Small Claims

[pjsarg]

What is the name of your state? California I turned in a leased car then purchased a car from same dealer. This was my 3rd car from this dealer.(Trusted them) Still had 5 months left on lease, was told I qulalified for program that would pick up remaining payments on that lease. So made a deal to turn in leased car and buy new car. A few weeks after the deal was made I received bill in mail for remaining payments on the lease. Come to find out they did not check if I qualified or not. Contacted the owner of dealership(which was sold) and he agreed to check things out. In a message from him on my answering machine he told me he would check the situation out and if GMAC would not pick up the bill he would take responsibility for it. If I take him to small claims court can I use the recording from my answering machine with him saying he would be resposible for bill, and is that verbal statement binding and can I make him pay the bill?? Remember this was my 3rd car from this dealership, had no problems before, and I had no reason to think that anything was not the way it should have been. Basically, the salesman and Manager screwed up by not checking to see if I qualified for the program, but should I have to pay for there mistake. Please give me any advice you have!ASAP
Thank You
pjsarg

 

[JETX]

California is an 'all party' state, which means that all parties to a conversation must allow the recording. However, that does not apply in your case, since the message was left on an answering machine..... which was clearly recorded with the dealers permission and knowledge.

And though having gotten all these promises in writing would certainly have made for a stronger case, go ahead and sue the dealer. Take your tape and player with you to court.

 

[pjsarg]

Thanx JETX,
Since your a dealer, would like to email you with a few more questions. The questions concerns who to actually sue??? Would appreciate any help.
Thanks
pjsarg
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