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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
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Experience:  I am a civil litigation attorney representing individuals and businesses.
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I am in the state of Missouri. In July I went to a car

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I am in the state of Missouri. In July I went to a car dealership that I had purchased my last vehicle. I ended up with a year older than what I went for. I do not make car payments and haven't for years. The salesman I was working with knew this fact. I am already injured so I don't just go running around or jumping when someone calls. I brought the vehicle that I was thinking of buying, home for the weekend. Salesperson drives by my house twice a day. He and I had come to an agreement and the only reason I went back to the dealership is because of our agreement.
I knew there was a rescinding law. I actually thought it was 3 business days. I was informed by another financial institution it is 10 business days. The agreement my salesperson and I had was overridden by a so called manager, I couldn't even conceive of what he thought he was trying to accomplish.
Due to this rescinding law, and the fact I was beginning to be in more pain as I only have short windows of time without pain, I played the manager that is now gone game. I contacted my salesman the very next day and said I don't want the vehicle. I did not need to borrow money from anyone else as I have a trust fund. My salesman knew this fact. I did not knowingly give them any permission to run a credit check. I can go into the details of what this manager that interfered in the deals circus act was later. Nonetheless six months later I still have the vehicle that I don't want and told them that within 3 to 10 business days. I even contacted the financial company which must be a financial company that finances their fleets and they had informed me that all the dealership had to do was call them and cancel the note. Obviously no one at this dealership is educated on our rights and I guess it appears there's National Security within our whole country EXCEPT if you're going to a car dealership. I now have
13 credit inquiries on my credit report from this dealer alone. The financial officer actually had the nerve to ask me how much money was in my trust!!
They did reimburse the NWAN $2000 chg.
I haven't wanted this vehicle. They try to argue there's no such thing as a rescinding law. I question them as to why their own financial institution along with others seems to know about it? I want to reiterate I never needed to borrow money for this vehicle the simple deal was my 2013 Dodge Journey for 2014 Dodge Journey that had 10,000 miles on it and at the most I was going to give him for that trade would maybe be $4,000.
I do not know where this manager came from I do not know what his reasoning skills was behind the games he was playing or if he was attempting to impress someone with his lack of intelligence. I have asked to speak with the owner of West Brothers, Sullivan MO whose name is***** have yet to rescind this note. It is now time for it to be serviced and has three safety recalls. I do not want the vehicle. The joy has been taken and I dont make car payments, though I have been forced to. I was never even quoted a price on the 2014 tho they wrote a price down of their choosing on the note, that I knew I could rescind the very next day. I have more of an explanation of the charade they went through.
My main question is what can I do to get them to do their portion of the rescinding this contract along with clearing my credit report of their credit inquiries. The manager became angry at me when I mentioned that it appeared to me that it was not only an attempt at identity theft but a form of fraud. After I use the word fraud he said he was going to hang up on me.
I asked him what would he think if he had 13 credit inquiries that are not authorized yet he didn't need the money? Would not he think it FRAUD as well as identity theft? Before I said the words "identity theft" out spoke over me and said, " you said the word fraud again" and hung up on me. We live in rural areas and I am NOT proud to say there are a lot of ignorant people who are self important.
I have spoke with the gentleman in service that supposedly answers only to Laury West, the owner. He is going to try to speak on my behalf to him. I have been sick over this idiocy for 6 months, I do not know how to tell them to do their job. The owner is 65 years old this cannot be his first rodeo regarding rescinding
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Attorney 1 replied 10 months ago.

This is truly unfortunate and frustrating situation, and it sounds like it may involve identity theft, too. In order to remedy the situation and "clear your name" it would probably be a good idea to order a copy of your medical records and then show the doctors evidence of the identity theft that has taken place. For instance, if someone representing themselves as you picked up pain medication at a particular drugstore on a particular date, but it could not have possibly been you because you were involved in physical therapy (for instance) the entire day, then you can adequately prove identity theft and the situation should resolve itself. This is not a situation in which a local attorney can get involved, because it doesn't involve a legal matter so much as it involves some paperwork (getting your medical records) which you can do by written request to your doctors. The good news about that is that there is no extra outside money to pa to another attorney. However, in the event you find specific evidence pointing to a particular person who has committed this identity theft, you could bring a lawsuit against that person and report the matter to the local police. Along those lines, a police report, in and of itself, is some sort of credible evidence of identity theft. You could make a police report and get a copy to show to your doctors, even if you are as yet unable to identify the perpetrator. This, in and of itself, may help.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 10 months ago.

Sorry, my response was posted to the wrong page. I will opt out to open your question for other attorneys to respond.

Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

My apologies for the issue above - this information is in response to your question about your auto purchase from a dealership in Missouri.

Unfortunately, there is no "cooling off" period (or rescinding law) for automobile purchases in Missouri (this is a common misconception). You can find factual information in this publication by the Missouri Attorney General here: https://ago.mo.gov/docs/default-source/publications/knowyourrights.pdf?sfvrsn=4%20 (the information on auto purchases begins on page 18 of the publication).

