[hellinnj]

In anticipation of my HC eventually being built, the dealer I ordered from really wasn't too interested in making a good deal on the trade portion. So I was looking at other options, such as vroom/carmax....

I did this KBB instant offer thing, and an established dealer came in initially way higher than the trade, stating "that's just the starting point, once we see it can most likely give more". I figured local, established, branded dealership, might be better off than vroom (wasn't really getting good feeling with vroom dragging their feet for 2 weeks to get contracts together). So I went. They agreed to Vrooms price. Deal made. I had about 50% in equity (one year old scat pack). They called into the bank and contractually agreed on the sale to a 10 day payoff. This was June 30th.

Fast forward to July 30th. I do have my portion of the equity, but they still haven't paid off the loan. I need this gone, so when (if) my HC comes, I'll be free and clear on the loan.
Dealership has stopped returning voice messages. Bank has even tried to call unsuccessfully just getting thrown around to different folks in finance, and eventually thrown into the general voice mail. I've emailed the GM, left voicemails for the GM, and no response.

I am resolved that this ends today (so much so that I actually woke up early and ran 3 miles, I never run 3 miles any more).

What options do I have (I know some of you on this board work at dealerships, would appreciate that insight).

Option 1: This morning I go there, sit in my car that they have for sale in their showroom until I see check for bank for the full amount and then some with 31 days of interest, copy for my records, put into a fedex envelope, that I personally take to fedex.

Option 2: (possibly in conjunction with option 1). Go to my local gun store (been thinking of buying something new), that is in the same town as this dealership. They are all local law enforcement or retired. See if they can have squad car go with me and just sit in the parking lot as I execute option 1. This is now costing me as I'll probably walk out of LGS with a new $1000 rifle, but price worth it. (this is NJ, me carrying concealed not an option)

Option 3: Hire an attorney - really did not want to go this route, would have been better off trading it in.

Option 4: Since they are in breach of contract - get the car back, with the deal cancelled, and do the vroom thing or just trade it in.

Post option options: file a complaint with consumer affairs (this is happening regardless). Tip off taxman they are not accurately paying inventory.

What a tangled web of life I weave at times...

 

[covidcommander]

Idk if I wanted the new one I'd hire a lawyer

but I would also seriously consider getting the trade back and going to another dealer. Not like they're the only ones....

 

[Dennis H]

Dealer name?

 

[Slowpoke387]

So it seems to me that no one had physically gone there yet. You need to go there and deal with it in person. Lawyers and police and guns are way too much at this stage. Go there with a check for your equity made out to them and tell them either it gets done now or here’s your check back and im taking my car.
Watch how fast they take care of it.

 

[hellinnj]

So it seems to me that no one had physically gone there yet. You need to go there and deal with it in person. Lawyers and police and guns are way too much at this stage. Go there with a check for your equity made out to them and tell them either it gets done now or here’s your check back and im taking my car.
Watch how fast they take care of it.

Yup, that's my plan once I finish up work this morning. Have all my documents in hand ready to go. Either that check to the bank gets cut while I'm there, or they move it out of the showroom, get their check back, sign off on the revocation of power of attorney for the title, and off I go.

 

[baabootoo]

Hire an attorney since they will get some thing done quickly.

 

[hellinnj]

Really want to avoid hiring attorney. Only reason I sold to another dealer was it did have a few grand financially in my benefit over trading and saving sales tax). Will be my last resort.

 

[Rockster]

Would not hire an attorney just yet. I'd certainly consider speaking with one and detailing what has gone down so far and get his advice on how to proceed.

I'd also arrange to speak to someone at your county's consumer fraud department about the dealer's behavior.

I think at this stage what you would want is to just "unroll" the deal and walk away from this dealer.

But listen to the attorney and the consumer fraud people.

 

[Dennis H]

Us owners need the name of this idiot so we can avoid him/her.

 

[hellinnj]

As of now seems like it may have worked out. Went there again, and waited to speak to the GM. The used car manager came out to help. Really didn't feel like dealing with him again.

He swore it was sent out. Looking through records, nothing.

They cut a check to the bank, created a ups label, gave me copies of all. Now I just need to keep an eye on it. Sent for overnight saturday delivery.

