it's blowing out white smoke when u first tun on the car. I went to autozone and got diagnostic and gave me 4 codes to look up. I took the car to a family friends auto shop and told me some BAD news, the car's engine might be going bad and most likely will need a new engine. Furious as ever I went a mechanic friend and took the car to the dealer and demanded for my money back. The owner didn't wanna do it ofcourse and didn't wanna fix the problem since the car was sold to me as is. I'm a single mom unemployed and I just work part time trying to make ends meet for me and my two kids. I got my income tax money and hoping to get a reliable car that I like and ended up getting screwed by a dealership that rigs car and sell them as is to get some money. In other words BIG TIME CROOKS Magnum motors on North Ave and Cicero Chicago, IL. Shame on me for making a big mistake on trusting people which I don't nothing about buying a car. I should've, would've taken my mecahnic friend with me before purchasing a car...i know save it I know I'm an idiot. Stressed out and have no more money to put on the car my all time questions is there anyway I can sue the dealer? Would I have a case? or better yet can I get my money back? Would this be considered a lemon car? I know he won't fix the problem already asked. I don't know what to do at this point. I will be taking the car to a VW dealership and pay $127.00 to get a electrical diagnosis on the car. Hoping and praying that they will say something diffrent since they deal with VW cars. Please Help! I need a miracle. Thanks for taking the time to read my post.

You have debunked the myth of the reliable 11 YO German car.

Too bad you had to do it firsthand.

Stressed out and have no more money to put on the car my all time questions is there anyway I can sue the dealer? Would I have a case? or better yet can I get my money back?

---------------------

Can't sue. You have no case. You bought the car AS IS. I'm not reading your blog, but if you have a warranty on teh car (very doubtful for a car that old), use it.

Nope, no refunds--this was not a trip to Wal Mart for a pair of socks. Accept this trophy as a reminder of a tough lesson learned.

It's sad to read this. When a

It's sad to read this. When a car is sols AS IS, once you drive it off the lot, it's yours.

You should have spent the $40 and gotten a mechanic to look at it first.

I don't think you can claim being scammed as the dealer can say the "told" you the problems.. which you cannot prove.

Want To get Junk Title, Does It Clear Car?

Old 2nd car is non-operable. Our son wants to get Junk Title. It has old registration fees due and late fees. Can you check on this further before answering? It is not something that you would learn about on a regular basis: We want to be sure that the Junk title status closes it out of its old registration collections and parking. We were told to take our Title of car, file for junk status, and that it stops the process. Then, we can transfer it to a junk yard and release liability. With notice of release of liability, it closes out collection part. We want to be sure this is a path that will work. Our sincere gratitude for your knowing who to ask to confirm this, and providing us advice.

can I still register my car?

Long story short hal. i bought a car from this guy whom got the car from a trade. The title is still there, but the original owner already dated it and signed the title, a year ago. Can I still get registration for the car even though the selling date is a year old.

Dealer Miscalculates Sales Tax

Hal,
I am a michigan resident who recently purchased a car from Ohio. Traded in an '06 F350 to get a '10 VW Jetta. Reason for buying out of state is that they offered more for the trade in as they had a larger used car dealership which had more than just imports. Anyways, value for the trade in was less than the purchase price of the jetta. Dealership calculated the tax I had to paid to Michigan for the deal by subtracting the trade in value from the purchase price and applying the lower tax rate between MI and OH to the difference (I believe this is how they explained it). I signed the deal a week before taking delivery. I get a call 1 week after having the car that there is an error with the paperwork in my favor of $100.. I ask them to send me details of the error and get no response. After several of my follow up calls, i recieve a call back from the dealership saying Michigan has rejected the tax calculation from the original deal and that I am liable for another $1,700. This call came 3 weeks after I signed the deal and 2 weeks after taking delivery. Apparently you can do this type of tax calculation with an OH residence, but MI doens't allow it. I've tried claiming the tax calculation was dealers responsibility, that I've agreed to the price in the contract, nothing more and I wouldn't have accepted the deal with the additional $1,700. I put down all I had to deal with most of the negative equity on the truck. Dealership is standing firm threatening to settle the debt and then file a 1099? form with IRS and have them collect. Do I have a leg to stand on, or am I completely liable for the dealers miscalculation of the taxes / my lack of sales tax knowlege? New vehicle has 1500 miles on it already as I use it for work. If this can't be solve, can I do anything to return the car and get the truck back? BTW Dealer convinently cashed the down payment check the day before calling me about the addtional $1,700.... I was concerned why they hadn't done so yet which I asked in some of my messages to them for which they had no answer.

I dont think so. Like any

I dont think so. Like any business you have to collect taxes on a sale. If you don't you are on the hook for it. If you bought a TV for $400 and they charged you only $10 in taxes instead of say $32... they can't come after you for the add'l $22 if you already signed the contract.

I thnk they are on the hook for it. Let them try to put a lean on you. If they were in the right they wouldn't have to threaten some IRS form.

Why don't you call the local DMV and ask them then.

Hal, We recently traded in a

Hal,

We recently traded in a car a purcahsed a new one from a local dealer. The negative equity one the used car was around $5000 and was tacked on to our new car price which came to be around $17000. That was one month ago. Now they are saying we have to continue paying monthly payments on the car we traded in until they have finalized the deal. Why would I want to pay any money on a car I signed over to them? Any suggestions?

The 1990s are over.

Banks do NOT roll over that high a percentage of negative equity into new loans anymore!

Odds are you have two loans to pay until you sell that other car.

Underwater auto loans

I have a question regarding auto loans. A young woman bought a new vehicle and had her ex-husband co-sign. Because she had no credit, Toyota charged her 21% interest on a $14,000 car purchasee about 18 months ago. The payments are extremely high and as a result, she currently owes more on the car than its blue book value. She also can no longer afford the high monthly payments which are about $700 per month. We have tried to renegotiate the rate with Toyota, but they are unwilling despite my friend's good record of making all monthly payments on time. Is there any way to return the vehicle to Toyota and maintain her credit rating? What do consumers do in this case, especially where is seems she was charged an outrageous interest rate to begin with?

That is a costly mistake on her part.

The payment amount was agreed upon at contract signing. Toyota has no reason to budge at all.

Think about that before buying a $14,000 car next time!

unfort you are not paying off

unfort you are not paying off the car, but the loan. Even if you sell the car you will owe the loan balance. You should have thought about the 700 pmt before you took the loan.

Return of Vehicle after one month

I purchased a vehicle from a car dealership in Georgia a month ago (February 9). It has been in my possession the entire time. I just mailed in my first car payment and have paid the insurance twice. Earlier this week (March 9), they called me and told me that the finance company didn't approve my loan and that I would need to return the vehicle. Is this possible?

