Guide to Auto Scams in New and Used Car Sales
Welcome to UCAN's auto scam page! Don't forget to "Ask Hal" if you have any auto fraud related questions. He's one of the top auto fraud attorneys in California, and he will respond to your inquiries FREE of CHARGE. Questions will be answered based on California law and general legal principles.
Automobile fraud occurs when a retailer seller misrepresents or fails to disclose material facts regarding a new or used vehicle.
There are many categories of automobile fraud, including: violating the "single document rule;" requiring a deferred down payment with improper procedures; including "negative equity"/"over-allowance" in the sale; sale of wrecked vehicles; sale of previously repurchased "lemon" vehicles; odometer fraud; and various other financial frauds that occur in the advertising or at the time of sale or lease of the vehicle. The defendants in auto fraud cases may include insurance companies, car dealers, car manufacturers, and car finance companies.
The following are some types of auto fraud that we frequently see with vehicle consumers:
Single Document Rule:
The Automobile Sales Finance Act (AFSA) provides that all obligations of both parties in a transaction must be contained in a single document (which explains why purchase agreements are so long in the auto industry). Often, however, dealerships will have customers sign additional documents, such as trade-in forms stating that the customer agrees to pay any difference between the value of their trade-in vehicle and the amount owed on that vehicle. Or, the dealership will agree to make payments on a trade-in vehicle but not include the trade-in vehicle in the purchase agreement. Another example is a "hold check agreement" (see below) whereby the customer agrees to pay additional money towards the down payment on a later date. Each of these documents violates the one document rule.
Hold Check Agreement/Deferred Down Payment:
Many dealership customers are unable to pay the entire down payment at the time the purchase contract is signed. Often dealerships will allow the customer to make a down payment in payments (called deferred down payments). Although the vehicle code recognizes these deferred down payments, they must be itemized in the purchase contract, including the amounts and due dates for the deferred payments. Some dealerships, however, will have customers write checks for the deferred down payments and then agree not to deposit the checks until an agreed upon date. The customer is then made to sign a separate agreement that lays out the dates on which the checks will be cashed and additional provisions regarding any returned checks - thus creating additional obligations that are not included in the purchase agreement.
Sticker Price:
The vehicle code states that a dealership cannot sell a new vehicle for more than sticker price (a.k.a. the manufacturer's suggested retail price, or MSRP) unless there is a dealer addendum sticker disclosing itemized costs above MSRP physically affixed to the car. Inflating the cash price of a vehicle - as in the case of a negative equity deal (see above) often results in selling a vehicle for higher than the MSRP, while also affecting the amount charged for taxes, licensing & registration and finance charges.
Spanish Language:
Civil Code § 1632 provides that if certain transactions, including lease/purchase of a vehicle, is primarily negotiated in Spanish, then a Spanish translation of the contract must be provided to the customer prior to signing the English language contract. This law was recently expanded to include Chinese, Vietnamese, Tagalog and Korean. Failure to comply gives the customer the right to rescind the transaction.
Used Vehicle Disclosures/Misrepresentation:
Dealerships are required to disclose material known facts about a used vehicle, such as if it was:
- involved in a prior accident (that caused substantial damages) [See below for more information on this issue]
- a prior rental vehicle
- a lemon law ‘buy back,' meaning the vehicle was repurchased by either the manufacturer or dealer under the lemon law because of a defect subject to odometer tampering/malfunction
New/Used/Demo/Unwind:
The AFSA requires that a dealership describe the vehicle being purchased as either "new" or "used." Although the "used" designation applies to demonstrator vehicles (a.k.a. "demos," vehicles used by manufacturer or dealership representatives) and "unwinds" (vehicles previously sold, then returned, usually because of financing problems), these vehicles are often represented as "new" to customers.
Negative Equity/Over-Allowance:
Arises in a transaction that includes a trade-in vehicle. Generally, the customer is led to believe that the dealership is valuing the trade-in vehicle at the same amount that's owed (so that the customer doesn't appear to owe anything on the trade-in). In reality, however, the actual cash value given by the dealership is less than the amount owed, and the difference is added to the cash price of the vehicle being purchased. If this is done it is illegal, even if the customer knows and agrees to it. The extra amount cannot be added to the vehicle line 1(a)1 per our precedent-setting case of Thompson v. 10,000 RV's.
Packing:
In a "packing" case the customer is quoted an inflated monthly payment. If he or she accepts this amount, the dealership adds accessories (alarms, service contracts, GAP insurance, paint/fabric protection, etc.) to the purchase contract to reach the inflated quoted price. The customer doesn't realize that the accessories are optional nor that they're paying extra for the accessories, which are often represented as "included" with the vehicle.
Rewritten Contract/Backdating:
Often a customer won't qualify for financing under the terms of the first purchase contract and may be required to increase a down payment, APR, etc. to quality for a loan. The dealership then has the customer sign a second contract with the new terms but backdates it with the date of the first contract, sticking the customer with financing charges for a period during which the contract wasn't yet in effect. In addition to making a material misrepresentation of when the customer takes the obligation of the new contract, a backdated contract often violates the single document rule (see below) because another form, usually called "Acknowledgment of the Rewritten Contract," has the actual date when the contract was signed. In addition, many customers aren't informed that they can opt to cancel the contract and return the new vehicle and have the down payment and trade-in vehicle refunded, rather than signing a second contract with less favorable financing terms.
Forgery:
Dealerships sometimes forge the signature of customers on subsequent contracts that change the terms of the original signed contract (especially if the customer refuses to sign the new contract). Other commonly forged documents include: credit applications (with fraudulent representations about income, etc.), as well as buyer's guides and disclosure forms (to prevent buyers from reading their buyers' rights and/or information that may cause them to reconsider their purchase decisions).
Certified Used Vehicles:
Many manufacturers and dealerships advertise used vehicles as "certified pre-owned," supposedly guaranteeing to the customer that the vehicle is in good working order and free from major structural damage, including previous accidents. Often times, however, dealerships misrepresent used vehicles that have suffered previous accidents, structural damage (or other conditions that would preclude certification under the dealership's advertised standards) as "certified" vehicles - misleading customers into paying a premium price for a damaged product.
can a car be sold as "new" when it was a returned car in CA
I purchased a car that was told was new - on the contract it states NEW. After a few days was told I was going to be stuck with a 12.9% interest rate if I didn't sign a new contract. Told them I was unhappy with the car and wanted my old car and my down payment back the dealership said I was bound the the contract with 12.9 %. So with them pressuring me I signed the new contract. Later I got a paper from the DMV stating my old car was still registered to me. I still have not received new plates for my vehicle. Called the dealership , they said DMV is slow I should receive it shortly. It's been a month and 5 days since I purchased the car and still not plates. Five days ago, the dealership called saying I didn't have the correct registration in my window and I needed to come by and pick it up. I went and now the dealer is saying that I need to sign a paper stating I knew the car I purchased had been returned. I told them after numerous time of coming back to the dealership and being forced into the contract when I wanted to walk away the first time - I'm not signing a paper stating I knew the car had been returned. The dealership told me it was a NEW car and I'm not signing anything stating I knew the car wasn't. The dealership tried to tell me they didn't know the car had been returned and only after I had the car in my possession they found out. They have records on the cars they have on the lot.