I can't list the dealer. It was part of a larger network, and not directly tied with dodge, but another manufacturer.

 

[HemiMetal]

Option 3: Hire an attorney - really did not want to go this route, would have been better off trading it in.

This would be my move, but I have legal services (ARAG) through my employer. Sometimes all it takes is a form letter from an attorney to put gears in motion.

 

[Slowpoke387]

Attorneys? Already? Man people are quick to run and tell mom lol. Sometimes things take time and other times there are just simple oversights. I am really amazed that people would have lawyers on this so early on.

 

[Dennis H]

As of now seems like it may have worked out. Went there again, and waited to speak to the GM. The used car manager came out to help. Really didn't feel like dealing with him again.

He swore it was sent out. Looking through records, nothing.

They cut a check to the bank, created a ups label, gave me copies of all. Now I just need to keep an eye on it. Sent for overnight saturday delivery.

I can't list the dealer. It was part of a larger network, and not directly tied with dodge, but another manufacturer.

Then we learned nothing. I bought from Autonation multi brand in Roseville, California. I don’t recommend them. Should be a forum rule that if a dealer jerks you around enough to complain here, the name is required.

 

[White Trash]

Hire a Black Female Attorney
Trust me

 

[hellinnj]

Then we learned nothing. I bought from Autonation multi brand in Roseville, California. I don’t recommend them. Should be a forum rule that if a dealer jerks you around enough to complain here, the name is required.

Trust me, this forum isn't buying anything from this brand...

And maybe it was truly lost in the shuffle. In the end they did make it right. Covered all the interest through 10 days from today. But bank should have it tomorrow. Was just looking for some other opinions on 30 days since the transaction, and no movement on payment to bank.

But, I did talk to an attorney. His whole thing was demand letter, then lawsuit. I didn't want to hire an attorney, because that would have started to eat up profits, and I can be enough of a pestering a-hole sometimes, that an attorney isn't necessary. I did ask, if I did a revocation of power of attorney, then pay it off, get title, am I protected. He said yes. That would have been fun too....

 

[2ndAmend]

Deleted

 

[2ndAmend]

What does the contract say? I assume you read it and found it all agreeable? What is in writing is all that matters.

 

[Slowpoke387]

1. Delete everything in any post related to guns or violence, unless you want to give them cause to get a restraining order.

2. Dealers are licensed with the state, contact the dealer licensing division.

3. I don't think they can sell the car with a lien. Call the state and ask.

4. Ask the lienholder for suggestions.

Does the dealer have the title and does the title state that there is a lien on it?

My guess: The dealer does not want to pay off the loan until it is sold.

Keep track of any expenses/payments related to the lien, organize all documentation, and after this is all over, file a complaint against the dealer in small claims court. When you win, they reimburse court fees, but you will not be compensated for the day off work.

I am not an atty but I play one on the internet!

Obviously the dealer does not have the title yet, but if they did that would mean it was paid off and title will be sent directly to the dealer. No one is doing anything illegal. Car is on display and up for sale. When the title is delivered by the lien holder they can certainly sell it. There’s zero illegal about showing it and lining up a possible deal until then. This is very routine in the car business. People who dont understand it always needlessly freak out and jump to conclusions.
OP has already stated that the dealer made good already anyway.

 

[snobrdrdan]

sit in my car that they have for sale in their showroom

Are you sure this wasn't just "accidentally" mishandled?

It seems odd that they would've had the car "for sale in their showroom" without a title to the car. Meaning they couldn't do ANYTHING with the car except have it as eye candy due to that

Either way...glad it got handled

 

[Slowpoke387]

It seems odd that they would've had the car "for sale in their showroom" without a title to the car.

Why wouldnt they have it for sale? They knew the title was on it’s way. They just couldn't register the car before it arrived and wont get paid until then either. Can they actually finalize a sale and try to register it without the title? Nope. Can they make a deal before it arrives? Absolutely, they just won’t get paid yet. This is normal.
Just as an FYI, many if not most dealers floorplan some or all their inventory. This means the floorplan company holds the title hostage until they get their money from the dealer. This means there is no title in house and many here who have purchased used cars from dealers have bought them with no titles at the dealership initially.