Certainly.

You did NOT qualify for the loan.

Hence, you have NOT paid for said vehicle.

How did you make payments without papers signed by a loan officer from a lender???

Anwser

Hello,

I am a finance director at a car dealership, Many car dealerships will have new customers sign a document stating that if the finance company does not approve the loan the purchaser will need to return the vehicle back to the dealership! I would look trough your documents that you received from the dealership and see if you signed one of those documents. Hope this helps.

they changed the advertised price!

hi, i am a first time car buyer with a bad experience. sadly, i realized the worst part about 20 days after my purchase. i found a car on craigs list and called the dealer. not only was it advertised online as 5995 when i called and spoke with a salesman by the name of chris he confirmed the price was 5995. about two weeks later when i got my tax return i went to see the car. i was very excited about it and wanted to see if i could get approved. i was approved for the car and had to pay 3000 down. at the time i did not have the whole down payment so he agreed to take it in installments. i was able to put a deposite on the car and came back the next day. we went over the contract and i asked a few questions but did not read the contract right. it took three days but i finally got it home. when i really looked at the contract i released i was charged 1200 more than the sticker price. this does not include any tax or fees.

YOU signed the contract.

You have NO leg to stand on in court.

Lesson learned, we hope.

print out the ad, and bring

print out the ad, and bring it in, demainding the 1200, else take them to small claims court.

tell them it's illegal to sell a car over an advertised price and you want 1200, or you will return the car.

Any reputable car salesman will go over EVERY number in a contract with you before you sign it. Clearly you shamefully just signed it w/o going thru it.

Told me car was certified but it wasnt.

I was told that the 09 Camry i purchased was certified but that they had not processed the paper work YET. They told me I would receive the certification in a few days. One day later, the car started having issues and they game me the run around. So, 3 days later I took it to another dealer and found that the car had all kinds of issues that should have prevented certification. When I called back i was told that I misunderstood, the car was never certified. I explained that they financed my car through Toyotas certified car program, so of course they claimed it was certified. They wanted to cancel the entire deal, but I still want a certified car at the agreed upon price. Can I force them to fix the issues or give me another certified car? What kind of trouble can they get into for defrauding both me and the Toyota corperation?

Thanks,

R.

If it's not in writing, it's hearsay.

None of that verbal mumbo-jumbo flies in court.

Sorry. You have no case nor is it likely that the dealer does something for you.

The other answer tries the romantic "The court will save the day!" angle, but like Judge Judy says:

"HEARSAY MEANS NOTHING!"

Tell them you will come in

Tell them you will come in and let them cancel the deal, if they give you a TRUE certified car at a price you name on the phone.. make it about 500 under the invoice (or what you see people paying for it on some online forums).

they should be happy, as if you contact the mfctr the dealer will get into hot water.

WORK HARD GET SCREWED

Approximately one year ago we bought a 2006 Mercedes cls500 from a licensed dealer in San Diego. Prior to the purchased we investigated his reputation, dealer license, legal background, carfax, etc all clean. We paid $42, 680 including tax and license. Two months pass, no title or registration. We contact the dealer and he claims that he lost the paperwork and needs to have a professional title company re-issue the title.
We contact California DMV fraud..Apparently the car was on consignment and the dealer failed to pay the owner, consequently the title was held lien by US bank. A grand jury investigation will be instigated this month along with an IRS tax evasion case. The dealer has no income or resources to pay the money back.
Now the bad part. The original owner of the car submitted a claim to her insurance company claiming that the auto was stolen or salvaged. The insurance company paid her and now has the title to this car. Under California law this car cannot be registered or driven even if I somehow get the title.
My question: What do I do with this car that I did everything legally that I was suppose to do? Contact a lawyer who wants $30,000 to sue the dealer who has nothing? I can't drive the car, can't sell the car or its parts, can't even get an extra key without the title or registration.

Call your DMV. They need to

Call your DMV. They need to unwind the deal. The DMV can get this done, and put the scmmeras out of business. The bought that car for 33%-50% of what the car (with a normal title) would cost.

I hope you wake up from that

I hope you wake up from that nightmare. Chances are the insurance company will want their car back, they still own it, not you. Unfortunately, your the one who's going to be really screwed. The dealer is sure in a heap of trouble, probably facing jail time for stealing your money from you. Your the one who will ultimately be out the money for the car.

Accident... Used Car

Hello,

I just bought a used 2007 Lexus IS from a BMW dealership in Seattle, WA and later found out that it has been in an accident. When buying the car, the sales guy stated that the reason it was so low is because the front bumper had work done. I asked if it had a clean history and he said yes. Later I found the Carfax and it was in an accident and it said that the front airbags deployed. What does this do to the value? I am concerned if it is considered a lemon and I will be stuck with it... Is it not common for cars to be involved in an accident over the years? I bought the car on the 6th of March, so it's been 3 days.. Am I able to return it over this type of an issue? BMW did have the Carfax linked but I didn't know about it till after I saw the ad.. After purchasing the car. I see that legally, I may not have any rights but I'm just really concerned about the future... Any advice will be greatly appreciated!

Does the car exhibit any

Does the car exhibit any strange behavior, noises, or show any signs of bad repair? Yes, your right in realizing that accidents do happen and are common. Just because the car was in an accident does not mean its a bad car. Many people believe CARFAX to be a "used car good or bad" report. To the point of being completely paranoid if a car shows even a small accident. CARFAX's advertising with cars on fire and underwater brainwashes the public pretty well. Take a good look under the hood at frame rails, radiator supports, etc.. See if the repair was done correctly. You can even take it too a body shop for a unbiased opinion. If your happy with the car, it looks great and operates fine, enjoy your car, don't let a piece of paper ruin your purchase of a really cool car.

What legal recourse can be done about a car with odometer issues

I purchased a 2006 Cheverolet Impala LTZ in 2008. At the time of purchase I asked for and was given a CarFax which appeared clean. The dealer never disclosed any oral or written information about the vehicle being involved in accidents or odometer discrepancies.
This month I found out the car has odometer rollback and frame unibody damage thru Experian AutoCheck. I was trying to sell the car and the site that I was using uses AutoCheck. My CarFax shows no accidents and the last listed mileage was 23,415 on 9/19/07. The AutoCheck report lists the mileage as 37,683 on 9/14/07 and 23/415 on 9/19/07. Also two accidents are listed on AutoCheck on 9/3/06 and 10/8/06 along with frame/unibody damage reported on 9/20/07. The accidents occured in Pennsylvania and I thought that frame unibody damgage was considered salvage but I have a clean title. I don't know what the different title laws are because I live in VA. If I had known that this vehicle had sustained prior damage, and had odometer problems I would have never purchased it. What can I do if anything about this vehicle? I paid for this car in full and now it's showing a little over 40,000 miles don't know if its correct. I feel that I won't be able to sell or trade the vehicle because of the problems that I did not know about when I purchased it. By the way now the CarFax report is showing 11 hits of information on this vehicle like the Autocheck report is. At the time that I purchased the vehicle the CarFax only had 3 hits of information but the accidents/frame unibody damaged ocurred 8 months to 1yr before I purchased the vehicle. I have contacted CarFax and disscused this issue with them. The only response I received was to fill out a Consumer Data Correction Form so that CarFax can update their data with what I received from Auto Check. Keep in mind that when I purchased the vehicle it did qualify for the BuyBack Guarantee and now CarFax is saying it doesn't.

