+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    creativeweb is offline Junior Member
    Join Date
    Jul 2005
    Posts
    3

    Can this dealership sue me?!

    Hi, I'm getting frustrated by this situation with a car dealership. I live in Florida by the way. 3 weeks ago I went to purchase a used car from this somewhat shady/unprofessional looking car dealership because the price seemed right. I wrote a check out for the full amount (around $6k), and we signed an agreement and everything. I was supposed to pick it up in 2 days after they're done detailing it. Well, that same day I did a carfax report on it and found out that the mileage had been rolled back. I immediately stopped payment on the check and told him I didn't want it anymore. He said fine.

    3 days later the guy tried cashing my check, because I got a phone call from the bank asking if I wanted to authorize that check (the bank didn't realize that I put a stop payment on it). I called the guy once more that the mileage was rolled back and to get rid of the check. He said fine.

    Well today, 3 weeks later (I have another car by this point), the guy calls me and claims the mileage is the original mileage and that I lied to him. I faxed him the carfax 3 times but he claims he still didn't receive it, and furthermore, he claims that I "wrote a bad check that didn't have the funds". I had the funds at the time, so I'm guessing this guy tried cashing my check again. He then claims that he's going to sue me because I supposedly didn't tell him I didn't want the car (which I did). Meanwhile, I never picked up the car or transferred titles, we just have that written agreement that we verbally cancelled that day (which he is lying and saying it wasnt cancelled). He's obviously very serious about pursuing this matter legally. So my question is: does this guy have ANY chance of suing me for anything? It seems ridiculous, but this guy is obviously going to lie and tell them that the agreement was still on. help! any comments are appreciated. thanks in advance
    Last edited by creativeweb; 07-07-2005 at 10:36 PM.
  2. #2
    pammness is offline Member
    Join Date
    Jun 2005
    Location
    Virginia Beach Va
    Posts
    106

    Post Write it...

    Put all this into a letter to him. Leave out his lying, just be specific on dates, when you bought, when you checked carfax, when you faxed, everything. Inculde copies of everything, fax receipts, prooving you faxed it to him, for each time.... all of, your cancelling check, telling him, put it all down in formal written letter to him, if you have word perfect or something similiar, they have predone forms.... Take your letter to your bank BEFORE you sign it, they usually have a notoary and will do it for free for customers.... Have it notorized, copy ALL your papers and keep it on file, wouldn't be bad to make to copies and have bank notorize both for you. One for you one for dealer. Send this to him certified.... He amy back off at that point. Good Luck and God Speed
  3. #3
    creativeweb is offline Junior Member
    Join Date
    Jul 2005
    Posts
    3
    But does he have any legal basis? Again, I never drove the car home nor took the title. My father says no, because he didn't suffer any losses what so ever. So I guess my question is: is it at all likely that a judge would re-instate the contact and force me to buy this car? My gut feeling is no, but I'm just so nervous about this whole situation. I don't want to have to go through the whole process of going to court, signing out forms, etc..
  4. #4
    pammness is offline Member
    Join Date
    Jun 2005
    Location
    Virginia Beach Va
    Posts
    106

    Post this is ....

    Why I am telling you of some steps
    Yes, he has legal basis, you signed the contract......BUT...
    You can try to avoid possibly going to court..... You need to make sure that if he DOES pursue you, you have great documentation of ALL of this. You did sign a contract... the rest is tricky after that. I know how you feel, trust me..... been there, but I now have the car. I was also able to get them to fix all the issues and get reimbursed for all I had to pay out. But, it will take some work on your part.... You can't just sit and hope he doesn't take you to court, what if he does ? It's his word against yours that you called him on anything. But it will take some work on your part. Also, for future reference, use carfax BEFORE signing a contract. The dealer will give you the vin number, if he won't, Don't walk but run as fast as you can..... You should also always spend the bucks and have it checked by a mechanic you know you can trust. This also before signing. They will allow you to take the car to YOUR mechanic, again, if not, get out of there fast.
    Also, you want to add in the letter that if he continues you will be calling the Better business Bureau and filing a report.....
    THEY DON"T WANT YOU TO DO THAT.
    Let me know how it goes..... God Speed
  5. #5
    creativeweb is offline Junior Member
    Join Date
    Jul 2005
    Posts
    3
    pamness, thanks for your advice. i followed your reccomendation. he hasn't called back yet. i have a feeling this guy is just ruthless and probably doesn't even care if i contact the better business bureau. i doubt his dealership name even registered as a business. the area where i bought the car from is pretty much the most "ghetto" area i have ever seen (in a bad part of miami). i specifically drove 45 mins to that area because prices are outrageous where i live and there are tons of dealerships on this one strip. i'm getting kind of off-topic here.. anyway, i'm hoping that since the contract said the mileage was original miles, it can be treated as a breach of contract on his end.
  6. #6
    pammness is offline Member
    Join Date
    Jun 2005
    Location
    Virginia Beach Va
    Posts
    106

    Talking Be prepared...

    If the BBB does not bother him, still do the other things, he may still have the guts to either turn this over to your credit history file or take you to court. Make sure you cover yourself in the event that either of these things happen...
    You want to show that YOU did the right thing in either event. You stand a better chance of winning if you handle it the right way.Just because he is not a good businessman, doesn't have to make you a bad consumer, it is all to save your skin..... If either event happens you WILL be asked if you notified him in writing and do you hvae the proof.... Good Luck and God Speed
    BTW, did you learn anythingby going there to save money ? I hope so.
    Even with Real dealers, always have the car checked by carfax and a mechanic you can trust! Hugz
  7. #7
    pammness is offline Member
    Join Date
    Jun 2005
    Location
    Virginia Beach Va
    Posts
    106

    Exclamation P.s.

    I'd still call the BBB and file a report**************

Similar Threads

  1. Car dealership
    By hetchie in forum Consumer Contracts, Guarantees and Warranties
    Replies: 9
    Last Post: 08-17-2011, 10:18 AM
  2. car dealership
    By devildog5811 in forum Consumer Contracts, Guarantees and Warranties
    Replies: 2
    Last Post: 07-01-2011, 10:44 AM
  3. bought gap insurance from dealership-dealership did not pay gap
    By saiph1x in forum Auto Accidents and Vehicle Claims
    Replies: 1
    Last Post: 03-15-2009, 05:49 PM
  4. Dealership Hit New Car
    By gottanewcar in forum Auto Accidents and Vehicle Claims
    Replies: 2
    Last Post: 03-29-2005, 09:07 PM
  5. Car Dealership
    By stmed911 in forum Consumer Contracts, Guarantees and Warranties
    Replies: 1
    Last Post: 01-21-2005, 06:07 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.