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Bought a car this weekend and dealer wants it back.

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Posts: 51

DannySchayes

Captain

Joined: Jul, 2009

Posts: 7560

Posted: Nov. 6, 2012 - 7:57 PM ET #26

Only way to know is to read the contract you signed.
It may very well state that in the initial 7-10 days they reserve the right to reverse the deal. This has happened many times before when someone offers the dealership more money (usually on a new/hot car) so they try to reverse the deal.

Every state/contract is different. Make sure you read it and know what you're dealing with when you go in.. They will lie through their teeth when you go in person..YOU have to know what YOU signed.. NOT what THEY tell you.

Colts03

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Joined: Sep, 2010

Posts: 13377

Posted: Nov. 6, 2012 - 8:04 PM ET #27

hope it works out for you jimmag

SteelCash

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Joined: Oct, 2006

Posts: 5605

Posted: Nov. 6, 2012 - 10:23 PM ET #28

I'll never go to a dealership again and made that decision a long time ago. I'll buy at an auction, from a private owner, or from a friend/relative before I give a dealership business. I've just always hated the experience. When I buy from a private owner they often just want to get out of it and aren't looking to rip someone off, or make ANY money on the deal. I feel that I'm a good judge of character too so that helps. Ninety percent of the time he's just a cool dude wanting to upgrade, needs the money due to job loss, etc.

Crashdavis565

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Joined: Dec, 2007

Posts: 15772

Posted: Nov. 6, 2012 - 10:24 PM ET #29

Quote Originally Posted by SteelCash:

I'll never go to a dealership again and made that decision a long time ago. I'll buy at an auction, from a private owner, or from a friend/relative before I give a dealership business. I've just always hated the experience. When I buy from a private owner they often just want to get out of it and aren't looking to rip someone off, or make ANY money on the deal. I feel that I'm a good judge of character too so that helps. Ninety percent of the time he's just a cool dude wanting to upgrade, needs the money due to job loss, etc.

shit by the time you take out the 2-4k the dealership pockets on each end, it is a no brainer.

SteelCash

Captain

Joined: Oct, 2006

Posts: 5605

Posted: Nov. 6, 2012 - 10:27 PM ET #30

That said dude... keep us updated (handshake).

Peace.

gold6185

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Joined: Oct, 2008

Posts: 1168

Posted: Nov. 6, 2012 - 11:00 PM ET #31

Quote Originally Posted by Jimmag:

I cannot get in contact with anyone I made the original transaction with. I will be going in tomrrow to see the general manager.

Fuck going in & talking with any general manager. Call & set up a meet with your lawyer & explain to him the situation & show him your dealership papers & get the absolute correct advice of what to do. Your lawyer can deal with the general manager. With your lawyer dealing with the situation-I bet the car winds up being yours.

Jimmag

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Joined: Dec, 2007

Posts: 7516

Posted: Nov. 7, 2012 - 12:53 PM ET #32

I never made it in to the dealer yesterday. I had a conversation with a different salesman and got no answers about the situation so he gave me the GM's name.

I found out this morning the the credit card transaction I made on Monday got reversed without my consent. They still have half down payment in cash I gave them Sunday.

I do not have a lawyer and went online for advise. Both lawyers sided with me. One said the dealer needs to compensate the other party that the deal did not go through. The other lawyer said if they sold a car they do not have a title it is a state violation. He also said to have no futher contact except by writing.

I will lay low and see what happens for now.

KQC

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Posts: 3852

Posted: Nov. 7, 2012 - 1:11 PM ET #33

Which Nissan dealership is this? So other covers members from CA don't do business here in the future

Jimmag

Captain

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Posts: 7516

Posted: Nov. 7, 2012 - 1:44 PM ET #34

GM from the dealership left me a voice mail and said the car I bought does not have a cleared title and there is a state lean on it. The other party owes a lot of money to the state blah blah blah.

Sonds like a bunch of horse shit to me.

seakev1

Rookie

Joined: Nov, 2003

Posts: 726

Posted: Nov. 8, 2012 - 5:12 PM ET #35

First of all, don't listen to a god damn thing any GM has to say. They are professional liars. Period.

Question. How did you register with the DMV in your name without a clean title. In Massachusetts you know right away if the title is clean or not. Our RMV won't let you out the door without a clean title......Something is missing. If the state says its clean, and you registered it in your name, fuck them..You win. Don't deal with the dealership, Ask the DMV what is going on..Keep us posted. PS Watch out for the Repo Man, that scumbag dealership may send a goon out to pick up the car If they think they own it.

TheGoldenGoose

Legend

Joined: Jan, 2003

Posts: 32362

Posted: Nov. 8, 2012 - 5:45 PM ET #36

Quote Originally Posted by seakev1:

First of all, don't listen to a god damn thing any GM has to say. They are professional liars. Period.

PS Watch out for the Repo Man, that scumbag dealership may send a goon out to pick up the car If they think they own it.