I only found out that the car had been registered to someone else 5 days ago - but the dealership is saying it's a NEW car. Trying to scare me, the finance manager said I needed to wait as he spoke to the store manager. I told him, I don't have to wait, I'm very unsatisfied with how they handled the paperwork. They seem very dishonest and I'm leaving and contacting a lawyer. They charged me full price for the car (as if it were new). They said they gave me all the rebates. That's not the point. The car was titled to someone else and then returned and it wasn't disclosed at the time I signed to paperwork. And they had every opportunity to inform me - they had me come back to the dealership over a bunch of times.
It sounds like fraud to me, but want to know my rights. I've contacted a few lawyers and am waiting to hear back. I've lot many nights of sleep over this. I think they thought they could get away with forcing me to sign another paper since they were able to force me to sign a new contract, but enough is enough and this just doesn't feel right.
HELP from a female consumer.
compensation?
Hi Hal,
I no longer want my trade-in and down payment back. I don't trust this dealership and feel they might do something to the car ... also, the dealership has paid my previous loan off for my trade-in. What are my options? Is there a way to get compensated for what the dealership has put me through?
Thank you for the information!
PS - I'm still waiting to hear back from someone at the number you listed.
you win
At leaat in California what they did was clearly illegal and should get you out of the contract. In CA I will evaluate for free justr call 1-800466-5366 outside ca use naca.net to find a local consumer atty. hal
Unwind sold as new
We purchased a 2008 GMC Acadia last February (2008). It was disclosed to us that the vehicle was an unwind, but not knowing any better at the time, we bought it anyway and it was sold to us as "New".
Well our registration renewal came a few weeks ago saying that the reg is due in November. We were suprised to see that considering we bought the car in February!
We like the car very much, but I do not like getting screwed (who does, right?). Isn't it illegal to sell an unwind car as new?
Thanks!
yes its illegal
Please see my answwer above-law requires it be sold as used. hal
Rushed In
Hi Hal,
I am an inexperienced car buyer and went to a dealership just to look at what's out there. Before I knew it, I found a car for a decent price, but come to final price they added $7000 for various charges. I signed the finance and purchase agreement because I thought it was a good deal. Which it wasn't. I havenlt touched the car. Can I walk away from the deal?
In California, if you signed
In California, if you signed the contract but did NOT take possession of the vehicle, it is not a consummated transaction. That's why most dealers want you to take possession of the vehicle once you sign the contract.
Vehicle History Report
I owed approximately $8,000.00 on my 1999 Toyota Camry, in 2006 I received a "Shoppers' pass' from the dealership where I purchased the Camry. I was even thinking about purchasing another car-my Camry had only 72,000 miles, in pretty good condition, actually better than that, a sun roof, I had kept up on all of the required maintenance., you get the picture. I hadn't even gone in to find out about the pass, when the salesman came up to me, and started walking me over to the far end of the lot to show me a 2002 Toyota Solara. To make a long story short, 4 hours and $22,000, later, I came out with a car that I didn't want-it was like a dream. During the test drive-I asked him for a Vehicle History Report-he never disclosed to me that the vehicle had been in a accident (I found this out later when I paid for the report myself), after purchasing the car. The fact that this would have been my third Toyota (which I have been tremendously satisfied with), combined with the fact that several years earlier my former fiancee had come to this same dealership to purchase a car to rebuild his credit-after they finally succeeding in getting him financing-he was not happy with the car-and wanted his $1000.00 down payment back(we had come back on two prior occasssions to see if they could fix the problem to his satisfaction), when the dealership refused to refund the money-I went directly to the owner of the dealership whom I had met briefly-about 4 years earlier, when he attended a luncheon at the company that I was employed with. I had read this huge article in the business section of the local newspaper about this new dealerhip that had come into the area-and was part of a group of dealerships. I introduced myself to him and told him that I had read about him- he gave me one of his cards, and told me when I was ready to purchase a car to come see him. I hadn't given that another thought, until we couldn't get the money back. I found his card, which thankfullly I still had, called him and told him my problem-let's just say-less than a week later-we got the money back-which is why when i was ready to purchase a brand new car years later-I went back to the same dealership. In other words, I thought that they salesmen were honest, the service had been great, and I felt they had integrity. So, even though the salesman never did give me the VHR, I admit that they did kind of stay in the back of my mind-why he didn't give it to me-I still felt confident buying the car. I am a grandmother who usually spends every other weekend with my grandkids, and this car is a coupe, I hadn't actually thought about how inconvient it was going to be as far as shuttling them in and out, so on Monday, I called the salesman, and told him that I changed my mind, (it was within the three day period),and I wanted to bring the car back-he told me that I couldn't do that-I never did get the extra set of keys that he told me I would get, he did not fill the tanklike he said he would do, and basically, I feel railroaded and haven't been able to just accept that I haven't been. I purchased the car in August of 2005,-I just want to know if simply withholding the VHR, even after I requested it, would have been grounds to cancel the contract.
No financer found after 30 days
My husband and I purchased a new Nissan Versa on Aug. 15 from a dealeship in the Bay Area (Fremont, California). We walked off the lot with no down payment and a credit rating fitting to us with a 45 day window to make the first payment. About 2 weeks later they sent us a letter saying that they were reniging on the contract because they couldn't find any bank to finance the vehicle. We went ready to return it. They ended up giving us a better deal than previously and requested a down payment, but we told them that was not part of the deal. they settled with the rate and purchase price. They ended up cutting about 10,000 off. (this was interest and purchase price). And we still walked off with no down payment. Sounded like a great deal so we signed a new contract and they informed us at the time they had approval and a financer. Now another 2 weeks later and still no financer, no one is agreeing to the amount. We phoned them concerned because from what we were told the insurance will only supply coverage if there is a financer. The dealership will only provide finance coverage for 30 days. The 15th of Sept. is the 30 day deadline. What's our next step?
Update to No financer Found in 30 days
Update...the dealer had no choice, take the car back with over 1500 miles on it or give us the car with the amount of money they could get financed. They chose the later...and we got the car at less than sticker price!!! God is good!!!
US, too.
