Problem with KIA car dealership and Rebate - Need Help

[Angry_Kia_buyer]

What is the name of your state? Alabama

Basis of the problem: My wife and I made a deal with the local Kia dealership to purchase a car from them, and use part of the rebate, but get the bulk of it back (1750 rebate - use my tradein and 750 of the rebate on the car)

This was on Super Bowl Sunday, and when we were given the sale slip, it listed the rebate going towards the car. We brought this up to the finance manager, and we said another slip that said they owed us $1000.00 (which they told us we would get once the bank had finalized the paperwork) - This slip that we signed was on a "We owe you" slip - where they also list that they have to clean the car, etc..

So we went ahead with the deal.

We received no paperwork copies (except for a license plate waiver) because it was sunday and had to be finalized on Monday. When we got the paperwork, we didn't look for the slip with the cash back, which turned out to be a big mistake.

After weeks of calling, and finding out about when we would get the rebate, and not getting called back, or stories of the finance guy getting fired, and office workers being sick, I had enough and went down there today.

I talked with the person who sold us the car, and he remembered that that was the only way we were buying the car, IF we were getting the $1000.00 back.

The General manager just showed me the contract where it had the full thing going to the car. I told him about the slip, and it was not anywhere to be found in the paper work. (which he wouldn't let me look through)

After talking to him for 2 hours, he finally handled me with promises of trying to "Redo the deal" with another bank on monday (since they were all closed by this time - how convenient)

My action as of now, is to go in Monday, and see what he is offering. If it's not the rebate, then I will contact the BBB with a complaint.

I would love some advice on this matter. Should we get in touch with an attorney. Threaten getting in touch with an attorney?

Also - If it matters any, we signed the contract, but the copy we have has no signature from them. Is there a loop hole there?

Is there some way for us to get money back? (My dad suggested that we record the sales person who remembered the deal saying that we were supposed to get the money back)

--- On a side note, which i will ask here, since it deals with the same instance, is that I have a website which hit a record high of 7.2 million hits this month - Would I get in any legal trouble if a basically posted this message there, letting people know what troubles I had with Kia? I would like to warn anyone, that the contract is the contract, and anything they get you to sign otherwise means squat.

I'm sorry this was so long, but thank you for taking the time to read this, it is really stressing my family out.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Alabama

Basis of the problem: My wife and I made a deal with the local Kia dealership to purchase a car from them, and use part of the rebate, but get the bulk of it back (1750 rebate - use my tradein and 750 of the rebate on the car)

This was on Super Bowl Sunday, and when we were given the sale slip, it listed the rebate going towards the car. We brought this up to the finance manager, and we said another slip that said they owed us $1000.00 (which they told us we would get once the bank had finalized the paperwork) - This slip that we signed was on a "We owe you" slip - where they also list that they have to clean the car, etc..

So we went ahead with the deal.

We received no paperwork copies (except for a license plate waiver) because it was sunday and had to be finalized on Monday. When we got the paperwork, we didn't look for the slip with the cash back, which turned out to be a big mistake.

After weeks of calling, and finding out about when we would get the rebate, and not getting called back, or stories of the finance guy getting fired, and office workers being sick, I had enough and went down there today.

I talked with the person who sold us the car, and he remembered that that was the only way we were buying the car, IF we were getting the $1000.00 back.

The General manager just showed me the contract where it had the full thing going to the car. I told him about the slip, and it was not anywhere to be found in the paper work. (which he wouldn't let me look through)

After talking to him for 2 hours, he finally handled me with promises of trying to "Redo the deal" with another bank on monday (since they were all closed by this time - how convenient)

My action as of now, is to go in Monday, and see what he is offering. If it's not the rebate, then I will contact the BBB with a complaint.

I would love some advice on this matter. Should we get in touch with an attorney. Threaten getting in touch with an attorney?

Also - If it matters any, we signed the contract, but the copy we have has no signature from them. Is there a loop hole there?

Is there some way for us to get money back? (My dad suggested that we record the sales person who remembered the deal saying that we were supposed to get the money back)

--- On a side note, which i will ask here, since it deals with the same instance, is that I have a website which hit a record high of 7.2 million hits this month - Would I get in any legal trouble if a basically posted this message there, letting people know what troubles I had with Kia? I would like to warn anyone, that the contract is the contract, and anything they get you to sign otherwise means squat.