That's exactly what's going to happen next.

~~~~~ZOSO~~~~~

Everest17

Rookie

Joined: Jul, 2012

Posts: 982

Posted: Nov. 8, 2012 - 6:06 PM ET #37

Very interesting, I had similar cases in school.

By law, once you sign a contract that is in good faith, it's yours. The deal falling through with the other guy has nothing to do with you and is not your fault. If anything, there's a possibility that if the dealership wants to serve you, you can countersue them for damages. If anything, you tell them no and that by law the car is yours. Then they will deal with the other guy.

seakev1

Rookie

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Posts: 726

Posted: Nov. 10, 2012 - 8:37 AM ET #38

I've been thinking about this scenerio for two days now....something does'nt seem right.

Jim, walked into the dealer on Saturday and put a downpayment on the car. Came back Sunday with the rest of the money, and drove off the lot with it. At that point he would have had the title in hand..Would'nt he?

Title of the car would have been necessary to insure the car and Jim said he had the car insured......I don't get it. Also....the time frame seems to quick...Jim spent "hours" at the dealership on Saturday, did he also contact his insurance company to insure the car before he drove off the lot on Sunday?

Fill in the blanks Jimmag if you want us to help you.....

MrTuttle05

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Joined: Sep, 2010

Posts: 604

Posted: Nov. 10, 2012 - 10:07 AM ET #39

Quote Originally Posted by seakev1:

I've been thinking about this scenerio for two days now....something does'nt seem right.

Fill in the blanks Jimmag if you want us to help you.....

Most auto insurance is going to transfer over to "newly acquired autos" automatically - it is just the duty of the insured to report the purchase within 14 days or so. Nothing "fishy" about him having the vehicle insured @ all.

There is also forced insurance that is placed on newly purchased vehicles if the buyer doesn't have insurance already - just another option that could have happened.

seakev1

Rookie

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Posts: 726

Posted: Nov. 10, 2012 - 3:55 PM ET #40

I guess all states are different. In MA, I could'nt drive the car off the lot if it were'nt insured and tagged in my name.

bill702

Veteran

Joined: Jan, 2009

Posts: 2235

Posted: Nov. 10, 2012 - 5:56 PM ET #41

It's insured through your current insurance. You call them up they put it on and everything is all good. The title he wouldn't have in his hand anyways because he financed it. So the bank would have the title until it is paid off. The dealer gives you temp tags and you just need the bill of sale to register it.

depeche2

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Joined: Feb, 2002

Posts: 67006

Posted: Nov. 11, 2012 - 7:17 PM ET #42

Your a BFP (bona fide purchaser). If you signed a contract (and of course you have possession), what are they going to do? Tell them to get a court order if they want it back.

The other seller may have a suit against the dealer but not against you as a BFP.....IMHO.

jay10

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Posts: 15689

Posted: Nov. 11, 2012 - 10:47 PM ET #43

Quote Originally Posted by depeche2:

Your a BFP (bona fide purchaser). If you signed a contract (and of course you have possession), what are they going to do? Tell them to get a court order if they want it back.

The other seller may have a suit against the dealer but not against you as a BFP.....IMHO.

,,He won't be able to get the title or register his vehicle. Take it back or be liable for it later on. Those dealers are covered.

bill702

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Posts: 2235

Posted: Nov. 12, 2012 - 11:59 AM ET #44

What bank did you get financed through? Let them deal with everything. They aren't going to give the dealership any money without getting the title.

seakev1

Rookie

Joined: Nov, 2003

Posts: 726

Posted: Nov. 14, 2012 - 7:38 PM ET #45

bill..he did'nt finance it.....it only cost him 5,000......Thats why title has to be around...but it isnt.....this is why the dealer wants it back....I'm sure jimmy never went to the regstry and more than likely we won't hear from him again. Notice he hasnt been around for a week....

Jay...you are correct sir..

I think Jimmy is driving around in property that isnt his.....

bill702

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Posts: 2235

Posted: Nov. 14, 2012 - 9:34 PM ET #46

Quote Originally Posted by seakev1:

Jay...you are correct sir..

I think Jimmy is driving around in property that isnt his.....

He did finance it. A brand new Camry for 5k? The 5,000 you see is miles on it. He paid half of the downpayment and went to pay the other half when he was told the deal with the other guy fell through. So he wouldn't have the title anyways the bank or finance company would.

Jimmag

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Joined: Dec, 2007

Posts: 7516

Posted: Nov. 16, 2012 - 3:55 PM ET #47

Was in the penitentiary here at Covers for a while and could not reply.

Last week I went to the Automobile Club of Southern Californina and had them do a title search on the car. There is a lien against the car. The lady at ACSC said the original owner might have taken out a loan against the car or owes the state money. There is no way I can get title on this vehicle.

I consulted a lawyer and he said we might get the dealer to pay about a thousand dollars. For that small amount, with time and trouble I said I am returning the car.

I took the car back to the dealer. They could not give me my money back fast enough. I got a rental car for 4 days at no cost. They said they would give me a great deal on something else like a new Altima. I had them give me some prices and feel like they could do better. At the end of the day I do not want Tustin Nissan to make one cent off me.

Tustin Nissan has a bunch of morons working there who cannot do the proper research when selling a car.

I am back on the streets looking for a new or lightly used verhicle.

mattbrot

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Posts: 6840

Posted: Nov. 16, 2012 - 4:50 PM ET #48

Quote Originally Posted by Jimmag:

Was in the penitentiary here at Covers for a while and could not reply.

I consulted a lawyer and he said we might get the dealer to pay about a thousand dollars. For that small amount, with time and trouble I said I am returning the car.

Tustin Nissan has a bunch of morons working there who cannot do the proper research when selling a car.

I am back on the streets looking for a new or lightly used verhicle.

if you are interested in the Altima (we have one and I love it) than it might be worth one last stab with the place. Come up with the value that you want to pay and tell them what that value is. Either they bite or they don't. If they don't than tell them that you are very unhappy with your experience and that you will be sure to relay that information to everybody that you know and then go give your money elsewhere.

Just make it clear that you are not here to negotiate. Nothing to lose but a little of your time.

USCdiehard71

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Joined: Mar, 2009

Posts: 1823

Posted: Nov. 16, 2012 - 5:57 PM ET #49

That whole Tustin Auto Mall is a rip off (sales and service). I've heard of people getting great deals at the auto dealerships in HB/Garden Grove. Drive 20-30 minutes to save some dough.