This is happening to us, too. We called the dealership ahead of time and told them our credit rating and asked if they would be willing and able to work with us. Yes. The salesman called back, okay, just making sure as we don't want to waste anyone's time with false promises. Oh, no we can have financing available. Great. Get the vehicle, sign the paperwork, 21 days later, no financer. Well, too late you had 10 days. Now, we are trying to force the dealer to hold to the 10 day right to cancel.
help! I bought a "new" car yesterday with 1000 miles on it
I bought a car and was told that there was 307 miles on it. The trip odometer said 307... but when I got it home, i turned it off and the real odometer came up and it said 1007 miles. obviously the person in charge of the documents saw the trip odometer and thought it was hte real odometer. i have to have the warranty fixed, but on top of that should I take legal action? does 1000 miles still count as NEW?
the dealer hold my car
hi.i buy a car with capital one check.i buy the car 9 days before and the capital one deliver the funds to the dealer bank 3 days ago.now the dealer says i have to wait 10 more days until the funds clear.is this some kind of trick;the capital one says the money is in car dealer acount.can i do anything exept waiting;is it legal for the dealer to do that;thanks
state of nj
No Contracts recieved for a vehicle 3 Contracts Signed
This dealer in San Diego Ca Spot delivered a vehicle to me at 7:00 at night on a sunday with no financing. They said they will contact the office on monday. I find out that They inflated the amount financed + down payment so I ended up paying 15.500 for a vehicle they told me the sold to me on the contract. They then had me sign another contract where they lowered the contract price 500.00 So the vehicle sold for 13,000 + license tax fees and 500 down. They have refused also to repair anything on the vehicle. I was sold a vehicle with warped break rotors. Missing seals on the windows. It was in a crash and not disclosed. Screws missing out of the hood and ac vents. The stereo did not even work. It was agreed to have this looked at and they said nothing was wrong. They would not put anything in writing that they looked at the vehicle.
I still to this day 4 months later have no plates, no sales contract and no written documentation that they looked at the vehicle and attempted to repair the vehicle.
The best thing you can do is
The best thing you can do is to file a consumer complaint with the DMV Investigations Section. www.dmv.ca.gov under the search box, put consumer complaint form. Be sure to have all copies of the documentation that was actually given to you. Also make sure that the dealer complied with the AB 68 laws and offered you a 2 day contract cancellation, if they ran your credit, make sure they gave you a copy of your credit score and the company they ran it thru. Also make sure they gave you an optional products and services disclosure for anything they added to the vehicle or contract. The break rotors - get documentation that they are warped - that is a violation of Division 12 - safety equipment!
Hope this helps - you have one year statute of limitations to file that consumer complaint - but you need to do it asap
A rolling stone gathers no
A rolling stone gathers no moss.A true friend is known in the day of adversity.
?????
Buyer Scam
Hi there, I recently had a buyer for my truck, a Nissan Frontier, and I think they were trying to scam me. The guy "buyer" was trying to get approval from his bank for a loan, but he wanted to have a mechanic take a look at it first. He had me drive it to a local auto shop who looked at it for about 10 minutes and told me it needed a new timing belt and head gaskets, making the car worth far less than the 7000 I was asking for it (already 2000 less than NADA wholesale's LOW value) The buyer recieved this information from the mechanic and made me an offer of 4000. I refused naturally, but I think this guy was using his mechanic buddy to deflate the value of my truck so he could resell and turn a profit on it. Is this a common scam? It just seemed kind of shiesty to me as the mechanic was telling me my truck was going to die and I either needed to fix it or get out from under it as fast as I could before it died. If this is a scam should I report it?
please help
I just purchased a 2002 Dodge Intreped car on 7/19/08 on 7/20/08 I noticed oil leaking very bad, I gave my GMC truck as a trad in on 7/21/08 I returned to the used carlot where I made the purchase, they did not want to work with me he was basically rude and told me it was too late I signed the paperwork.
Now out out of a vechile and stuck with having to pay for a car that is not in good status condition. Please advise as to what I can do to try and get anoother car or my trade in back. Do I stiil need tio keep paying on the defered payment. Please advise your assistance is greatly appreciated.
Tommy Zamarripa
146 Prosperity
San Antonio, Texas 78237
(210) 909-2944
please help
I just purchased a 2002 Dodge Intreped car on 7/19/08 on 7/20/08 I noticed oil leaking very bad, I gave my GMC truck as a trad in on 7/21/08 I returned to the used carlot where I made the purchase, they did not want to work with me he was basically rude and told me it was too late I signed the paperwork.
Now out out of a vechile and stuck with having to pay for a car that is not in good status condition. Please advise as to what I can do to try and get anoother car or my trade in back. Do I stiil need tio keep paying on the defered payment. Please advise your assistance is greatly appreciated.
Tommy Zamarripa
146 Prosperity
San Antonio, Texas 78237
(210) 909-2944
THEY WANT THE CAR BACK AFTER 3 WKS
I purchased a car and was told i had been approved on July 1, 2008. I had informed them at the time that I was currently in an open Chapt 13 and had to get an approval letter from the trustee. (im in NJ). They said ok no problem we got an approval for you. They took my old clunker as a trade in and let me drive off the lot. Well its now 7/17 and I was just informed that they cannot get any of their financing companies to approve a loan if my name is on it. They said someone else would have to buy it from me. None of this seems reasonable. I was up front with them from the beginning but now i am told i have to bring back the car. Do i have any recourse? Obviously they never processed the registration and title so I dont know what to do.
need help
I went to buy a car on friday the 4th. we didnt sign the contrack or paper work on friday but what we did do is leave a check of 3000 dollars to "hold" the car so if we decided to get it they wouldnt sell it. they told me to take the car home for the weekend which i did but i was insisting i would leave it since i wasnt sure if i was gonna buy it. i didnt drive it all weekend bc i didnt want to run the miles up on the car so if i didnt purchase it. well on monday i brought the car back saying i didnt want it bc i found a cheaper car i liked a lot better. they told me that i gave them the check and i couldnt get it back since it was already in there hands(which they did not tell me it was non refundable) i am 21 and i first time buyer so im assuming that they were coning me into buying it. well being young and 3000 is a lot of money to lose even though i new i couldnt afford the payments i signed the paperwork bc i didnt want to lose my money i put down. but i really didnt want it bc it is a lilttle expensive for me to handle the payments. so i feel like she pressured me to signing the paperwork noing i would since she would not give my down payment back. is there anything i can do to give back the car and get my money back since she scared me into buying it with the fear of losing so much money?
