Selling a collector car through consignment dealer with no contract?

[Joz]

What is the name of your state? CA,
The consignment car dealer solicited me from a sales ad I had for my collector car. On our first phone call, I asked, "what will this cost me?". I was told, a $350 fee + $100 for detailing and photos. Then, when the car sells, they get $4500 or 10% of the sales price. Nothing else. I stressed my point about total out of pocket costs if it didn't sell. After 6 months, no sale so far so I asked to get my car back. They didn't want me to and said to lower the price (for the third time) and they would focus on it. Now, after 10 months, I want my car back and now, they bring up the fees I owe them, including storage fees at $200 per month. They sent me the filled out contract that they said I signed, that shows the fees, but the initials section and signature section were both blank. I do have a signed appraisal form (no related to fees). What should I do? Pay the storage fees or fight it?

 

[quincy]

It might be less costly for you to simply pay the $2000 storage fees.

You don’t have a copy of the documents you signed?

 

[LdiJ]

You could ask them to prove that you signed a contract if you did not. They would have to provide a signed copy for the court if they tried to sue you.

 

[quincy]

The problem with that is they have possession of the vehicle.

 

[Joz]

I do have a signed copy of the "appraisal form" only. I was at the dealer and that was the only thing I signed. They just emailed me this document (contract) with no signature, that they said I signed. I asked again for the "signed" one but they change the subject. And yes Quincy, they do have my car. I think I will just pay the fee and hope they are kind to me. Thanaks for the responses.

 

[Zigner]

I do have a signed copy of the "appraisal form" only. I was at the dealer and that was the only thing I signed. They just emailed me this document (contract) with no signature, that they said I signed. I asked again for the "signed" one but they change the subject. And yes Quincy, they do have my car. I think I will just pay the fee and hope they are kind to me. Thanaks for the responses.

I don't know...for $2,000 it might be worth stopping in for a visit with the police.

 

[quincy]

I do have a signed copy of the "appraisal form" only. I was at the dealer and that was the only thing I signed. They just emailed me this document (contract) with no signature, that they said I signed. I asked again for the "signed" one but they change the subject. And yes Quincy, they do have my car. I think I will just pay the fee and hope they are kind to me. Thanaks for the responses.

I think getting your car back should be your first concern. If their contract is for some reason upheld and enforceable, at least you won’t have additional storage fees to worry about.

 

[Joz]

Yes, I need to get my car back. I told them, Monday I would come and get it. Now they say they have an offer, but the fees they are charging are close to $10,000. (originally, around $7400 based on $70,000 sale price).
BUT NOW!!!!! - They just sent me a "signed" copy of the contract that they forged my signature. In the "initial" boxes and "signature" line. They signed it over the top of my written name so it's hard to read but there's letters in the open areas, that are clearly not mine. I don't mind paying the fees they originally told me about but now they're getting inflated.
Is this something I need to go to the police for? Thanks for the responses.

 

[Zigner]

Did they negotiate a $100,000 price on the car?

 

[quincy]

Yes, I need to get my car back. I told them, Monday I would come and get it. Now they say they have an offer, but the fees they are charging are close to $10,000. (originally, around $7400 based on $70,000 sale price).
BUT NOW!!!!! - They just sent me a "signed" copy of the contract that they forged my signature. In the "initial" boxes and "signature" line. They signed it over the top of my written name so it's hard to read but there's letters in the open areas, that are clearly not mine. I don't mind paying the fees they originally told me about but now they're getting inflated.
Is this something I need to go to the police for? Thanks for the responses.

If the offer they received on your car is a legitimate one and what you wanted to get for the car (or more), it sounds like you might have sold your car and the issue has resolved itself, right?

 

[Joz]

They originally negotiated, over the phone, that I would net $85,000 and they listed it for $99,900. Over the months they lowered it finally to $79,900 and I was expecting to net around $74k from this. They claim, now, they have an offer at $70k and I would net $60,900 which is far less than expected. They use the phrase, ..."tentatively making an Offer ". Nothing in writing from a buyer. A few months back, I wanted to pick up the car and put it on an auction site were similar cars are selling for $65k to $85k. And mine has been featured in a classic car magazine. They talked me out of it. And, would anyone want to go through with a deal were the company forged your signature? And the forged signature matches the writing style of the guy that wrote the contract. What is the best thing to do? Can I go get my car, charge the fees and dispute to the card company based on a falsified document? Thanks for the help.

 

[quincy]

I think getting your car back should be your priority.

 

[bcr229]

Can I go get my car, charge the fees and dispute to the card company based on a falsified document?

There's nothing stopping you from trying. Speaking as a small business owner, I would use an AmEx to pay as of the three they're the most likely to take your side. If you win bear in mind that the consignor can sue you for their fees.

I am also rather gobsmacked that with that much money on the line both you and the consignment shop would be that lax with paperwork. My company takes in consignments, usually in the $500-$5000 range, and consignors leave with a signed copy of the contract.

Finally, just MHO but it sounds like they're stringing you along to keep the car with them so they can get more storage fees from you.

 

[Joz]

Yes, they have negative Yelp reviews about "string along". The owner of the company email me about completing a deal. I mentioned a couple times about trust and mu forged signature. He ignored that part. But, they have till Monday before I come and pick it up. Very worried about what the fees will be. Thanks for the responses.

 

[quincy]

Yes, they have negative Yelp reviews about "string along". The owner of the company email me about completing a deal. I mentioned a couple times about trust and mu forged signature. He ignored that part. But, they have till Monday before I come and pick it up. Very worried about what the fees will be. Thanks for the responses.

If you have the chance to post back, I would be interested in learning what happens on Monday.

Good luck.