Read Carfax's fine print.

They was their hands of EVERYTHING, so don't complain to them, either.

If you had not cheaped out and let a mechanci look the car over BEFORE signing papers, you don't have to ask us this question...wow.

In the past I have found

In the past I have found errors on the Experian Auto check. Several times I have seen reports of frame damage or odometer errors that are just not true. Looking at your post I find it hard to beleive the car was in two accidents one month apart. And that frame damage was reported a year after that. also the milage discrepancy five days apart. Think about all that. Check the Carfax again. See if it has been updated and if it shows any of this stuff. Chances are, your car may be just fine.

Let me make a small

Let me make a small guess...You purchased the car on or over the internet and the deal was too good to be true, right? Any time I hear stories like this thats usually the case. People, if the deal sounds to good to be true, it always is. Check with the DMV and the PA DMV and try to get a handle on the milage. You may have a case agaisnt the selling dealer.

My USed car is bad

Hi,

I brought Used Car (Toyota Camry 2000) last week before. But on very next day, Car started giving problems. I took it back to Dealer and he promised to fixed it. But its been a week and my car is still with dealer. He do not care to give updates and talk rude.

Is there anyway I can get my money back.

Thanks
Himanshu

Nope. Used car sales = AS IS

Nope. Used car sales = AS IS sale.

dealership selling used car as new

If we discover our "new" vehicle was previously owned, do we have any recourse?
Dealer sold us a "new" car that comes with a free 3 month subscription to the XM radio. Dealer told us XM radio would be activated after the purchase was recorded in the computer. It's been a week and still not working, we looked through paperwork in the new vehicle and we believe it was previously owned. Vehicle also had 300 miles on it.

Is this auto fraud?

A 300 mile car is considered

A 300 mile car is considered new unless actually previously titled. New cars can be traded from dealership to dealership. there are many times a new car may have a few hundred miles on them. Don't jump into "fraud" so easily.

Trying All We Can (in Maryland)

Hi:

My husband agreed to sign a for a car for my mom. After I strongly told him not to. The car payment ended up being $563 per month at 17% interest!!! I really feel the dealer and finance company bloated the price and/or the interest. I never actually looked over the paperwork as I left this to my mom and husband hoping they would make the right decision.

Then, along comes my sister who gets in a car accident and goes to purchase a car. My mom liked the car my sister purchased more than the one my husband just purchased for her. So, my mom and my sister "traded"...but here's the thing: my mom agreed to still help pay the monthly payment on the car my husband bought. Now my mom lost her job, my husband and I can't afford the car payment and my sister can't afford the car payment.

My husband and sister managed to have the finance company (citifinancial) adjust the payment for 6 months, but now citi wants to take the payment back up to the original amount. We have told them over and over that our financial situation is not like it was and that we are willing to take our tax refund and perhaps put it toward principal or whatever we can to lower the monthly payment. I don't know what else to do. Can they legally say they will no longer help us and proceed to report us to the credit union even though we are trying to find a way to be responsible? The car is a 2003 Honda Acura-purchased in 2005.

Sounds like a string of plain

Sounds like a string of plain old bad decisions and financial irresponsibility. The high intrest rate with Citi would show this is not the first bad decision.

You are far from being alone

You are far from being alone in being unable to afford the car. In the end the car may be reposessed and your credit marred.

You should try to get a manager of citi to get a new payment plan. Of course if the car has good value to it, they may prefer to reposses it and resell it.

I'm not sure you have much legal recourse on this matter, you prob need to talk to an accountant about this, not a lawyer. A consultation shouldn't cost too much.

No need for a consultation.

Citi has a signed legal contract on hand. Nobody will fight that, even the most starrving lawyer out there.

Citi has no reason to budge.

What do I do?

Hi Hal,

I purchased a 2005 Scion xB from a used private dealership in May 2008. Last month, my front passenger's side tire snapped off from the axle while I was making a left turn on a regular street.

It turns out that the vehicle has faulty mechanical work and now I have to pay to have a new sub-frame suspension, axle, bolts, etc installed since these damages were not repaired correctly the first time.

These damages were not disclosed on the Carfax report nor were they brought to my attention when I had originally purchased the vehicle a year and 6 months ago.

I don't know how I will get through this and not to mention - find $5K- to repair my vehicle.

What steps/process would you recommend that I take in order to obtain full reimbursement for these damages and stress of my emotional state?

Thank you,

Jaime

Unfortunately I think the

Unfortunately I think the warranty only lasts 1 year. If you can get a report that the dealer made the repairs you might be able to take them to small claims for selling an unsafe vehicle, but good luck on getting that.

Otherwise it's just as likely a 3rd party did the repairs for cash and the accident was never reported so it could be sold to the dealer.

It's likely the dealer didn't know about it, or did realize it but sold the car anyways.

CARFAX reports are a third

CARFAX reports are a third party report, not a vehicle inspection service and will never be able to show everything related to every vehicle. I'm sure the selling dealer had no idea the car had a previous issue with the front either, unless they did the repair job which they probably did not. I have a feeling your going to have to fix your car. Have the repairing garage try to find used parts that will cost much less than new, you bought a car with used parts so don't worry about replacing them with other used parts.

From a Dealers Perspective

Hal, from the other side of the desk. I'm a used car dealer that specializes in BMW's from 80 to 150,000 miles and of various years, models. I sell good cars, inspected and CARFAXED and rarely have any big problems. Six months ago a consumer purchase a 2001 BMW 330 with 125,000 miles on it and it was a very nice car-no issues. She did purchase an extended warranty with the car through a warranty company I have been using. She called the other day, stating that the car had stopped running and now she's stuck. After some regular questions she admitted the car was overheating at the time it shut off. Towed to the shop they found a crack in the radiator which let the antifreeze leak out, therefore overheating the car, a $400 repair. This woman, ignored the low coolant light, the check engine light that came on with the overtemperature, and the glaring red light on the temperature gauge showing the car overheating. She continued to drive the car while overheating and the car shut off. The garage has now found the overheating has blown the headgasket. Normally the head gasket is covered under her warranty but the company is saying the repair will not be covered due to her abuse of the car by continuing to drive it while overheating and ignoring the warning signs. The computer shows an extreamily high temp when the car shut down. She has called me very upset, that I sold her the warranty and the car and wants to know what I'm going to do about this. I told her that is between her and the warranty company. I can see both sides but I tend to side with the warranty co on this one. What do you think?