Can i get my trade in back
I brought a car from a car dealers and traded my car in this was about 3pm on a wednesday, I told the salesmen that i had no income coming in and that i just seperated from my partner and that i shoud be getting a pay out from our busniess that we owned but wasnt sure as to how much i would be getting, i took in my paper work i had got from our accountant but said this was my income but i am not reciving anything through the busniess or even on a benefit, the salesmen asked me to sign 2 forms so he could try and get finance for the new car so i did i didnt fill out any off the paper work he done all that, he told me to leave it with him he would sort it and i would get the new car. I then ended up getting the car around 3pm but by 5pm that same day i phoned the salesmen up at his home and told him look i cant afford the car i done a silly thing buying the car and that i want in the right state of mind to of brought the car and that i also found out that i wouldnt be getting as much of a pay out from my busniess that i had with my partner and asked if my car was still there he said yes my car was still at their yard so i asked if i could come in in the mornning and just get my old car that i had traded in back and he said yes come in in the mornning and we will sort it out for you i also offered to pay for any cost that was accured for setting it all up, the next morning (thursday) i went down with the car and he told me to come back after 3pm to see the manager as the mananger had been delayed on his flight from australia, i then left and went back about an hour or two later and the manager was there and he said no i can not have my trade in back and so i phoned the police and they came down and told me to phone the finace company and have the finace cancelled on the car witch they did they cancelled it for me as i told them that i told th car dealer i had no income and that i was going to be getting a payment from the business but not sure how much and that the car salesmen filled in all my forms not me, the finace has been cancelled but the car drealers want take the new car back and give me my trade in back and that the dealers have already been paid for the new car from the finace company so i dont know how he has been paid when i have cancelled the finace on the new car.. also with the new car i was ment to get $500 petrol vouchers plus a portable DVD player for the car witch i havnt been given and i only got a wof off 4 months as i brought the car on the 2/7/08 and the wof expiers on the 11 month off 2008 and i also only have one head light working on the new car. can they sell a car like that from a car dealers and beeing a brand new inport ment ot be the first new zealand owner.
How can i get my old car back that i traded in ?
not within the 10day cancellation
What happens if the dealer doesn't give you written notice within the 10days to cancel a contract due to them being unable to find a bank to finance? We need help. We are in California and obviously not the only ones dealing with car dealerships over this same thing.
since the dealer cant find
since the dealer cant find financing for you and doesn't want to carry your contract under the terms and conditions he wrote, basically you need to return the vehicle, and the dealer needs to give you back all consideration you paid on the vehicle. The 10 day recission letter is binding, so if the dealer can find you financing you would need to sign another contract if you want to keep the vehicle. If you feel that the dealer has defrauded you in any way , you have 1 year statute of limitation to file a consumer comlaint with the DMV Investigations section. You can go on the dmv web site www.dmv.ca.gov and get your consumer complaint form.
Hope this helps - don't wait too long to file that complaint form
seller gave notice after 10 days
1st time buying a car together. We knew we didn't have very good credit and informed dealer of this. we went into office on 3/20/08 and gave a $500 downpayment signed the contract, called and added insurance and drove home in our new car. 29 days later we were contacted by the dealer and told that none of banks he had tried would finance us except one. They required a copy of proof of income, we had to sign another contract, and we had to give an additional $1000 on the downpayment. We gave him $400 on 4/18/08 and were given 60 days to come up w/the rest of the downpayment. Our first payment was due on 5/18/08. The day before I still had not recieved a bill so called dealer and he stated that the company was not in our "service" area and so was unable to do the loan and that he was going to try another bank and call me back by 4pm that day. Yesterday, 5/21/08 he finally called me back and stated that the last 2 banks he tried would not finance us due to bad credit and that we would have to return the car! If I had known in the first place that it would be an issue to get financed I wouldn't have bought the car at that time. During the time that I have had the car I put a dent in the door. Which I have turned in a claim to my insurance for. But I will have to pay a $500 deductable. None of this seems fair to me. What are our options since he strung us along for so long as well as being well outside the 10 days as it states in the "Seller's Right to Cancel"?
answer
did you get an answer yet on the 10 day period??
10 dealer cancelation--still no answer from anyone
Still have not recieved any kind of answer to my question. Returned car last week but would still like to know what my options would have been if I had known what my legal rights if any were in this situation. Please send an answer. Thank you.
bad credit loan - taking over payments
I purchased a vehicle through craigslist. The deal is that I take over smeone's payment. I put $2000 down and my payments would be roughly $405 a month for a $28,000 van. The $2000.00 went through a "broker" who works between me and the owner. The deal is I have bad credit and they cant make their payments so it sounded awesme to me.
Signed all the paperwork including a legal right to drive the vehicle and I must insure the vehicle.. blah blah blah.
I get back home and try to insure the vehicle. I must include the owner and the finance company. Problem is, Im not on the registration so they couldnt do it. So I call the "broker" and he doesnt return my calls. I had already made the first payment also but from then on out I stopped making payments. A month later, "they" come and take the van. At this point, I could never get the broker to return my calls.
I even called the finance company to see if they would work with me on this and they couldnt speak to me because its not my vehicle.
So basically I got scammed $2000.00
Now the owner is clling me trying to get the last months payment from me and the mandatory insurance for 2 months the finance compny through into the mix at $200 a month.
Does all of this sound illegal to you?
DO I have any rights here in filing a civil/criminalk charges against the OWNER? Im sure the "broker" is long gone. As far as I know, they are all one in the same person.
Any advice would be helpful.. I already know getting my credit back up would be the first advice!!! Im already paying for that n everything I do!!!
thanks
Credit Switch
Hello,
We purchased a Mazda in April, when talking to the GM about financing (the finance person was ill that day) my wife and I stated we only wanted Mazda Motor Credit, or no deal. We haggled about interest rates a bit, we told him we can get financing at this interest rate through our Credit Union, and he looked it up and stated that he can have Mazda Motor Credit match that rate. And he assured us it would be only Mazda Motor Credit. We told him we would not sign unless it was. This week I got a payment bill from US Bank, it seems the GM did not tell the finance person to only go through Mazda Motor Credit, in which we specifically asked for, and decided for us whom we are being financed through. I called to complain, the finance person contacted my wife yesterday to apologize repeatedly for their lack of communication, and asked what can they do to make it right? My wife asked him to call back to speak to me, as I am the one whom feels that they are taking advantage of me.
My question is...Can I demand them to refinance me through Mazda Motor Credit? And, is there a breech of contract, being that we were going with the GM's verbal aggeement on financing when signing the contract? Hal, What can we do?
Many thanks in advance, MK/CK
Dealer won't give us paperwork for purchase
Two weeks ago, my husband and I purchased a 2006 Chevy truck from a local dealership. We bought the truck in both our names, and as we were signing the paperwork, I carefully read over all the details - everything was correct:
Purchase Price: $30,850
Downpayment: $3,500 (to also cover tax and title)
Extended Warranty to 75K miles ($2,500)
Loan Term: 60 mos.
Rate: 5.9%
Plow for the truck would be brought from sister dealership and was promised to be in good condition.
