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Bad Practices in CA

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orangepeel14

Junior Member
What is the name of your state? CA

I'd first like to start off by saying that i wrote the following statement for my own personal use if i ever felt i did have a case. That said let me know what ya think!!

I first came to Mazda of Orange on Feb. 11, 2007 to look at the Mazdaspeed3. I liked the car and told salesman, Gus Valdavia, that I did and asked to start running the paperwork. One of the papers had asked me about my trade-in. I was asked whether the car had ever been in an accident and had said yes. I was asked if there was any frame damage and had answered no because I was unaware of any frame damage. I was then asked for my keys and was under the assumption that my car was being inspected for appraisal as a trade-in. The dealership ran my credit and told me that they could not make me a deal without a down payment of about 3500 to 4000 dollars. They asked for the down payment stating that my credit rating was too low. A sales associate by the name of Ray (Unknown last name) tried to get me into a Mazda 6 stating that because of the rebate incentives being offered I could own that car. I declined, and was asked if I could come back Monday Feb. 12 because Ray was going to try other lenders to see if they could make me a deal on the Mazdaspeed3 and left for the evening.

I returned on Feb. 12, 2007 and talked to Ray about whether the dealership could do anything for me regarding a loan. Once again I was told that they could not find me a bank for the Mazdaspeed3 3 without a down payment of 3500 to 4000 dollars. Ray proceeded to show me numbers on why I needed such a high down payment and wrote on a piece of paper that because of 2500 dollars negative equity on my truck and 2000 dollars tax and license fees I would be required to give at least 4000 dollars. He then persisted with the Mazda6 and even took me to his used car lot to show me a dodge magnum. He asked that I test drive both of those cars and just to appease him I drove them. I stated to him that I did not like them and was set on the Mazdaspeed3. I left for the day once again without a new car.

On Feb. 16, 2007 I received a call from Ray saying that he got me a great deal for the Mazdaspeed3 and he asked when I could come in to sign the paperwork. I told him that I really couldn’t come in that weekend because I needed my truck because I was moving. He said, "I'll tell you what, you come in today and I will let you keep your truck until Monday!" Sounded like a good deal to me so I agreed and told him I could come by later that afternoon around 4. He told me he had to pick up his kids from school at about 5, so I told him I'd make an effort to get there earlier. I got to Mazda of Orange at about 3:30 pm to meet Ray. He told me that he was excited that he got me the deal on the Mazdaspeed3. Ray brought me over to a desk where Gus was sitting. Gus said that he lost the paperwork that I filled out on that previous Sunday and that we needed to fill it out again. We redid the credit application. We redid the vehicle trade-in appraisal form. I filled out the top portion. In the top portion I wrote that my trade-in vehicle was a 2004 Ford F-150 Super crew with 49,201 miles. After seeing this Gus asked me the year of my vehicle I reiterated that it was an '04. He said that he had told the finance manager that it was an '05 but not to worry about it, it will be ok. He then asked how many miles and I pointed at the paper and said that he had told the finance manager that it had 40,000 miles. He then asked for the registration and insurance cards. I went to my car and when I returned Gus had instructed me to fill out the bottom of the trade-in appraisal form. On the question asking whether the vehicle had been in an accident he told me to answer "No," saying that "...if anything ever comes up just tell them that to the best of your knowledge it hasn’t been in an accident." Trusting him I answered as indicated. I then was told to hold on for approximately 20-40 minutes for the finance person. I signed all the remaining paperwork for the vehicle and left the dealership with my new car.

On the 26th of Feb., I received a phone call from Gus Valdavia of Mazda of Orange stating that he got "chewed out" by his sales manager because I was given an inaccurate appraisal for my trade in, and that frame damage was found on my trade in. Gus then told me that I was either going to have to bring the car back or come up with 3500 to 4000 dollars to keep the car. I was under the impression that after a contract is signed by both the dealership and the buyer that the sale is final. After reviewing my contract I did not see any writing stating that a trade-in vehicle can later be appraised and the trade-in value changed.

Needless to say on Mar. 2, 2007 I took the Mazda back. Now the dealership is stating that because i put 1200 miles on the car they don't know if they can return my full down payment to me. Nowhere in the paperwork i signed was there anything stating that i would be charged a rental or usage fee if the car had to be returned. As far as i knew the vehicle was mine. If anyone could give me some insight on their thoughts of the whole situation or their thoughts on what i could do about the down payment thing, or if anyone thinks that i may even have a legitimate case to take to a lawyer I'd appreciate it!What is the name of your state?What is the name of your state?
 



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