I would agree.

Ignorance of proper vehicle operation is not your concern in regards to this owner.

Now she gets to feel the pain of buying a new engine for a German car.

auto

Ok i purchased 2000 honda accord from a used car dealership in october in need of transportation and as something to boost my credit. They promised to add this vehicle to my credit (that is stated in the contract). Shortly after i purchased the vehicle, they told me i would be making payments at a different location because they had sold my contract with them to another party. Shortly after that the car started having difficulties and is currently at their mechanics shop where it has been for the last month (warped headgasket). I recently checked my credit to see if the car was even on there and found that it was not. (It has the dealership's name and says that i have a $0 balance with them.) It seemed like a good deal. The car was $8500 but after fees and the downpayment was added it was $12500. They were able to show me the car fax and then promised to add this vehicle to my credit.
Am i still liable for this car and its payments? What should I do?

You are liable. Make your payments.

Buying a car is aa STUPID and overly costly way to bring up your credit. Now you know that.

Dealer reneged on deal

This weekend I negotiated a price for a used car via e-mail and we agreed upon a price of $11,000 "out the door." The dealer agreed to hold the car for me until Sunday noon and he would meet me at the dealership which is 2 hours away from where I live. On Sunday morning, I got a cashier's check and started driving to the dealership and then got an e-mail on the road saying that the vehicle had already been sold the day before. While I'm standing on the side of the road, the dealer said that the only thing he could do is sell me a comparable car for $3k more.

I contacted the general sales manager as well as the Toyota company but have received no response so far. What are my remedies in (small claims) court?

NO recourse.

NO recourse.

i recently barrowed a vehicle

i recently barrowed a vehicle from ''friend'' and was pulled over by the police only to find out that the car was a rental , and the rental payment was nearly 2 months over-due. so i was arrested for vehicle theft , and recieving stolen property. this is in california. can they really do this to me and convict me of this?

Down Payment Refund

OK, put $4000 down on a $16700, 07' Jeep Grand Cherokee w/40k miles. Was told i got approved at 9%apr but paper work read 10%. Wanted monthly payments to be around $250, they got me to $272 w/no warrenty. I was at the dealership a good part of the day untill my girlfriend had to go to work, which i had to bring her. So we cut them a check, told them i'd be back to sign paper work. Got back, was thrown into an office and was given a bunch of new numbers that were not in my budget. Told them I didn't feel comfortable and wanted to wait for my girlfriend to be around so we could make a decision together. I was told I could sign Saturday night and come back on Monday to finalize the deal. Me and my girlfriend got cold feet and asked for our downpayment back. we were told it was too late, papers were signed and sent off to the bank, which was not true. When i left Sat. night, i was told the paper work wouldn't be sent out untill we decided which warrenties we wanted and such, and banks were closed on Sundays so they couldn't send them out Sunday.
Long story short, made down payment, changed our mind about the whole thing, never finalized paperwork but did make signatures. Also, never took the car off the lot. Can I get a refund of downpayment? thanks

You signed paperwork? You two own a Jeep.

Enjoy your new purchase. You best hope they did not double your interest, but you left yourself open to that!

used truck

i bought a 1994 ford ranger about three weeks ago from a buy here pay here. put 950 down and owed 950. the dealer said he garenteed there was nothing wrong with the truck . a week later i noticed black electric tape covering the oil light brake light and abs light which were all on i took the truck up to the shop and told him what had happened and he checked fluids and apoligized and so on said if anything goes wrong come back and he will fix it! now when i put the car into gear it wont go what can i do? still owe payments

Keep paying on that truck.

Keep paying on that truck. If you can't notice duct tape over lights when you test drove the truck, it's not the dealer's fault.

Car Accident

We bought a car in 2007 and the car is a 2005. We just changed insurance companies and were told by them that the car had an insurance claim in 2005 from a deer accident. Was the dealer required by law to disclose that to us before buying it?

Car Accident

No, they do not have to tell you anything at all which is why it is important to ask them, get a carfax report and do a little research. However, simply prove, by showing title, registration, etc... that you did not own said vehicle in 2005 and the insurance company should not be able to hold you responsible.

Nope.

Did you even bother to run a Carfax or Autocheck report before you bought the car?

I didn't think so.

CAN I GO BACK?

On 3/5 i traded in my 98 pontiac Grand Prix for 1000. I was told that i didnt have bad credit but not enough. They ran my monthy income nad came up with these "pre approved" cars i was able to afford with the 300 month budget i gave them. After test driving 3 of the cars that could potentially be mine i was sent to talk to the "banker" I told them i had no cash down, and only my trade in as any thing twards the price of the new car. They set me up with a 2009 Chev Malibu with 33k miles on it. I fell in love. He ran the nunbers and came back with 495 a month with just me and 1000 cash over the next 4 weeks. He said if i get a Co-signer for ONLY 6 MONTHS. I will be able to get this car. Told me to call my grandma and tell her it will only be for 6 months, to build my credit to have her on there. Then after the 6 monts was over to refinance my loan and get my name on there only and get her off the loan. After i convinced my grandma to come in and be my Co-signer for ONLY 6 MONTS to help me build my credit we went to go and sign the paper work, I noticed that my name was NO WERE on the car, loan or anything. The Finace manager stated " in the state of colorado they dont do Co-signers any more, due to the Terrorist attacts and illegal immarants using other SSN to obtain teh right to be on a loan." This didnt set right with me, afte that i aske " So in six monts im going to be able to have enough credit to get my grandmas name off the loan and me into building my credit" He then stae that i will have to go and get small credit cards aka (MORE BILLS) to built my credit enough to get my grandma off of the loan.. I was tired and jus done so my grandma singed all the papers and we left. When my grandma gave them her DL it was expred with a hole punced throuhg it and she didnt give them the coppy of the paper that goes with it that proves it was a renued licens, my question is can i get my trade in back an forget the car, becase there is no gurantee that i will be on the loan even after a year of paymen and i dont want to have my grandma responsible for the loan after the amout of time i PRMISED to her ONLY 6 MONTHS, PLEASE HELP!! PS. she also singed away her 72 hour right to return.

Oooops.

There is NO 72 hour right to return, so I don't know what you are talking about...unless that was a dealer clause, because it's not a federal law.

