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Dealership Issue

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Gum_Drop

Member
What is the name of your state (only U.S. law)? LA

Sept. 3, hubby and I traded in our car for another used car.

We put a 2k deposit down as that is approximately what we were upside down on our old car after trade-in.

We took possession of the "new" used car.

We didnt even get a mile down the road before the car started to over heat. We stopped at a gas station we were at this gas station for over an hour waiting for the car to cool off enough to add the water many many times.
Hubby works on cars and was able to diagnose the problem as to one of the cooling fans not working. Hubby bought a new fan at Auto zone and installed it, and havent had any issues since.

On Sept. 25 I checked to see if Our car had been paid off and it hadnt been, I called the dealership to find out why and to get it paid. They claimed we never gave them the down payment. We did in cash. I think they knew the car was having these issues. And that is why they were rushing us out of the office and to take possession of the car.

In our paperwork we paid 19,304 for our trade-in. That is the amount of the check that was supposed to be sent to pay it off. They only sent in a check 18,879 to pay off the car, they kept the 425 and applied it to what the claim we owe, and are demanding that we bring them the 1575. Or they will pursue legal actions

What options do I have here? Give them an additional 1575? Give them back the car?
 


Gum_Drop

Member
the only receipts we have are the contracts that were signed stating the 2k deposit.

When I told the guy at the dealership this he said I was supposed to havent gotten a different receipt for the cash. We didnt, and this is the first time that we have ever put cash down and didnt know there was supposed to have been something separate from what we got.
 

Gum_Drop

Member
So when the dealership calls me back I should tell them I have given them their money and that they owe me $425? And tack on the $180 for the colling fan we had to buy?
 

Zigner

Senior Member, Non-Attorney
So when the dealership calls me back I should tell them I have given them their money and that they owe me $425? And tack on the $180 for the colling fan we had to buy?
Yes, they owe you $425.
No, they don't owe you $180.

(Based only on what you've posted)
 

Lordy123

Junior Member
the only receipts we have are the contracts that were signed stating the 2k deposit.
QUOTE]

They *could* sue you, but you have a decent case since the contract that THEY signed states that you paid $2k as a down payment.
I'm betting the contract states that 2k will be put down, its a contract not a receipt.


Having worked in my dads dealership for a few years, there are a few things you should try:

1. Get in contact with the owner(or general manager), be amicable, yet firm in requesting a sitdown meeting with him, explain the situation.

2. File a complaint here:
Louisiana Used Motor Vehicle Commission - Home
Fortuantly your state is pretty good at resolving issues like this, they are however very timely.

3.If this is a franchise dealership(Chrysler, Honda, etc.) Take diligent steps to find the franchise companies district rep call them and explain the situation. This will most likely be a waste of time, but these corporations sometimes have a agreements in place where they can audit the dealerships for various types of fraud. I've seen them step in for a lot of new car sales, I'm not sure if they'll do anything for a used car sale, but if you convince them that a dealer that franchises with them is skimming cash, they may step in. Its worth a shot.

I hope that helps a little.
 

Zigner

Senior Member, Non-Attorney
I'm betting the contract states that 2k will be put down, its a contract not a receipt.
The contract will show the price of the vehicle, the down payment amount and the balance due. It is certifying that the dealer has already received that amount.
 

Lordy123

Junior Member
The contract will show the price of the vehicle, the down payment amount and the balance due. It is certifying that the dealer has already received that amount.
Usually it is not, it is the customer agreeing contractually to put 2k down, the balance due is reference to the auto loan. Nowhere in any dealer contract I've written up(or seen) does the dealer ackknowlegde recieving funds, that is done with reciepts.
 

Gum_Drop

Member
Thanks Zigner and lordy, I have a Sit down tomorrow with I believe someone in accounting. She keeps saying she cant close her books until this is taken care of.

Which leads me to my next question. The contract I have says my first payment is due on 10-18. I have received nothing in the mail from anyone in regards to this loan. I dont even know who the loan is through.

This is a dealership with a national brand attached to it (toyota)

I have never had this happen so I am not sure what to expect, as I will not hand over anymore cash.

What will happen tomorrow when I tell them I am NOT giving them anymore money??? Should I have someone drive with me so that I can leave the car with them? As its an hours drive from my house to the dealership.

Can I be arrested if I refuse to give them cash? (again I have kids that get home from school at 3 pm, I wanna make sure Me or someone can look after them when they get off the bus)

Would rather have a slight idea of what can happen before I show up... lol

Thanks for the help guys and gals
 

Lordy123

Junior Member
Thanks Zigner and lordy, I have a Sit down tomorrow with I believe someone in accounting. She keeps saying she cant close her books until this is taken care of.

Which leads me to my next question. The contract I have says my first payment is due on 10-18. I have received nothing in the mail from anyone in regards to this loan. I dont even know who the loan is through.

This is a dealership with a national brand attached to it (toyota)

I have never had this happen so I am not sure what to expect, as I will not hand over anymore cash.

What will happen tomorrow when I tell them I am NOT giving them anymore money??? Should I have someone drive with me so that I can leave the car with them? As its an hours drive from my house to the dealership.

Can I be arrested if I refuse to give them cash? (again I have kids that get home from school at 3 pm, I wanna make sure Me or someone can look after them when they get off the bus)

Would rather have a slight idea of what can happen before I show up... lol

Thanks for the help guys and gals
Go to the meeting, firmly tell them you handed over 2k in cash, and ask them to continue looking for it. Give them 24hrs(Unless they ask for more, and you think they are sincere in their search). If they still cannot find it, I would immediatly file a police report.
 
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Zigner

Senior Member, Non-Attorney
Go to the meeting, firmly tell them you handed over 2k in cash, and ask them to continue looking for it. Give them 24hrs(Unless they ask for more, and you think they are sincere in their search). If they still cannot find it, I would immediatly file a police report.
Really? For what? This is a civil matter - not criminal at all.
 

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