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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27186
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Auto dealer in Florida threatening to sue me after I traded

Resolved Question:

Auto dealer in Florida threatening to sue me after I traded in car A (after some engine trouble) for car B and now dealer is threatening me for car A's insurance check. I would not have traded in car A for car B if I knew this would happen. Need help fast.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Can you provide some more facts to put this into context?

Customer:

I am very afraid after receiving a lot of phone calls from my auto dealer asking for a 3400 dollar check

JD 1992 :

What was the check for?

Customer:

I took the car they sold me in 2012 to them after some engine trouble and apparently the warranty didn't cover it so they told me it would be 8800 to fix. They said that it was better for me to give them the car back and get a new one so hesitantly I did and put a down payment of 1,500 and refinanced 23,000. They paid off my old loan of 17,000 and gave me in total 19,500 for the car I traded in.

JD 1992 :

So where does the check come from?

Customer:

Now the insurance sent in my name a 3500+ check and the dealer wants it or they will sue me. I would not have traded in my car if I knew that this would be the case as I am paying more per month and owe more. I did not see it on the contract.

JD 1992 :

What is the check for?

Customer:

The check was insurance coverage for my repair for the car I traded in

JD 1992 :

Did the contract mention the check?

Customer:

No it shows a 19,500 trade in value for a car of 25,000 MSRP

JD 1992 :

If it doesn't mention the check or the amount of the check then they have no grounds on which tp base their demand.

Customer:

When I told them that it wasn't on the contract they told me to bring the car and the check by Wednesday or to hire a lawyer by THursday as they would sue for insurance fraud.

Customer:

It has caused me a lot of panic as I am 250 miles away for school

Customer:

I just feel they are scamming me for more money on top of the car they repaired and the one they sold me

JD 1992 :

They are bluffing. Go and talk to a local lawyer and let them look at the contract to be sure but it doesn't sound like you have anything to worry about. In addition, it isn't insurance fraud and even if it was they can't sue for that, only the insurance company can.

JD 1992 :

It sound like they are just trying to take advantage of you.

Customer:

Yeah his words were "we would have never give you full value for the car if the insurance wasn't paying for it" and they need the check.

JD 1992 :

I don't think they have anything to base this on. You need to get the contract looked at by a lawyer but based on what you've said you're safe.

Customer:

Yeah I wish I knew how to find a lawyer on short notice :\ they gave me until Wednesday :\

JD 1992 :

You can find one Monday there locally. Go to www.lawyers.com or just look in the phone book. They aren't going to charge you much, if anything, to look at it.

JD 1992 :

look for a lawyer that does civil litigation.

Customer:

Okay that sounds like a plan

JD 1992 :

Don't worry about it though. If it was on the contract you should be able to see it and if it isn't on there then they are out of luck. You're just getting it looked at to be extra careful.

JD 1992 :

Don't let them intimidate you though. You may even want to hire that lawyer to send them a letter explaining what you will do if they do file suit.

Customer:

They screamed and intimidated me saying they have HUGE corporate lawyers and this will show on my record when I lose. I feel like I am being punched in the gut for there mistake.

JD 1992 :

They are laughable. Somebody there messed up and they know it.

JD 1992 :

Stand strong.

Customer:

I feel a little better now

Customer:

I just think they are trying to squeeze eery peny out of my trade in, the new car, the insurance Co and myself.

JD 1992 :

I can understand being worried, but it is useless worry. They can't make you give them the check and they won't win a lawsuit.

Customer:

This is good news because I trusted them. I thought I was being empathized with because the warranty wouldn't cover it apparently I was wrong.

JD 1992 :

No, never trust a car dealership.

Customer:

I learned that now for sure.

JD 1992 :

Anything else before I exit to assist others?

Customer:

The quote for 8800 and the fact that they are only asking for 3400 why would they settle for less? Is that an inflated number they used just to get me to buy a new car and give them my old car?

JD 1992 :

Yes, that is likely what it was.

Customer:

That is messed up..

Customer:

but thank you for your advise

JD 1992 :

You're very welcome and best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Customer:

I will credit you, thank you have an enjoyable day

Dwayne B., Lawyer
Satisfied Customers: 27186
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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