WHat made you think:

1. You could afford a 2009 Malibu?

2. Grandma would just disappear off the loan in six months?

You're an adult now. You need to learn to ask the RIGHT people the right questions BEFORE you sign papers and leave Grandma hanging for 72 months on a loan. I bet you so overpaid for this car that you will NEVER have equity in thsi car to refinance!

There is no cancelling this deal. Grandma hopes you have that 72 payments ready to be made on time, that is for sure!

wants out

The first problem is I cant see any attorney taking the case as its a he said she said, and you cant prove you could not get a refi in 6 months. The other problem is you caught the problem and had your Grandma sign anyways. I dont like the case but I dont practice in Colorado. So contact a local atty using naca.net Hal

SIGNATURE ISSUE

IN THE COURT OF LAW WHAT MAKES A VALID CONTRACT BINDING? 1-SIGNATURES FROM BOTH PARTTIES ON ALL COPIES OF THE CONTRACT THE SAME DAY? (OR)2- YOU SIGN YOUR NAME TO THE CONTRACT ON ALL COPIES AND WHEN THEY HAND YOUR COPY BACK, YOU LEAVE WITH ONLY YOUR SIGNATURE IS THAT A VALID CONTRACT AND BINDING?

ALL parties must agree AND

ALL parties must agree AND all agreed upon terms must be met.

signatures

In general the paty who sitgnsd is bound and both parties become bound once the terms are at least partially performed. Some states may require the dealers signature but I know of no cases as to the effect on enforcement. hal

Purchased a vehicle later find out it has damage

I purchased a vehicle in June of 2006. I went to trade that vehicle in today and the deal was almost complete until the dealer who was accepting the trade ran a carfax report and it was listed to have structural damage. the dealership refused to take my car as a trade and the deal obviously fell apart. The dealership that I purchased this vehicle from in 2006 never disclosed that the vehicle I purchased was involved in an accident or that there was structural damage reported. Is that legal? What do I do now that I can not trade my vehicle in because of this damage? When I purchased the vehicle there was a small dent on the hood and I pointed that out to the salesman but I wasn't told that it was a result of an accident. I didn't let it stop me from purchasing the vehicle cause I thought I was getting a good deal, good interest rate, price of the vehicle, monthly payments I wanted, etc. Is it my fault for not catching that it was involved in a major accident. I live in PA and I have no idea what the laws are on this topic here, I actually I have no idea where to even turn to for help on this, hopefully you can. I wonder if the vehicle is even legal, I feel PA has some strict automobile laws. The car is not payed off so the finance company has the title but I'm pretty sure it isnt an R-Title or anything like that. One other thing, I found out that the accident/damage occured in new york from the first owner, I'm the third owner. Thanks in advance.

You have no case.

You not knowing what you are buying is YOUR fault.

Assuming that Carfax would have even been up to date at the time you bought the car (that is a BIG assumption), your time to back out was before you signed the papers.

You have a car to sell with a salvage title or as scrap on Craigslist now.

prior accident damage

You possibly have a case. First get the vehicle inspected by a body shop car fax cannot be relied on and is not evidence. If the damage is sigificant get a report as any atty will want to see one. If you have a case depends on what was asked, what the dealer said, how the car was sold as is for instance or certified and the extent of damage. Your case may also be time barred. Use naca.net to find a local atty. hal

curiosity

So i bought my 08 dodge charger sxt "dub edition" last may, and payments are $627 because of a 12.9% interest rate. i want to trade it in for a new dodge ram. my credit sucks because of my credit cards and i was told to get my cards at least halfway and it will help my credit score to lower my payments on a new car. but its hard to do so with such a huge payment and having a newborn baby. i'm wondering if theirs a way that the dealer and i can make a written agreement on buying back the car and giving me say 3 months to pay down my cards and i can comeback and buy the the new truck. and if their is, is it legal? i live in oregon.

Not a chance.

You have NO business buying another vehicle, much less the one you are in the jam over right now...bad financial decisions have your credit in the dumps. Maybe you will realize that one day. You are probably so upside down on that Charger that you aren't getting anyone to lend you money for a Ram, anyway!

legals not the issue

You can make a deal but its not ever going to happen. One problem is in most states no one can be forced to buy a car despite any deal they make untill they actually sign the contract. hal

Found out New Car was already in an accident

We bought a New 2009 Mistubishi Outlander in January with 26 miles on it. While buying it, we noticed a very small scratch or crack in the bumper. The dealer said it was no big deal and they would fix it for us and put it in writing. We called the service shop and they ordered a new bumper. Well, when they went to install it today they discovered there was more damage and they would have to order brackets and stuff. He said it looked like it had been rear ended. They are paying for all the repairs. Based on the looks of the scratch we would have never thought it was in an actual accident. It looked more like what would happen if someone bumped it with a shopping cart or something.

My question is did the dealer have an obligation to tell us it was in an accident? If so, do we have any recourse? We like the car and don't particularly want to give it back and start all over again.

prior accident

The only law directly on point is found in the vehicle code. Sections 9900 and 9901. If the damage is repaired any damage in excess of $500 or 3% of the vehicles valus must be disclosed. Even if repaired any damage to the frame drive train or suspension must be disclosed.. All unrepaired damage must be disclosed. Also any false statements can still be sue on if for instance you asked about the dent and they lied. Hal

contract

HI HAVE A VERY GOOD QUESTION FOR YOU TO ANSWER. I HAVE A CAR DEALERSHIP IN TO COURT MY COMPLAINT WAS SPOT DELIVERY, YO YO SALES, PRIVACY ACT, FALSE REPPOSESSION AND SO ON. ANY WAY TO GET TO MY QUESTION IS THAT IS THEIR WHOLE DEFFENCE IS NO SIGNITURE NO CONTRCT TO THE COURT SO FAR. BUT NOW HERE COMES MY SISTER WITH THE SAME DEALERSHIP OWNER AND SHE LOOKED AT HER CONTRACT AND IT TO HAS NO SIGNITURE ON HER COPY OF THE CONTRACT FROM THE DEALERSHIP AND SHE IS MAKING PAYMENTS TO THE BANK AND NEVER LATE. CAN SHE GO IN AND DEMAND HER TITLE FOR HER CAR SINCE ITS ALREADY IN HER NAME AND NOT MAKE ANY MORE PAYMENTS REMBER IS DEFFENCE TO MY CASE IS HE DIDNT SIGN NO CONTRACT?THE WAY IT MUST WORK IS THAT THEY HAVE YOU SIGN THE CONTRACT FOR THE CAR AND THE F/I MANGER GIVES IT BACK TO YOU IN AN ENVELOPE SO YOU THINK EVERYTHING IS LEGIT ONLY AFTER YOU LEAVE AND THEY FIND FINANCEING FOR YOU THEY SIGN THE BANKS COPY WITH THEIR THEIR MANGERS NAME ON IT AND SEND IT TO THE BANK TO GET THEIR MONEY. YOU WOULD NEVER KNOW UNTIL YOU PAID THE CAR OFF AND GET THE CONTRACT BACK FROM THE BANK AND COMPARE THEM SIDE BY SIDE. ANYWAY CAN THEY HAVE IT BOTH WAYS? I THOUGT WHEN YOU SIGN A CONTRACT ALL PARTIES MUST SIGN.