I'm sorry this was so long, but thank you for taking the time to read this, it is really stressing my family out.

======================================


My response:

You have no proof of what you say. You also signed a contract with the entire rebate going towards the purchase price. You're stuck. Don't even think of putting your "facts" on a website unless you want to be sued. That contract that you signed will be used against you like a bludgeon.

Put your tail between your legs on this one, and move on.

IAAL

 

[Angry_Kia_buyer]

...

Thank you for your quick response, and while it was definately not what I wanted to hear, it was what I expected.

So, I guess I will go monday, and pray concience strikes the general manager, and give my veiled threats of a lawsuit, and walk out.

Thanks

 

[JETX]

One thing that seems to be overlooked here.....

You have a contract. What EXACTLY does it show??
What is the agreed purchase price of the vehicle?
Does the contract show the amount allowed for teh trade-in? If so, how much?
Does the contract show the amount allowed for the rebate? If so, how much?
Simply, is the full $1750 rebate provided in the contract?

If so, then you received the benefit of the rebate already and have no claim for additional.

 

[Angry_Kia_buyer]

...

I just wanted to come back and reply to this. Hopefully if someone has a similar problem, they will search and find this.

I filed a claim with the BBB online on Tuesday after talking with the manager, and realizing that nothing was going to be done. It said it could take up to 3 weeks to hear anything.

On friday (this morning), 3 days later, I had an email from the BBB that said they had talked with the car dealership, and that I was going to get my refund now. I went down there a few hours later, and was greeted with a handshake, apology, and a check. Don't discount what a claim with the BBB means. If it's legitimate.

So, don't give up. If I had taken the advice here, I would have been out $1000. Keep on someone if they are giving you problems, go to the proper people for help, and you might actually get something resolved.


Thanks,
Not so angry anymore...

 

[I AM ALWAYS LIABLE]

Re: ...

I just wanted to come back and reply to this. Hopefully if someone has a similar problem, they will search and find this.

I filed a claim with the BBB online on Tuesday after talking with the manager, and realizing that nothing was going to be done. It said it could take up to 3 weeks to hear anything.

On friday (this morning), 3 days later, I had an email from the BBB that said they had talked with the car dealership, and that I was going to get my refund now. I went down there a few hours later, and was greeted with a handshake, apology, and a check. Don't discount what a claim with the BBB means. If it's legitimate.

So, don't give up. If I had taken the advice here, I would have been out $1000. Keep on someone if they are giving you problems, go to the proper people for help, and you might actually get something resolved.


Thanks,
Not so angry anymore...

========================================

My response:

First of all, congratulations.

Second, the BBB is not a "legal" remedy - - it's a "good will in the community" remedy. And, the dealership had no legal obligation to do as the BBB asked. The dealership was within it's rights because there was a written contract. But, it caved out of Good Will.

Third, you said - -

"If I had taken the advice here, I would have been out $1000."

Now, c'mon. You know that's an untrue statement. You wouldn't have "been out" one, single, penny. The fact is, the entire $1,700 was in your contract and was going towards the balance owed. So, realistically, your balance owed is $1,000 MORE because now you took the "cash in hand."

So, since we deal in legal advice, the BBB was not a "legal" response. Hell, we could have told you to go to a television consumer advocate, and you probably would have come to the same conclusion. But, that's not a "legal" method.

Realistically, you could very well have been in the same position as you were when you first wrote to us. You just got lucky, because the BBB has no force in the law.

Anyway, I'm glad it all worked out the way you wanted.

IAAL

 

[JETX]

Ditto.

And you STILL haven't answered the questions I asked..... but then we already knew that you got the benefit of the rebate in the contract..... didn't we??

 

[Angry_Kia_buyer]

...

Sorry, jetx - I never answered your question because the answer is in my first post. Yes the rebate was applied to the car, which was the whole point.

The car dealership told me that it was supposed to be on the contract that the WHOLE rebate would go to the car, and the slip that said, "We owe you" which had $1000 coming back to us on it was how we were supposed to get our money.

And no, we are not out 1000.00 in our contract. We still have the same deal + we got our money back.

I know more now as well, and that knowledge is priceless.