That was Sunday afternoon. My husband was to pick the truck up Monday afternoon, as the dealership was taking care of the registration and new plates. The salesman asked that I call him Monday to confirm plates were received, etc. before my husband picked up the truck. I called Monday afternoon, and was told the plow wouldn't arrive until Thursday, but my husband could still pick up the truck. My husband picked up the truck, and on Thursday I called to see if the plow was ready. The salesman tells me he needs to check and will call me back. Two hours later, I still had not heard from him, so my husband called. He spoke to the service department who told him that they had the plow, but were waiting for management to sign off on the workorder to fix a part. Confused, my husband asked for the manager, who said he'd call back. We did not hear back from him Thursday.
Later that night, my husband asked me to pull out the paperwork for the truck. Sadly, I thought HE had taken it, and so we now had NO copies of paperwork that we signed for the truck. My husband and father in law went to the dealership Friday morning. After a rather nasty exchange of words, the plow was fixed and my husband took it. He was told that our copies of the signed paperwork had "just" been picked up by the mailman. That was Friday morning, and today is Tuesday. We still have not received the copies. I have called the lienholder and have verified that the loan terms are correct. I have also received my payment books. My concern now is that the dealership is pocketing the money for the Extended Warranty, and by not providing us with copies of the signed documents, we can't prove that we ever BOUGHT that warranty.
I plan to call the dealership tomorrow morning to ask for the paperwork to be faxed to me, but based on their not-so-upfont business practices thus far, I'm guessing they aren't going to send it. What rights do I have to obtain copies of those documents? And what can I do if I do get the paperwork, and it isn't what I signed?
Thanks.
Refund of down payment
I needed a car so I decided to try and get preapproved before I started to look. I was approved for 18,000 with Capital One. I saw a 2003 Toyota Solara for $6700.00 on the web and decided to take a look at the car. I test drove it, did a visual inspection and everything seemed ok. So I decided to buy it.
The problem was that Capital One requires that I purchase car from a franchised dealer, which this dealer wasn't. So I decided to try and get financing through the dealer. I signed a credit application and left a $500.00 Down payment ( the dealer said that his lenders woudn't approve without it). That was on a Thursday. The next day, Friday, the bank called to verify my information. I didn't hear from neither the dealer or the bank until I called on the following Wednesday to tell them that I found another car and used my preapproved credit form Capital one.
The sales manager told me I was approved for the loan through the dealer's bank and was scheduled to take delivery the next day. I told him that I was not contacted and I had already brought another car. I told him that I just wanted my down payment back. He told me that he couldn't give it to me because once the credit was approved, the bank automatically takes $750.00 from the dealership. I then told him that I never aggreed to a nonrefunded deposit and they cannot force me to accept the terms of a loan. I again demanded that my deposit be refunded to me. I told him that this was not legal, and he cannot hold money for product that was never delivered. But he said that he talked to his lawyer , who informed him that it was legal and he can keep my money to pay the bank.
I dont think this is Legal in Pennsylvania. Am I right? I was going the contact the attorney general or a lawyer, but I am not sure if I am right.
Thanks
car dealer didn't collect down payment
I bought a car 7 days ago and unintentionally left without giving them the $2000 downpayment. They called the next morning and we asked if they'd take a credit card over the phone to settle that up. The guy who called us didn't know and said he'd call us back. We didn't hear from them so, 6 days later, we called them back and inquired to the same guy about the status of the paperwork and the payoff of the loan for the car we traded, etc. The guy told us everything was settled, our sales contract and paperwork were in the mail and the loan payoff on the old loan could take a couple of weeks but everything we fine an in order. We asked if we owed them anything else and he said "no". I know I still owe $2000 - what happens now? I'm not trying to not pay - but I can't believe their not trying to collect.
Did you ever recieve an
Did you ever recieve an answer to this question?
Is buyers contract binding?
Hello Hal,
Help! We went to buy a car & signed the buyers order & the dealer also signed it. We also signed the Conditional sale & delivery agreement. We had told the sales guy we were not decided about finance options - but he said we had to sign these documents & later we could discuss our options with the finance people. Later, the finance guy gave us a high rate of interest so we told him we'd like to use our own pre-approved loan. He did a turn-around & told us that the price agreed to is conditional on us financing with them & that's what they understood! This was a lie! we had told them repeatedly we do not want to make any finance committments. So we walked out. Now we are worried if they can say that we have to buy the car from them and is it legally binding on us? We did not pay them anything for it & didnt take delivery either. We did not sign any finance papers either.conditional sale & delivery agreement & also a paper "we owe" where it states that they owe us nothing on the car & we accept delivery of it & we owe potion of this is scored out. They did not give us a copy of buyers order, we only were given the We are in Texas. Your advice would be really appreciated. Thanks in advance.
Can a car dealer raise the finance charge 5 days later
my husband just purchased a 3 year old used car and was told that he would get a higher interest rate because we had filed bankruptcy a year ago. The papers were all signed at 11.9% interest rate. my husband has had the car for 5 days now and the dealership's fianance dept. called him to tell him that they were not able to get him that interest rate after all, that it would be 16.9% instead. needless to say my husband is furious that he signed paperwork at 11.9 and now they want him to sign new paperwork at 16.9. my husband refuses to sign a new contract and told the dealership they either void out the contract and give him back his $5000 down payment that he had originally given them or keep the deal at the 11.9 percent interest rate originally signed and agreed upon. NOW The dealership is giving him the run around and telling hom to come back in a few days when the GM is in because he is the only one that can authorize this....what can we do, is this legal????
Did you get an answer to
Did you get an answer to this question ? I had this happen to me in 2003 and KNEW it was fishy.. Now I am thinking about going after this car company that did it..
Thanks for your time.. Chris from Jersey
They tried to pocket a down payment
What happened with your deals?
My sons 1st auto purchase... They financed 100% then ask for the down payment of $3000.00.... Not looking over the contract, my son had them hold the check then later (a few days) realized that the down payment is not listed on the contract, he ask for a correction. When they called him he told them he was not paying a down payment they had financed the whole truck?!!@..... They did nothing for almost 4 months, then they tried to cash the check which of course it was no good. He had moved back home and closed the account by then. Thinking they realized there mistake and thinking it was all over with. My son has been charged with a felony deposit account fraud, for not paying the down payment due?????
Dealer pocketed down payment
I recently purchased a car for $18,000. The orignal price was for $18,999. I put a down payment of $4,000. I signed the contract but I didn't notice that the price of car was still $18,999. The total price of the car was listed at $27,000+ dollars for my car!!
$18,999 + Tax + $4000 down payment = $27,000.
I called the sales guy and asked him what he was trying to pull. He just gave me a whole lot of garbage. I love the car and want to keep it. I just made the 1st payment. Since I got financed for 100% of the car, How do I get my $4000 down payment returned? I live in California.
