Last post on May 19, 2013 at 1:46 PM
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Car Buying, Car Selling
#2943 of 3219 Re: Dealer won't pay off lease [kyfdx]
Mar 17, 2012 (11:11 pm)
It seems like they travel all over picking up cars. There were several times they were in NY but I wasn't ready to give them my car yet as I was waiting on delivery of my new vehicle.
My car was excellent condition with ridiculously low mileage for a 2008.
I feel like they sent a form of payment they knew Lexus would refuse. Could that be considered grand larceny by fraud?
#2944 of 3219 Re: Dealer won't pay off lease [josera]
by kyfdx HOST
Mar 18, 2012 (6:20 am)
I'm definitely not a lawyer... but, I think my next phone call would vaguely threaten legal action...
You definitely have reason to be concerned.. You might ask for a supervisor at Lexus Finance and tell them you need some advice... I'm sure they've run into this, before..
#2945 of 3219 Can a dealership change a contract because a wrong money factor was used?
Apr 24, 2012 (11:46 am)
I leased a 2012 Jeep Wrangler 4 door unlimited from a dealership in Virginia 2 weeks ago. I get a call from the sales manager last night telling me that they used a money factor that applied to 2 door wranglers instead of the money factor that applies to 4 door wranglers. He told me (after all paperwork and contracts were signed 2 weeks ago) that my payment is going to go up and that I will be getting a call tomorrow (I have yet to receive one) with just how much it will go up. Is this allowed? Can they force me into paying $50 or $100 more a month on a lease compared to the payment that was agreed upon at delivery? They had 3-4 people, including finance, look at this deal and now they are coming back and saying they goofed and it's going to cost me. That isn't fair! They should eat the costs as the dealership, right? Do I have any legal recourse here if they say, you cant keep your 4 door wrangler unless you pay the new monthly payment?
#2946 of 3219 Re: Can a dealership change a contract because a wrong money factor was used? [jeepmike2]
Apr 24, 2012 (12:47 pm)
Is this allowed? yes.
Can they force you to pay more? no.
Should they eat the costs? They don't have to.
Do you have legal recourse? no.
If what they are saying is true, they can't get the bank to go through with the deal using the current contract. That means they either need you to sign a new one OR they need to take the car back and "unwind the deal."
Frankly, you are in the driver's seat. They don't WANT the car back because you've put miles on it and it will be tough for them to sell again without discounting it.
Just keep threatening to return the car and not sign a new deal until they come up with a new contract that you are satisfied with. If that mean they have to reduce the purchase price to meet your monthly payment demand, then so be it. That is their problem. Be firm, but NICE. There is no need to get mad or snippy with them. It very well could be an honest mistake, but like I said, you are in command because they need your signature. Just work calmly with them to reach a solution. If you need to give the vehicle back, then just go ahead and do it. You got a free ride for a few weeks out of it, which isn't the worst thing in the world.
#2947 of 3219 Re: Can a dealership change a contract because a wrong money factor was used? [jeepmike2]
Apr 24, 2012 (1:57 pm)
I have been through almost exactly the same thing, also in Virginia. In 1998 I leased a GMC Yukon. The dealer did something wrong with the paperwork. 2-3 weeks later I got a call saying I needed to come in and sign new papers, and the payment would be higher (or fewer miles per year, they gave me a choice). I refused. I didn't want the vehicle at the higher payment or reduced miles. I offered to bring the Yukon back. Eventually the dealer worked it out with GMAC - they told me they had to put more money into the deal. They were very unhappy with me, but I had negotiated for the price and annual miles I wanted. They wrote the lease, not me.
Did you have a trade in? That could complicate things for you, if you try to unwind the deal.
I'm not a lawyer and I don't work at a dealership but I feel your pain. You don't have to accept the new contract, but if you don't you might not get to keep the Jeep. Good luck! I do know a good consumer lawyer in Richmond, if you decide you need one.
#2948 of 3219 Spare tire switching
Apr 27, 2012 (9:42 pm)
I purchased a CPO Audi a a few months ago. I recently had a flat and mounted the spare. Then I saw that the spare didn't match the OEM Pirelli's but was a new "Achilles" tire. I couldn't even find Achilles on the NHTSA database. I mentioned the tire to a service writer at the dealership who told me Achilles was a cheap tire they bought and it was OK as a spare, even though it was a directional tire which should only be used in one side of the car.
Is switching spares like this common in the industry? Do I have a beef? Should I be concerned that the dealership will be cutting corners by using no-name "Achilles" filters, oil, spare parts, etc?
#2949 of 3219 Re: Spare tire switching [kevinc5]
Apr 28, 2012 (6:11 am)
you got a full size spare? These days, that in itself is a miracle.
anyway, the brand doesn't really matter (since it should be on for only a short time), but I would be concerned about having a unidirectional spare. Not sure what that would do running "backwards" on one side of the car. A spare needs to be non-directional.