signature issue

Your sisters debt is to the bank and I doubt she can in any way get out. I think the dealer defense at least under CA law lacks any validity. hal

signature issue

THANKS FOR YOUR ANSWER, BUT I ALSO FORGOT TO MENTION THAT HE DID'NT REALIZE THAT I HAD PURCHASED TWO OTHER VECHICLES FROM THEM AND THOSE CONTRACTS ALSO DID NOT HAVE ANY SIGNATURES FROM THEIR DEALER SHIP BUT THE BANKS DID AND THEM TO DID'NT MATCH MINE. NOW HE'S TRYING TO GET THE CONTRACTS FROM MY PREVIOUS BUYS THROWN OUT(I JUST WONDER IF THE COURT WILL DO THAT?) I LET HIM HANG HIM SELF ON DEFENCE. WHEN BANK GET'S THEIR COPY OF THE CONTRACT THEY CAN PLAINLY SEE THE SIGNATURE IS IN INK AND NOT CARBION WHY DOES'NT THAT BRING A RED FLAG TO THEIR ATTENTION.I STILL NEED TO KNOW WHEN YOU SIGN A CONTRACT MUST ALL PATTRIES SIGN THAT DAY?

after a dealer refunds you

after a dealer refunds you for your down payment after it was a long hard struggled battle for it and you ask for them to dispose of the contract in front of you and the manger denies and says we have nothing to do with it. can the dealer use the contract thats not fully signed and that has been cancelled because of the full refund after we had left the lot?

hard to understand

Questions not clear but if contract is cancelled it cannot legally be used. hal

REFUND DOWN PAYMENT

I PUT 1000 DOLLARS DOWN ON AN O4 CHEVY MALIBU..ON MARCH 3,2010. I HAVE THE CAR IN MY POSSESION. I HAVE'NT BEEN FIANACED YET.. I TOOK THE CAR TO MY MECHANIC AND IT NEEDS 2000 DOLLARS WORTH OF WORK DONE... I'VE DECIDED I DONT WANT THIS CAR .. I TAKE IT BACK TO THE DEALER ON MARCH 6,2010.. I WAS TOLD IF I DIDNT WANT THE CAR THAT I WILL GET MY MONEY BACK OR I COULD LOOK AT SOMETHING ELSE... I HAVENT SIGNED ANY CONTRACTS OR DEALS I DONT EVEN KNOW HOW MUCH THE NOTES WILL BE YET,,,, SO CAN I GET MY MONEY BACK I LIVE IN CHICAGO ,ILLINOIS

Why do you put $1000 down on...

A car you know nothing about?

NOT signing that contract might be your saving grace.

wants down back

I can only give you CA law. Under CA law you cannot cancel unless the dealer agrees even if you find damage. So its all what you and dealer agree. You may have a legal right to cancel but you cant on your own. Consult a local atty using naca.net Hal

wants down back

I can only give you CA law. Under CA law you cannot cancel unless the dealer agrees even if you find damage. So its all what you and dealer agree. You may have a legal right to cancel but you cant on your own. Consult a local atty using naca.net Hal

First let me start by saying

First let me start by saying " I know I screwed up. "
I purchased a used vehicle and returned in becauce it has major engine issues. I stopped payment on the check issued to the dealer after I found this out, which was one day after p/u of the vehicle. I know this is a breech of contract but the dealer is not willing to, in good faith, settle the dispute. Currently he has possession of his vehicle and I have my money, but he still wants to uphold the contract. It has only been one week since the deal, so no paper work in regards to collection of funds or litigation enusing has been issued by the dealer. Can I use the Unfair and Deceptive Acts or Uniform Commercial Code as means to end this contract favorably if he takes me to court? Can I be criminally liable because I stopped payment, even though he has the vehicle? What other course of action do I have to untie my self from the title and this contract? Am I better off just picking up the car and leaving with my tail between my legs? By the way I live in Georgia.

You bought that vehicle AS IS.

You have no dispute. YOU CAN be held liable for that stopped check and unless that dealer guaranteed that vehicle's condition in writing, you have no case.

Am I better off just picking up the car and leaving with my tail between my legs?
^^^^^^

That is what you are left doing.

self cancelled

If dealer sues you can sue him back for cancellation. I cant predict who wins without more facts and cant give you an opinion on your states law. Cancelling on your own is always risky and it is very important you document the engine damage. Get a detailed report now. Use naca.net to find a local atty. hal

This is a filthy stinking

This is a filthy stinking Nigerian scammer :

Regards,
Agent and information manager.
Mr Fredrick Thomson
Email:fredricktomsonloaninvestment@gmail.com

Niggerians, please!

Niggerians, please!

I recently signed a contract

I recently signed a contract for a new Holden car. It was priced at $25990.
I asked the dealer several times if that is the driveaway price and he had confirmed.
After signing the contract and paying the deposit, I noticed that the extra items on the contract are : alarm system, registration, stamp duty, and dealer delivery. All of these have the words 'inc' next to them, except stamp duty and dealer delivery. (I assume inc stands for included)

Does that mean I have to pay extra on top of the $25990? If so, can i still back out of the contract?

Thanks

Holden...Australia?

That is why you check what you are signing.

You may not have an out here.

inc

Inc usually means included. In CA this would be illegal and you could cancel. Not so in many other states. Use naca.net for a local atty. hal