In-Correct Value Of Vehicle
My husband and I purchased a used vehicle from a car dealership for about $14,000 are loan ended up calculating in the amount of $22,000. The dealership had promised us an easy trade-in after a year, which they lied. Anyway, a year later rolls around and the dealership tells us they will not trade-in are vehicle because the loan is too high and then we found out that the vehicle we had purchased a year ago wasn't even worth around $14,000, but it was worth around $5,000. Do we have the right to sue for the car to be refianced into the correct value of the car at the original date the car was purchased and to be credit for all the car payments we have made towards the vehicle? They completely ripped us off!!!!
Which car do I own?
I signed documents at dealer #1, late at night. They didn't have the car on the lot, they had to go get it.
I did not give them my down payment. I did not take the car.
I got an unrelated deal from dealer #2 which is what I was really looking for. They told me that there was no sale for Car #1.
I bought Car #2 and paid my down payment and took the car with me.
When I tell dealer #1 that I don't want the car, they state it's an iron clad contract that is enforcable, and they'll come after me for the down payment, repo the car, ruin my credit, etc... They also state I can get out of Car #2 because "I was lied to." Either that, or I really do own them both.
Which is correct? Do I own Car 1, 2, or both?
2001 VW Passat
Going back to the electrical probelms. I purchased a used 2001 vw passat approx. 75000 from a dealership. It came with Arizona State Implied Warranties. I noticed after about a week both halfshafts were bad and the boots were bad. So i took it and the dealership stated they replaced them. It has been 11,000 miles and 8 months later and they are bad again. The vehicle is not drivable. I took the car back to the dealership and they said those were not under warranty because they did not replace them they just put new cv boots on them. So I asked the service guy at the counter and he said because I was in housed financed the car comes needinh repairs and that was my responsibility to repair it. So acccording to him they knownly sold me a car that needed these repairs. But they will not repair it now. Can I do anything?
Used Car Dealer Raised Price at the last minute
I am in California and have been in the market for a car. This Monday, I finally found the perfect one. I negotiated with the salesman, who called the owner and lowered the price. The woman who was in charge of the paperwork was out of the office for several hours, and as I had a class I couldn't miss, I paid a deposit and made arrangements to return on Thursday. I am a 90 minute drive away, and when I arrrived Thursday, they informed me that the owner claimed he had not agreed to the price - but he DID - I was in the same room when the salesman called!!! They wanted an additional $1000, and when I refused they refunded my deposit. They didn't even have the decency to call me & save me the drive. The next day, I called and asked to speak to the owner, they would not give me his number & I had to leave a message. Needless to say, he has not returned my call. I did some research online and discovered that the business phone number is listed as the owner's private phone through the phone company, and when I searched the DMV datbase, I could not find a licence under the business name, although there was a listing for a previous dealer at the same address.
Is there any action I can or should take? I am FURIOUS at this situation, I feel I have been royally screwed!
Thanks for your time!
No license plates.
I live in WA and on Dec 24 of 2007 I purchased a used pickup in Idaho at a dealer. It's now Feb 08 of 2008 and still no plates. After numerous calls, and the typical "I'll check into and I'll call you back.", replies, they have yet to contact me back once. The day of the purchase seemed normal, except the fact they told me they were out of odometer statements and that they would send me one in the mail, which never arrived. I've contacted my local licensing service companies, but they can't license the vehicle without the title from the dealership. The dealership has sent me a second temporary plate, and said they would send me a third if I needed one. Okay, a third? Somethings not right. I'm really getting a little anxious here. I also received a past due notice on my trade in. I NEVER miss a payment on anything. After a four phone calls from ME, they finally assured me that the trade has been paid. Any suggestions on what might be going on, or how to get my vehicle licensed, or just give this truck back. I'm just tired of getting no response from them. Thanks Hal for any advice.
Incorrect Odometer
I bought a car from a private individual who told me he had the car HPI checked and everything was perfect. On the advert for the car he stated that the mileage was genuine 50000. On purchasing the car I found out the next day that the mileage was in excess of 102000. My own HPI report confirmed this. The advert also said the car was in excellent condition. I found out on driving home that the speedometer was very temperamental. What recourse do I have?
Hello i recently purchased a
Hello i recently purchased a used 06 Impala on a Friday 1/25/08 night. I am young and this was my first car purchase and i think the salesman could sense this. As soon as i got to the dealership he started showing me cars and said he could get me a deal and lower the price on one for me. This sounded nice at the time, so we got into the office and he handed me some papers to sign and said he would be right back, one was a credit app., i signed the paper and when he came back he started filling in my information. Before i could say anything he put my income as 2100 a month which is not true. He said since i was young he had to do this so that the bank would approve. He also raised my time on my job to a year which is also not true. Also, he told me that he was going to tell the bank that i put 1500+ down so i could get approved. I told him i could put 600 down and that i would bring it in the morning 1/26/08. He also said that he would need my proof of income, and proof of residence and told me he knew a person that could make check stubs to reflect a 2100 income. He asked did i have a check that he could hold for me that night and i said NO thank god i dont write checks. So he said he would tell his manager that i put the 600 down that night so i could take the car home. I signed all of the papers and took the car. The next morning 1/26/08, i called the dealership and asked could i bring the car back because i had a bad feeling about the whole deal. I made up a lie about my mom having a better credit score and that we wanted everything to be in her name. I spoke to the salesman that morning and he said that nothing was final until they received my proof of income for the bank Capital One. In my head i was thinking, if i dont bring my proof of income, the bank will deny the loan and i can bring the car back. When i got to the dealership i spoke with the finance manager and told him the story about my mom and could he cancel everything we had done the night before. I told him that the salesman said that the deal wasnt done until my Proof of income was received and he said " So you're going to commit a federal offense by not bringing your proof of income?" I said no but this is what your salesman told me. (keep in mind the salesman told the finance manager i had already put my money down and that he had all of this information) The finance manager told me there was nothing he could do and that the deal was done because he had submitted my information to Capital One already that morning 1/26/08, which i think is a lie. He said the car was mine. I left the car at the dealership that day but after thinking i came and picked the car back up that night 1/26/08. After i told them the story about my mom wanting EVERYTHING in her name and to take mine off they said they would only do so if they could get her information over the phone. I told them that she would be in town on MONDAY 1/28/08 which is untrue, so i could hopefully find a way out of this deal because Something has to be illegal. When i signed the papers i did not receive a copy of the contract or title or anything but a buyers guide warranty paper, an odometer disclosure statement which is also incorrect but ill get to that in a min., and a WE OWE service appt. paper. The odometer statement read 33606 on 1/25/08. When i came back to get the car on 1/26/08 it said 35115. I took a picture of this for evidence. I live about 5 miles away from the dealership and the car was at the dealership from Sat 1/26/08 morning until that night around 8 pm, so how is it possible that 1,509 miles could have been added between that time. Even though the salesman told me that the deal was already final, AFTER telling me that he would need my proof of income for it to be final, he is still calling me for this information. I also forgot to add that since the salesman told the finance manager i had already paid the down payment of 600, the finance manager was looking for the payment and since i had not paid the money yet the salesman told me that it is going to be taken out of his check because he lied and said i had already paid it. He said he would be fired if they didnt take it out of his check. I am not giving any MONEY, PROOF OF INCOME, OR PROOF OF RESIDENCE because i do not want the car. It is bad timing and i feel like i have been taken advantage of and would like to do more research before just going out and buying a car. ANY HELP IS APPRECIATED IN THIS MATTER.