#2950 of 3219 Dealer made huge finance/contract error. Help!
May 20, 2012 (9:58 pm)
I need help and I am unsure what to do and how to proceed with the following issue. I purchase a Jeep 6 weeks ago in California and had financing through my personal bank. Went in to buy the car and as it was a Sunday I couldn't get a bank draft from my bank that day. I gave the dealer my down payment and signed an option contract, but told them I would be back in a day or two with full payment. I came back a few later with the bank draft and a second personal check in order to my the bank draft an even number. At this point the dealer had FULL payment for my vehicle. The dealer said the contract was full satisfied. Although, despite my asking several times didn't give me paperwork backing this up...not sure what I was suppose to receive?
I found out several weeks later that the dealer never cashed my bank draft (they only cashed down payment check) and that they filed for a loan with Ally bank-their lender that I was not aware of until I got a phone call for Ally saying my payment was late. I am working to Flat Cancel the loan with Ally, but I have two options moving forward and I need help to find out what I need to do in both cases and how to protect myself. One big issue is that the registration and title erroneously list Ally as the lienholder. I have the registration in hand but NOT the title yet.
Option 1: Keep the car but the dealer is telling me I have to sign a new contract as the numbers on my current contract don't match the bank draft due to the 2nd personal check I gave. Bank needs numbers to match for dealer to cash check. I am worried about signing a new contract. How will I be sure that the old one is voided and the new one is correct. Also, not sure what I need to do to correct the title and registration. Again, still waiting on the title.
Option 2: They will let me return the car and get my full down payment back. How do I ensure that the contract is fully voided and I am released from all responsibly on the vehicle. Again, what do I do about the title and registration.
Any advise would be greatly appreciated.
#2951 of 3219 Re: Dealer made huge finance/contract error. Help! [abgcdm]
May 22, 2012 (1:52 am)
That is a bit of a messy situation. I can see it happening on accident at the dealership, although yes of course it could have been done intentionally because sometimes a dealer prefers one method of financing vs the other. It happened once at my work to one of my customers simply because the paperwork goes to a different office as soon as you buy the car, and when you handed me or the finance person your check a few days later, odds of that info getting communicated to the person in the 'business office' are low. Its annoying but true. A few days pass and they simply proceed with the original loan figuring you never came in to complete your side of the 'option contract'.
If this entire deal is at a franchise name brand store, even if you bought a random used car, I would really NOT worry about getting actually defrauded. If you need to sign a new contract, you're safe doing so. I've had to resign new contracts due to random errors many times with customers. A dealer wont, and cant, try to get you multiple loans on the same car or anything crazy like that. If its at a small private 'mom and pop' store, Id be a little more careful, simply in regards to checking that all the numbers and math add up.
If you do resign a contract, they sometimes use a form that explains the reason for a new contract. Its nothing official looking.
Also, you mention the title. You will not actually receive the title. One of the two banks will. So you'll have a hard time knowing. However, good news is the bank will fight to make sure they get the title. If you redo your loan with your own bank, and it finally gets cashed and done, eventually THEY will start asking where their title is.
Calling the DMV will not do much because the paperwork process on their end takes forever, sometimes as long as 90-100 days. They wont know what has been mailed or sitting in a bin waiting to be opened. Especially with how messed up this deal is, it could easily take 90 days from the time it begins being fixed.
My advice is to decide if you want the car, which if the only problem being this loan mixup, Id say you want it and keep it. If thats the case, next step just call or visit the dealership and talk to the sales manager or general manager if hes available. DO NOT GET ANGRY and out of line, because if they dont like you, odds of getting help gets reduced. Legally they are probably fine to just leave everything as is, because the option contract was legal, and it would be hard to prove that yes you really gave them a 100% fully executable draft check. It isnt their job to 'help' get your second loan funded, and if there was one one small problem, they can stick with the original loan. So just ask for help, which it seems like you have done, since they are being nice and offering to take the car back.
I think you can get this problem taken care, as its not TOO big of a problem. It sucks, but within 6 months it WILL be taken care of, with only a few phone calls to check on your part I bet.
What I would worry about WAY more, to make sure its taken care of, is getting the WRONG loan, and ANY reference to a LATE payment, TAKEN OFF YOUR CREDIT. Thats whats important! And probably the only important thing in this whole thing. Im not an expert in that but calling the actual bank that said you missed a payment and checking, and double checking that they really mean it wont be there, should be the #1 priority.
#2952 of 3219 Re: Dealer made huge finance/contract error. Help! [abgcdm]
May 22, 2012 (2:02 am)
On a side note to my response above.. You said you didnt know until Ally called you regarding a late payment.
Regardless of this dealership mixup, how were you supposed to make the payment if you HAD knowingly gone with Ally from day1? Did they not send you a payment book, welcome packet, or notice prior?