Ripped off and Lied to about my car

About a week ago I was searching craigslist for a new car and I found a 1984 Mustang that a kid was selling. I called the kid and met up with him to check it out, He had me meet him at a local car wash on a mainstreet. When I got there he started showing me everything. Apart from minor things the car seemed to be running and everything to be working fine. The car has a 302 v8 in it. He told me that the car was rare because in 1984 they didn't make very many 302 mustangs, not knowing anything about mustangs, I believed him. So then he offered to take me for a drive. We took off and he started talking about how well the car runs and started telling my all the work he has done to it, engine upgrades, racing clutch, new driveline, etc. He claimed that he did all the work to it and was just getting rid of it because his parents wanted it out of there driveway. So i offered him 500 less than his asking price and he said he would think about it and give me a call. Not ten minutes after I got home he called and said he would go 400 less and no more because he had put so much time and money into it. So the next I met him and handed him the cash and he left. I went and got the car licensed and registered right after. Later that day I went to put my seatbelt on and the buckle broke and I had no seatbelts. Then the next day I bought all new plugs, wires, air filter, etc, for a tune up. Then that night I got into it to drive and when I turned on the lights the dash lights weren't working and neither was the license plate lights, no big deal just pulled a couple fuses out of my old car and bought new bulbs. Then the next day I was drivng it home and my neighbor stopped me. Sure enough the car use to belong to him. He had me stop at his house so he could look at it because he hadn't seen it in so long. He popped the hood and said "Wow what did he do to it." I asked him what he was talking about and he said when he sold it to the kid it was in way better shape and the engine was immaculate and very clean. Then he asked me how much I paid and when I told him he said he ripped me off for about 2100 dollars. Then I told him about all the work the kid said he did to it and he said he was lying because he did all the work to it and by the looks of it he didn't take care of the car at all. So I call the kid and he says my neighbor is lying so at this point I have no idea who to believe. So I just tried to forget about it when one day I was driving it and it felt like it was running strange(keep in mind I have only had the car for 3 days) so I brought it home and checked all the fluids and when I pulled the dipstick out it showed water in the oil. So I called the kid about it because when I met him to look at the car the oil looked fine, and of course he denied knowing anything about it. So my neighbor offered to help me replace all of the gaskets but now I was told that the heads might be warped or cracked which is going to cost me more money than the cars worth and after all of this I'm broke and have no money to fix it. I was also told that he might have used a temporary sealant like liquid glass to make it look like the headgasket was fine. So now I'm contemplating whether or not to take him to small claims court and sue him for the money I paid for the car plus all of the work I have already done to it. Do I have a strong enough case to take him to court?(I have my neighbor as a witness and I have kept all of my reciepts, and I have put no more than 50 miles on the car)

I can't stop saying it...if

I can't stop saying it...if you shop on Craigs List you shop at your own risk. Always check out the item being sold, the person doing the selling and then wait at least 24 hours before making a decision.

"not knowing anything about mustangs, I believed him."

Is that your excuse to Judge Judy about why you did not bother to get the car inspected by a nearby mechanic BEFORE you bought the car? We have the internet now in 2010. A quick bit of digging around would tell that that a v8-equipped 1984 Mustang is NOT rare.

Used car sales are AS IS. You techinically have no recourse and I bet you do not have anything regarding the car's condition in writing.

I see you mentioned something about "3 days", well, there are no cooling off periods for car sales.

Enjoy your newly purchased 1984 Mustang project car.

small claims

Judge will think you acted foolishly and did not protect yourself and that the kid exaggerated. My feeling is he might give you something and then you need to try and collect. hal

can a dealer sell a car without the original tittle given

My fiance bought a vehicle from an auction dealer, we received the original documents but never registered the vehicle under his name. The vehicle had transmission problems so we was offered to be sell by another auto dealer but now they sold the vehicle and claim never to have received the original tittle. They don't want to give us the car back because they claim to be fixing it and neither have given us the money. Can we call the police and prove we own the car ?

huh

I cant understand the facts they are to contradictory. Sorry, hal

Dealer sold us a worthless van

Hello,

I don't know if you can help or not, but here is our story. In Oct 09 we bought a van (a 2000 Pontiac Montana) from a car dealership. At the time the dealer told us we could tell that the previous owner had kept the car in great condition.

But as we have now found out that is most definitely not the case! The van was sold 'as is' in Illinois. I don't know anything about vehicles, and we needed one asap, we had just come back from a few years abroad and my husband had started a new job 150 miles away (we were living near the dealership at the time but moved to be by my husband's job).

The very day we got it, the power window on the driver's side broke. I took it back to the dealership, who told me they had fixed it. Three days later it broke again. As I mentioned before, we live about 150 miles away now. That window was just the start of things. This van comes with a tv, vcr, etc. The tv and the vcr do not work, in fact one part of it fell on my 3 year old's head while we were driving.

We started having issues with no heat in the dead of winter, and the van was overheating. While getting that checked out we were told the front brakes were completely shot. The thermostat as well as the water pump also needed to be replaced. This amounted to about $1000 worth of work. At that time we were told by the mechanics they had never seen so much stop leak in a vehicle, which tells us someone knew about the problems! Also the rotors on the front brakes were rusted in a way that the mechanic said never happens unless the car is sitting around for a long time, when we were told that the dealership had 'just gotten it yesterday' so they supposedly didn't even have enough time to get a proper value on the van,we were just given a high guesstimate as the price we would pay.

We have continued to have issues with no heat and the van overheating, and have gone to two mechanics 4 different times. We have been told now that the head gasket or the master cylinder is leaking, and will need to be replaced, at a cost of $2,000 to $2,500. This coupled with the previous repairs we have made means this car is so far gone that it is no longer worth the money it would cost to repair it.

As you can see, we've had the van about 4 months. Is there anything we can do about the dealership doing this to us? I tried calling them when the overheating issues started, and they promised to get back to me. No surprise, they never called again. We had to put down $1250, and have a very high interest rate. Now we will be stuck paying out more money for a new (or new to us) car, and as you can imagine with the van in it's current state, we are upside down by quite a bit. I am not even going to go into how angry I am that we have had to make $1000 worth of repairs to a van that turns out to be not worth repairing anyway!

Do we have a chance in small claims court? I have been told the issues that we have had with the van couldn't have happened since we owned it, these were problems that were already there. I know that generally 'as is' means just that, but surely even this is pushing it?

as is

Cant tell you because I dont know the law iny your state for as is. In general the only way to get around as is requires that fraud be shown. hal

Lemons

Hi, I was reading your comments about the van you bought, that you have had nothing but problems with since you got it. Well, I am having the same problem. They sold me a 2000 Isuzu Amigo that was only supposed to have 40000 miles on the engine because it was replaced. We thought we got a good deal on it, until everything started going wrong with it one thing right after another. We put $900 down on it, and a few days later it started running really rough, and the engine blew. They fixed it, but it too a month, we were without a vehicle all that time. Then, when I bought it they promised to fix the heater blower switch and turn signals. They did that, but it took about 3 times taking it in and sitting around a long time for nothing before they fixed that. Then when they were fixing the thing, they broke something else on it, that was related to the cooling system. My fiance saw the mechanic do it. We had to pay to get that fixed. Then after we got it back, it started leaking coolant and the part they put on it came loose, so they had to fix it again. Next the water pump went bad. They fixed that, but when we got it back it started running really bad again. Cutting out like it did when we bought it before it blew up. So then the starter went out. It is in the shop again now at the car lot, has been there for a week and we tried to call, but their phone has been disconnected. I have never been so frustrated in my life. I have never had these problems with a car or car lot in my life. They have lied to us several times about when it would be fixed. They have no record where we put $900 down on it because their son owned the car lot and they took it over after we bought the truck. So, did you ever get any help, and how? Thanks so much.