You need to file a consumer
You need to file a consumer complaint with Department of Motor Vehicles Investigations Section. The dealer needs offer you a 2 day contract cancellation option, and provide a copy of either that or decline of the option. He needs to give you a a copy of your credit score, and if he added anything to the contract or vehicle, he needed to give you a copy of the optional products and services disclosures. It is a misdemeanor not to provide this information to you, it is in section 11713.19, 11713.20 etc of the vehicle code. If the contract for credit is not in your handwriting please advise this material fact to the DMV Investigators, this is possibly fraud on the part of the salesperson, he put in the false facts and figures on your contract
Hope this helps you have one year statute of limitations with DMV to pursue your complaint. You may also check with filing against the bond company, District Attorney Office Consumer Protection Unit
Down Payment
Hi I bought a car from a dealership. Recently it has been giving out and not starting. I have had a series of problems with the car and decided i want to give it back and get my down payment back. I have only had it for2 weeks. Can I still get my down payment back?
no right to return a car
There is no general right to reurn a car or any vehicle. I am missing the facts needed to see if you have any legal rights, i would start by checking the cars history and having a complete inspection as to its condition. To give any advise I need age and milage when bought, whether it was certified sold with a warranty or as-is and the number and nature of the repairs. hal
Down Payment
Hi I bought a car from a dealership. Recently it has been giving out and not starting. I have had a series of problems with the car and decided i want to give it back and get my down payment back. I have only had it for2 weeks. Can I still get my down payment back?
Down Payment
Hi I bought a car from a dealership. Recently it has been giving out and not starting. I have had a series of problems with the car and decided i want to give it back and get my down payment back. I have only had it for2 weeks. Can I still get my down payment back?
Dealer renigs on deal
I saw you had answered many questions about the law and car dealers. I was wondering if you could answer my question below?
I was on ebay and saw a truck forsale. I called the party to find out it was at our local car dealer (Fred Beans Chevrolet in Doylestown, Pennsylvania). I told the sales representastive I would be up in a day to look at the car. He explained to me he would hold the car till I made it up to the dealership.The next day I went to see the car around 7:00pm. I looked at the car and it looked nice. My friend and I negotiated the price and asked the dealer if I could take the car and have it checked out by a local ford dealer. I also left a $500.00 deposit which they were suppose to charge to my credit card. The sales representative had taken the numbers on a piece of paper as I drove away. Our agreement was all verbal and he took my information so I could drive the car to my local Ford Dealer.
The agreement was if the car passed the condition the dealer stated I would be back the next day with cash for the car. We negotiated the price as stated before. I also told them where I was taking the car. The next next day I took the car to local ford dealer to have it checked out. I dropped the truck off around 7:30am. I called the ford dealer back to get the report and they told me that fred beans, the card dealer that owned the car was coming to get it. I called the sales representative I made the deal with and he said I am sorry but we sold it to a man off ebay. He said ebay told them they had to sell the car to someone that clicked the buy it now pricing. I tried to resolve the issue ammicallbly with the dealer and he said tough.
I asked them to provide another vehicle with similar specs and year and we could still make this work. They said sorry they had the right to do what they wanted. They also asked me to spend more money for an older truck. I would like to bring them to small claims court and ask for the difference that it will cost me to get the same kind of truck with the same equipment. Do I have a case as they made a deal with me and I left a deposit so they would not sell the truck on me. They said well we did not run the credit card and paid the local ford dealer for looking at the truck.
I feel we had a contract and the fred beans says tough. I belive since I am a consumer it was easier for them to sell it to the ebay guy than fight ebay. Do I have a case?
Please let me know.
Regards,
Michael Dolnick
no deal
In CA there is no binding deal untill a contract is signed and the car taken, even then there is ten days to get financing. I dont like what they did but asyou could still back out so could the dealer in my opinion. hal
They want me to return the car
I purchased a car and was told i had been approved on July 1, 2008. I had informed them at the time that I was currently in an open Chapt 13 and had to get an approval letter from the trustee. (im in NJ). They said ok no problem we got an approval for you. They took my old clunker as a trade in and let me drive off the lot. Well its now 7/17 and I was just informed that they cannot get any of their financing companies to approve a loan if my name is on it. They said someone else would have to buy it from me. None of this seems reasonable. I was up front with them from the beginning but now i am told i have to bring back the car. Do i have any recourse? Obviously they never processed the registration and title so I dont know what to do.
need advice
I brought a car 7 months ago from a dealership. I had the car checked and everything but am now having 2 major problems. when I brought the car it listed that it had an alarm system in it as one of the upgrades/ options. I have now found out the alarm was never installed correctly and was wired wrong. This issue has caused alot of the expensive sensors/ computer modules in the car to have blown recenltly. The dealer doesnt want to pay to fix it as it past 30 days but this problem has been caused by faulty installation. They also have been having problems getting the title transferred to me so I can get the tags/registration for the car. Is it even legal for the dealership to have sold me the car if the title wasnt cleared and ready for them to transfer it to me
warranty of title
Every sales comes with a warranty that the seller can deliver title which has not been done here. There is also an implied warrranty that the car will work. If the electrical problems started in the first thirty days your case is even better. Without title I would demand a complete refund and if need be report them to the DMV and crimminal authorities. Dealers have gone to jail for selling cars without itles. hal
Purchased Used 2001 VW Passat
Going back to the electrical probelms. I purchased a used 2001 vw passat approx. 75000 from a dealership. It came with Arizona State Implied Warranties. I noticed after about a week both halfshafts were bad and the boots were bad. So i took it and the dealership stated they replaced them. It has been 11,000 miles and 8 months later and they are bad again. The vehicle is not drivable. I took the car back to the dealership and they said those were not under warranty because they did not replace them they just put new cv boots on them. So I asked the service guy at the counter and he said because I was in housed financed the car comes needinh repairs and that was my responsibility to repair it. So acccording to him they knownly sold me a car that needed these repairs. But they will not repair it now. Can I do anything?
