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Can the dealership trick me into volunary repo?

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JamesM123

Junior Member
I'm in California

Back in May of 2017, I bought a brand new car from a major dealership. My credit was horrible, they approved me anyway, and I had the car in my driveway that same night.

Two weeks later they ask me to come in and sign a new contract, with a higher payment and interest rate. This was definitely out of the 10-day window allowed by the contract. They also had me sign a new cancelation of the old contract, but dated it only ten days into the past. I told them I can't find the old contract, and they seemed happy. I still have both contracts, and I have the cancelation slip for the first contract. I figured if it ever has to go in front of a judge, this would demonstrate deliberate intent to break a clause.

Nine months later, I still didn't get the license plates or any paperwork. Yesterday I called, and the woman who looked into it said that I can get the plates on the spot but I have to come in and sign a DMV form.

I borrowed a car to drive to the dealership. I signed the paperwork. Then she said she needed to go out and verify the VIN. I got a little suspicious, but said that my car is getting the stereo upgraded.

Anyway, on Monday I plan to bring a friend. She'll be in the drivers seat, and at the moment it's time to come out and verify the VIN, I'll have her pull into the dealership.

Can the dealership or any of its employees legally blockade the car to prevent leaving? Or would this be false imprisonment and attempted kidnapping?

I don't trust them because of how they handled the situation in May, and I would like to know what my legal options are. Is the dealership even required to verify the VIN (they should already have this information in the computer)? Or was this BS and are they trying to pull a fast one over me?
 


quincy

Senior Member
I'm in California

Back in May of 2017, I bought a brand new car from a major dealership. My credit was horrible, they approved me anyway, and I had the car in my driveway that same night.

Two weeks later they ask me to come in and sign a new contract, with a higher payment and interest rate. This was definitely out of the 10-day window allowed by the contract. They also had me sign a new cancelation of the old contract, but dated it only ten days into the past. I told them I can't find the old contract, and they seemed happy. I still have both contracts, and I have the cancelation slip for the first contract. I figured if it ever has to go in front of a judge, this would demonstrate deliberate intent to break a clause.

Nine months later, I still didn't get the license plates or any paperwork. Yesterday I called, and the woman who looked into it said that I can get the plates on the spot but I have to come in and sign a DMV form.

I borrowed a car to drive to the dealership. I signed the paperwork. Then she said she needed to go out and verify the VIN. I got a little suspicious, but said that my car is getting the stereo upgraded.

Anyway, on Monday I plan to bring a friend. She'll be in the drivers seat, and at the moment it's time to come out and verify the VIN, I'll have her pull into the dealership.

Can the dealership or any of its employees legally blockade the car to prevent leaving? Or would this be false imprisonment and attempted kidnapping?

I don't trust them because of how they handled the situation in May, and I would like to know what my legal options are. Is the dealership even required to verify the VIN (they should already have this information in the computer)? Or was this BS and are they trying to pull a fast one over me?
If you signed a new contract, you agreed to the new terms.

It is up to the buyer to check the VIN.

I am not real clear what your concern is with the dealership. I don't understand your "false imprisonment" or "kidnapping" comment.
 
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LdiJ

Senior Member
If you signed a new contract, you agreed to the new terms.

It is up to the buyer to check the VIN.

I am not real clear what your concern is with the dealership. I don't understand your "false imprisonment" or "kidnapping" comment.
He thinks that the whole thing is a ruse to get him to bring the car back to the dealership so that they can snatch it back. I do not blame him for being concerned about that. The dealership does seem a bit shady.
 

quincy

Senior Member
He thinks that the whole thing is a ruse to get him to bring the car back to the dealership so that they can snatch it back. I do not blame him for being concerned about that. The dealership does seem a bit shady.
Perhaps the dealership is shady ... but James apparently agreed to cancel his first contract and sign a new one.

And I see nothing that should lead to concerns about kidnapping or false imprisonment.
 

FlyingRon

Senior Member
Perhaps the dealership is shady ... but James apparently agreed to cancel his first contract and sign a new one.

And I see nothing that should lead to concerns about kidnapping or false imprisonment.
I answered this on the other forum. I suspect highly he's NOT been making the payments. They may be trying to trick him into a bring the car somewhere to have a repo, but it won't be volutntary. If he or his girl squat in the car after they take possession (either by being blocked from leaving the lot or being on the "hook" on a tow), it's not going to be the dealership in trouble. They'll just have the cops come and remove the tresspassers.

Once he signed that second finance agreement, the first became moot (whether he signed a proper cancellation or not, or whether whatever alleged ten-day limit there was).
 

quincy

Senior Member
I answered this on the other forum. I suspect highly he's NOT been making the payments. They may be trying to trick him into a bring the car somewhere to have a repo, but it won't be volutntary. If he or his girl squat in the car after they take possession (either by being blocked from leaving the lot or being on the "hook" on a tow), it's not going to be the dealership in trouble. They'll just have the cops come and remove the tresspassers.

Once he signed that second finance agreement, the first became moot (whether he signed a proper cancellation or not, or whether whatever alleged ten-day limit there was).
Ah. A possible history not yet disclosed. :)

The repossession of the car for nonpayment would not be kidnapping or false imprisonment, should James go to the dealership and refuse to turn over the car. The dealership eventually would take possession of the car (with or without help from the police) and James would be free to walk home (or get a ride from the police).
 
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JamesM123

Junior Member
An update with info

They took $4,350 cash as down payment, I got a loan rejection letter from a third party bank, and they never sent me a bill.

I spoke to someone who used to work at a law firm and he said that the dealership could potentially be shut down for what they did.
 

Just Blue

Senior Member
They took $4,350 cash as down payment, I got a loan rejection letter from a third party bank, and they never sent me a bill.

I spoke to someone who used to work at a law firm and he said that the dealership could potentially be shut down for what they did.
In what position did this person work at the law firm?
 

JamesM123

Junior Member
He was not a lawyer, but worked at the firm for three years. I talked with him for about 15 minutes and he seemed to ask pertinent questions, as well as display a solid familiarity with legal jargon.
 

Just Blue

Senior Member
He was not a lawyer, but worked at the firm for three years. I talked with him for about 15 minutes and he seemed to ask pertinent questions, as well as display a solid familiarity with legal jargon.
Again...What position did he have? Paralegal? Admin Asst? Janitor?
 

HRZ

Senior Member
Such bait and switch deals on finances are not entirely rare ..OP ..you blew your leverage when you signed the new deal.

I suspect they are trying to induce you to bring car to a place where they can "grab" it.
 

quincy

Senior Member
They took $4,350 cash as down payment, I got a loan rejection letter from a third party bank, and they never sent me a bill.

I spoke to someone who used to work at a law firm and he said that the dealership could potentially be shut down for what they did.
Did you make any payments on the car after you purchased it, or did you just pay $4530 for the down payment?
 

FlyingRon

Senior Member
Did you make any payments on the car after you purchased it, or did you just pay $4530 for the down payment?
I suspect his statement "I never got a bill" means he also "never attempted to pay" even though his loan agreement probably tells him how.
 

quincy

Senior Member
I suspect his statement "I never got a bill" means he also "never attempted to pay" even though his loan agreement probably tells him how.
I suspect the same.

If James made no payments, he probably should not be all that surprised if/when the dealership repossesses the car.
 

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