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Dealership activity - question

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skaterizme

Junior Member
What is the name of your state:NJ

I have a question regarding an auto dealership keeping a customer's trade-in vehicle after deciding not to include it in the contract for the second vehicle. The customer filed a complaint against the dealership because she found out 30 days later that her vehicle was not used as a trade-in. Today, she went to the dealership to pick up the vehicle, they asked her to sign a release form, relinquishing her rights to continue with her formal complaint. Does the dealership have to right to do this and keep the vehicle - which belongs to the bank/lienholder?
 


seniorjudge

Senior Member
What is the name of your state:NJ

I have a question regarding an auto dealership keeping a customer's trade-in vehicle after deciding not to include it in the contract for the second vehicle. The customer filed a complaint against the dealership because she found out 30 days later that her vehicle was not used as a trade-in. Today, she went to the dealership to pick up the vehicle, they asked her to sign a release form, relinquishing her rights to continue with her formal complaint. Does the dealership have to right to do this and keep the vehicle - which belongs to the bank/lienholder?
Tell us what happened.

I don't understand the situation or the question.
 

skaterizme

Junior Member
Dealership question #2

Thanks for responding so quickly. Ok, let me try again - long story.

I have a friend who has 2008 vehicle that she wanted to trade in for a 2010 suv. She went to a dealership and was under the impression that she was approved using the 2008 vehicle as the trade-in. She was never told otherwise. She received financing from her bank. Some weeks later she goes to pick up the plates and she finds out that the dealership never used the vehicle as a trade-in. It was still sitting in the parking lot. She has two vehicles, two different banks being the lien-holder. She went back and forth with the dealership for two months who still refused to accept the vehicle as a trade. She filed papers against the dealership to take them to court. Also, she's now trying to find someone who can take over the payments for the vehicle and that's where I come in. I can get approved by her bank to get the loan in my name but the problem, we are now having is that the dealership will not release the vehicle to her. They want her to sign a release form relinquishing her rights to continue with her court claim. My questions:
1)Can the dealership actually keep this vehicle, especially since they never used it as a trade-in and 2)since another bank has the lien on the vehicle and it's owned by them?
 

BL

Senior Member
Thanks for responding so quickly. Ok, let me try again - long story.

I have a friend who has 2008 vehicle that she wanted to trade in for a 2010 suv. She went to a dealership and was under the impression that she was approved using the 2008 vehicle as the trade-in. She was never told otherwise. She received financing from her bank. Some weeks later she goes to pick up the plates and she finds out that the dealership never used the vehicle as a trade-in. It was still sitting in the parking lot. She has two vehicles, two different banks being the lien-holder. She went back and forth with the dealership for two months who still refused to accept the vehicle as a trade. She filed papers against the dealership to take them to court. Also, she's now trying to find someone who can take over the payments for the vehicle and that's where I come in. I can get approved by her bank to get the loan in my name but the problem, we are now having is that the dealership will not release the vehicle to her. They want her to sign a release form relinquishing her rights to continue with her court claim. My questions:
1)Can the dealership actually keep this vehicle, especially since they never used it as a trade-in and 2)since another bank has the lien on the vehicle and it's owned by them?
What does the local police say when she called them to the dealer when she tried to retrieve her/the lien holder's car ?

What does the lien holder say ?

Is the dealer asking for storage fees ?

Why won't your friend sign the release from any further issues arising out of this ,if you are going to take over payments ?

What exactly is your friend after here ?
 
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skaterizme

Junior Member
Her and her husband (who's more vocal-:) went back a second time and threatened to go to the police. I'm not sure what happened since the last visit. I recommened for her to call the bank to see if they can call the dealership themselves. I think the dealership is being vindictive because she filed a complaint against them. I'm trying to tell her to get the car back and still file the complaint.

The dealership isn't charging a storage fee but they're giving her a hard time about returning the vehicle which doesn't make sense to me.

I'm waiting to hear back from them, hopefully the dealership will see how stupid this all is - I find it strange that they're doing this. I just wanted to put it out there and just make sure I'm not missing anything.

Thanks BL for responding also.
 

BL

Senior Member
Her and her husband (who's more vocal-:) went back a second time and threatened to go to the police. I'm not sure what happened since the last visit. I recommened for her to call the bank to see if they can call the dealership themselves. I think the dealership is being vindictive because she filed a complaint against them. I'm trying to tell her to get the car back and still file the complaint.
The dealership isn't charging a storage fee but they're giving her a hard time about returning the vehicle which doesn't make sense to me.

I'm waiting to hear back from them, hopefully the dealership will see how stupid this all is - I find it strange that they're doing this. I just wanted to put it out there and just make sure I'm not missing anything.

Thanks BL for responding also.
Why would you be recommending filing a complaint against the dealership ?

You weren't there upon the signing of the new one .

If it wasn't within the 4 corners of the signing there was a trade in ,who's fault is that for signing ?
 

skaterizme

Junior Member
Why would you be recommending filing a complaint against the dealership ?

You weren't there upon the signing of the new one .

If it wasn't within the 4 corners of the signing there was a trade in ,who's fault is that for signing ?
Huh???? You're misunderstanding me....I didn't say I recommeneded her for filing against the dealership. She had completed that. What I was saying was since they're requiring her to sign a release form, I'd say sign the release form and if she still wanted to, she could continue with her complaint. I know I wasn't there at the signing and I didn't say that I was there. As I mentioned, she thought her vehicle would be used as a trade-in but she found out after picking up her plates, that it wasn't.

All I was asking if the dealership had the right to keep the vehicle, that's all.
 

BL

Senior Member
Huh???? You're misunderstanding me....I didn't say I recommeneded her for filing against the dealership. She had completed that. What I was saying was since they're requiring her to sign a release form, I'd say sign the release form and if she still wanted to, she could continue with her complaint. I know I wasn't there at the signing and I didn't say that I was there. As I mentioned, she thought her vehicle would be used as a trade-in but she found out after picking up her plates, that it wasn't.

All I was asking if the dealership had the right to keep the vehicle, that's all.
Honestly ,you're a 3rd person and we are hearing this through you .

Without knowing the full details we can not answer that . Something must be going on for them to request a release be signed .
 

HuAi

Member
She went back and forth with the dealership for two months who still refused to accept the vehicle as a trade. She filed papers against the dealership to take them to court.
What is she seeking through her court action? Return of vehicle? Force dealership to use car as trade-in? Monetary damages? If so, what kind of damages?
 

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