Private Party Auto Purchase
My cousin went out and purchased a car for it today, he paid cash for the car and was then told that the brake fluid was just a little low and there was a bottle in the trunk and to just pour it in (Why didn't he just run then?!?!) But he did do this and drove the hour home, before reaching home the brakes on the car went out completely and after coasting to a stop it was discovered that there is a large hole in the brake line. The seller obviously knew this but did not disclose it. Is there any recourse that we could take??
privat party woes
These cases are difficulr as even if you win you must then try and collect. I would have the car inspected. Then you can sue for the cost of the brake repair or to return the car depending onthe report. Most attorneys wont take private sale cases. hal
Down Payment Scam
I inquired about a 99 isuzu trooper, salesman wanted to run credit app. i let him know i wanted to put 1,000 down, he faxed me app, and the next day he stated that the down payment was needed. i used my credit card for the transaction, but before the transaction i asked him "if the down payment didn't go thru how would i get my money back?", he stated "o we'd just simply credit your account back" so upon my better judgement i gave him the needed info. Something was pulling me from making this decision but my lust for the vehicle made me do it, hahaha, but whats not a laughing matter is the fact that when the loan app didn't go thru because of the vehicles mileage, i asked for my down payment back and the salesman began to play the merry go round with reasons as to why it wasn't credited back to my account. i have taped our conversations because i knew something was gonna transpire, i got there intentions on tape, lol so they adknowledge that they do owe me back the money. but do i need to file a police report, i work at a lawfirm and have one ready to go monday morning. what other steps would you suggest i take other than going up there, because going up there may not put me in a good light. thank you for your listening ear.
downpayment
A number of older letters just showed up nad I dont know why. I will still provide responses for general info. I would put mu complaint in writing to the general manager letting him know he has five business days to return the money. At the same time I would file a complaint with he DMV. If no money after 5 days file criminal charges. Also protest the charge to your credit card company and ask for the charges to be recersed. hal
used car misrepresented as a year newer
After purchasing a used vehicle that was supposed to be a '06, found out when getting the vehicle licensed, that the vehicle was a '05.
The dealer says, "Too bad, you got a good deal either way." Is there anything that can be done?
Thanks for any help and advice!
wrong year
You can cancel the sale or sue for the difference in value between the years. hal
I just purchased a new car
I work for toyota and we get really good deals on our vehicals. I went to order my car and told the man that my credit was not good, but i was told that me working for toyota they financed everyone. Well my car came in they called me and told me to come and pick it up. When i got there i didn't want to drive the car until i was sure i was approved. So we sat down did paper work and because i worked for toyota im the vendor the approved me. We did all the paper work i signed everything took the car home. Now 7 days later i get a call saying i was not approved, but yet everything is done just like ive always done when i purchased a car. Now they want me to come back in and either give them the car or ive got to have a co-signer. The night i took the car they told me i was approved ive done all the finance paper work i just don't know what to do cause to me its a done deal. What do i do.
Thank you...
dealer dishonesty
I leased a BMW x3 in January of this year, and have yet to receive the license plates. Calls to the dealer result in;"We will look into it" comments.
a call to the DMV has made me think something funny is going on perhaps the car was used or an "unwind" vehicle. The car had 117 miles on it per my paperwork thought purported to be new. What is my recourse.
Sincerely,
Scott Sackin
714-374-3535
Selling used truck
I recently put my used truck for sale on cars.com. I received an offer for the asking price. I disclosed to the buyer that my truck was in an accident and expected that they would want to negotiate on the price. However, they wrote me back and claimed that the condition of my truck was "acceptable" to their "client" and that they were going to overpay me by $7,000 because their client had given them a cashier's check for $21000, and my truck was only $14000. Of course I was then supposed to write them a check giving them the $7,000 back after the transaction. This appears to be a scam, and I am considering contacting the local authorities. Do you have any warnings about these types of scams?
co-signer
we had purchased a new vehicle with my mother in law as a cosigner, and our car as a trade in that is paid off and a deffered downpayment of 1000.00 dollars. We had let them know that my husband and I didn't have the best credit but they said no problem when they ran my mother in laws credit they said my mother in law and my husband can get the vehicle together. Mind you my mother in law doesn't work or have a drivers license she has a CA I.D. card they said agsin "no problem". So we took the car home this was on the 17th of the month on the 27th of the month so 11 days later we received a call from the salesman asking us if any one has tried to contact us my husband said "no why" the salesman said "because your mom doesn't have a CA drivers license you have to bring the car back or find a new co-signer. So I then called the fianace lady we delt with and asked her what was going on since they knew all this before we had even took the car home and that on there contract in the back where it says seller rights it says that they have 10 days to notify and that we were told everything was fine at the time of the deal she began saying it wasn't my mother in law it was my husbands credit and that my mother in law could get the car on her own because she has the credit for it. Was this legal of the dealeship and what does a co-signer need to co-sign for a vehicle because we keep getting told different things?
Car Sale Without Seeing The Car - Can I Get Out Of It?
I made a very impulsive purchase--a car that I had not seen that could supposedly be obtained from another dealer. I put a large down payment on the vehicle and signed paperwork to finance the balance.
I have not seen a window sticker on the car. The dealer marked it up considerably over sticker without showing another sticker.
I have not taken delivery of the car, and do not want the car - it is not a color I will be happy with.
Is it too late to get out of this deal? (Washington state...if that has a bearing on this.)
Dealership Cannot Fulfill Sales Contract
I bought a new 2007 Jeep Wrangler 2 months ago. The dealership told me they can install power locks and windows for $1,400.
I agreed and the dealership added this to the total price of car(not itemized on contract) and put the specifics on a due bill.
I received a call telling me they cannot fulfill this because of the type of Jeep I have and mechanical restraints. This was confirmed by many mechanics as well.
The dealership offered the 1,400 back but I would prefer giving the vehicle back.
Is the dealership obligated to rescind the contract?
I am a CA resident.
The dealership said they would buy the contract back but wanted me to sign a backdated agreement, and blank payoff authorization. (Somethings Fishy...) They said they could "shove this vehicle down my throat if we wanted to..."
Please Help!
D
no locks
I have a number of cases like yours-where the dealer promises something then cant deliver and then just offers the money back. Without going into a law school lesson the issue is "partial breach" vs "total Breach". One gets you money back the other out of the contract. The issue is does the breach i.e. what they did wrong got to the heart of the contract or is it a side issue. In English it comes down to if you would have bought the car or not without the add-ons. As a second issue they violated a number of laws by not itemizing the after market products. These are new regulations part of the recent car buyers bill of rights and the issue again is what do you get. If the extra products were a deal breaker I think we can get you out. I would need to be faxed the contract and the due bill and hear from you in respose to the issues-such as how important were these items. Hal
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Can you send fax number to shellhorn5 [at] msn [dot] com?
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1-858-348-1150 all my info is on my webpage click on my name or type in autofraudlegalcenter.com
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