No, we have not gotten

No, we have not gotten anything resolved. The dealership where we bought the van wants us to come back and trade this one in, but they are giving us the runaround. They want us to re-apply for financing, pay another huge down payment, and are keeping us in the dark about everything. They are definitely going to keep us upside-down on the financing and will not give us the remainder owed on the loan, which we could get *any* dealership to do that!

We told them the 2 completely different mechanics we took the van to both agreed all the issues we have had did *not* happen since we owned the vehicle, but the dealership doesn't care, they are claiming they had no idea. Apparently claiming stupidity gets them out of taking responsibility.

From what I have read about common fraud, it states we have to prove the dealer either *did* know or *should have* known. I believe being a dealership with a mechanic on site they should have known. They claim there was nothing leaking when they gave it to us, but we have been told by the independent mechanics that's precisely what is going on.

We have another dealership saying we are approved for financing and are seriously considering going through them. Although that means that the previous dealership will still get off with nothing being done, I am just very weary and want this over with.

I don't think I am asking too much to want a reliable car, with a reasonable down payment, reasonable monthly payments, and a warranty in case something catastrophic goes wrong. The dealership seems to feel I should be grateful they will even do business with us when they are the ones that wronged us!

NO help available.

AS IS = AS IS.

Do your homework on a vehicle BEFORE you sign papers next time.

havent got my plate, tags, registration, IM TEST

i gave the used dealer ship 2000$ down but they needed another 1000$ just because they said the loan company need it in order for me to get finance and to take the truck out the lot. okay so i did it because i was in need of a transportation at the time. i took care of a few problem on the truck because it was used of course and found out that my IM tags was expired of 09. i called they said "dont worry about it as long as you have the temp tag your okay" so by the 2nd month of purchasing the truck the temp tag expired and i ask if my plates were in, they said no and to come by next week and thats been the answer for 1 month straight. i got tired of dealing with them and now its been 4 months i called asking about my plates, tags, registration and for an IM test. they told me they were too caught up in paper work and that they had just sent it out a few days ago and for me to check up on it within 2 days. okay so i did and now they said another week it will be in? im confused and getting very impatient with them. my temp tags are going to be expired by the 27th of this month and i dont want to drive with it because i have been pulled over 2 time because the back window is a lil tinted and was dirty so the cops pulled me over. i hate to give the truck back cause i did alot of work into it i just dont know how to deal with this. should i report it to DMV? would they help? any advice would be very helpful.

warranty of title

It is illegal to sell a vehicle if you cannot deliver title. Check with the DMV to see if vehicle is in your anme and if tags have been ordered. If not file a complaint. hal

check engine light came on at soon as I bought used Toyota matix

I live in IL. I just purchased a used 2003 toyota matrix yesterday. It seemed completely fine on the test drive. When I got in the car to drive home, the check engine light was on as if they had reset the light right before the test drive(isn't that fraud?). The speedometer was also not working, despite being clear in the auto check report. When I went asked the dealer about it, they said the only thing they could do was give me service cards to cover 100$ worth of labor not including parts. Is there something I can do to get them to fix it?
please help me not speed!
Thanks

car problems

You need information. Do now what you should always do before buying. Have a full inspection to see what you bought and to evaluate any possibe case. Also see if vehicle could actually pass smog. Bring info to a local atty. Use naca.net to find one. hal

Nope. Pay for your repairs.

Unless you are an ASE certified auto tech with your own handheld scanner (and you forgot it at home this time), there is NO reason at all that you should not have had a professional check this car out first.

They will fix your car if you pay them. That is all.

Finance Company withholding title because of owed repair costs

My finance company is threatening to withhold my car title once the car is paid off because I owe for repairs. I looked through the purchase agreement and it does not mention title not being released outside of financed amount being paid off. What is my recourse?

dont understand

How can you owe the finance co for repairs? In general once loan is paid off they owe you title unless you made a deal in writing to the contrary. hal

Finance Company withholding title because of owed repair costs

There was nothing in writing. It's a buy here pay here. Does that make a difference?

fraud

Hello,
I bought a car a year ago this past august. Its a Honda Pilot and the dealership told us that it was never in an accident. We went tonight to get it appraised to trade it in for something better on gas. When we went to get it appraised they told us it was in a serious accident , both bumpers have been replace and so hasnt the passanger front door. It brought the trade in value down. How should we handle this, do we have any legal rights?

prior accident

In California this are often good cases. A dealer is not allowed to lie. In CA contact us or another firm who does this work. Otherwise use naca.net for a local atty. hal

You have to prove fraud.

Good luck.

You check for this BEFORE you buy the vehicle. If you can prove the dealer knew of this and did their homework before buying the vehicle from auction (unlike you), then you are something special!

victim of auto fraud

I think I am a victim of auto fraud in many ways byt never knew of any of this til now! This happened in 2005 can I still do any thing about it? I am still paying on the car! So I purchased a brand new 04 monte carlo a 32k car I got it for 26k I put 2500 down & paid $515 a month for not even a 1 1/2yrs. (this was 01/04) in 09/05 I purchased a 00 mustang gt I traded the monte in on. Now when I purchased the monte I had no credit & a cosigner, when I purchased the mustang I had a 560 credit score & there would be no cosigner..

Now I purchased the mustang on 09-30-05 they never contacted me about any finance problem, almost two months went buy & the repo man knock at my cosigners door for the monte, this is when I found out the dealer never paid off my monte because they were still having a hard time financing me. Never once did they call me! I contacted them when my credit was being effected for a car I no longer owned (so I thought) when I contcacted the dealer they acted like this was nothing I just need to come in put more money down & sign new papers on my car, well this was not happening! I was not putting another dollar down I told them flat out you are going to get this problem solved for not another dollar today or monthly or they can give me my old car back. They told me that was not possible they ended up getting me financed it was at a higher rate but they made it seem like I had no other choices I would have taken my orginal car back, it would be paid off in 6 months instead of the year I have left on this used car. I know I made a bad choice by trading in a brand new very beautiful car on a used one I thought I wanted but was better off in so many ways. What the dealership did to me was wrong I still have all the paperwork both contracts & a witness that was there through out it all with me. It has been sometime but knowing what they did was illegal makes it that much worse. After all this time can I do anything about it?

to long age

I cant see anyone considering a case this old and their are timelines for taking action. hal

You did not qualify for that loan on the Mustang.

I'm not sure what possessed you to believe that ANY lender was going to loan you money for a Mustang PLUS your negative equity on that Monte.

The 90s have passed

Two prices for same car

i've signed and bought a car and 2 days later found the same car from the same dealership had been priced online for $1000.00 less. Can I demand the balance of the car note be changed? Is this false advertising?
Thanks

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