It does appear that you were under "high pressure" sales tactics, and that they did get significant financial information from you (including information on your trust) in generating your loan application. You can of course try suing them for this, but my experience with these suits is that the majority of them are short lived - the dealership has retained well documented information for all of the loan application/agreement and purchase papers showing that the buyer has signed for these things (and the courts have a presumption that if the document is signed, the person signing the document has read it and understood it).

Obviously, an auto purchase is a significant investment, and it probably has a significant impact on your finances, you can ask a local attorney, or your local legal aid clinic, to review the documents that you have and see if there is anything improper on the face of the documents that may perhaps give you an opportunity to renegotiate the transaction.

You can also try filing a complaint with the BBB - the BBB acts as a mediator for consumers and can sometimes help you reach a more agreeable resolution.

If you believe that the dealership has acted fraudulently, you can report this misconduct to the State Attorney General - keep in mind, the AG's office is tasked with investigating and administratively enforcing business and profession codes, as well as criminal codes, they do not recover money for private parties (so they will not recover any money for you, or unwind your specific transaction, but they can investigate the dealership and potentially penalize them if they find wrongdoing).

Customer: replied 10 months ago.
I am truly needing to think your answer through. When to large financial institutions correct me about the amount of days that I have to rescind the loan, it can only make me wonder why anyone would think that we shouldn't have the right to have at least 3 business days, but I was corrected by the financial institution that I had 10 business days. One of the financial institutions which is T D financial is the financial institution that I am understanding holds the note to some of the fleet of this car dealership. As I think I stated they were familiar with the words rescind and actually asked me, "Why doesn't the dealership just call and cancel this loan?" Under other circumstances I understand why you would use the terminology "High sales tactics". This vehicle was discussed and a price was set by my sales person and I. This went on almost 2 weeks. Translation...the sale had already been made, my 2013 for his 2014 and at the most $4000 difference due to the 2014 having 10,000 miles on it. If this is a misconception, why would ANY financial institution discuss rescinding and automobile loans in the same sentence?
I'm still baffled by what this manager who has been fired still at the game by changing anything about the arrangement the sales person and I had. I will go as far to say as the more I listen to him the more it appeared he was attempting to confuse issues monetarily and keep the cash flow going for his own financial gain on a different level. I was not even in agreement with what they were asking for the 2014 when he decided to find a creditor for me that I did not need. I know in 2014 there was a signature on a title forged at the same dealership. I made it very clear and my salesman can confirm that that I didn't need their money. TransUnion and one of the other credit reporters told me to have them write a letter so that they could remove the credit inquiries off my credit report I did not authorize nobody can read all those papers as quickly and I am a pretty fast reader but nobody would dare to why would I have to worry about somebody not being able to hold up their end of the bargain. As I first stated, I am injured w/nerve damage from head to toe. The Attorney General has yet to do his job with that situation. I was attacked/punked by a 17 year old female. I appreciate the information but no there must be something right about what I have been taught. One of the first phone conversation I had with the salesperson after he tried to discuss the resending papers was, and I will try to call him. " rescinding is only good if we come to your house." I have to tell you I left and ask him who told him that and by the way he did come to my house with a vehicle just not the one in question and I had asked him to pick this vehicle up prior to purchasing it. I trusted my salesperson but he could not trust the manager above him and as I understand it that manager and another person was fired. I don't even want to go there to have my vehicle serviced and it is under warranty. My sales person has left that dealership. This was an experience in an insane situation equivalent to every car dealership joke wrapped up into one visit.
Thank you for your input. I am expecting a phone call again from them tomorrow hopefully it will be the owner which is who the person I spoke with is going to be reporting to.
Expert:  CalAttorney2 replied 10 months ago.

Hopefully the owner will be able to help you reach a mutually agreeable resolution to this matter.

You can always attempt suing the dealership for "fraud in the inducement" - but prior to filing suit, please consult with a local attorney to go over your paperwork in detail and get a formal legal opinion regarding the matter (based on the actual documentation, not just the scenario, and what a bank representative told you). Having a formal opinion prior to filing suit is important because it can help you better assess the matter before you invest time and resources into a time consuming and costly civil suit.

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

Customer: replied 10 months ago.
Thank You. I apologize for some words that seem to be different spelled or used than what they should be. I use voice to text a lot due to the nerve damage in my hands. I'm waiting to hear back from the gentleman that is the head of service that answers directly to the owner. Not only is it time for the car to be serviced I've had 3 recalls sent to me. He said he was going to attempt to contact the owner as well as get all the parts in to fix all the recalls.
I can only hope the owner knowing that the manager was fired as well as someone else who has been involved in it, what have the ethics to handle this situation properly.
I will keep you informed for it is a learning experience for both of us however the rumors I have heard about this dealership seem to be true.
Expert:  CalAttorney2 replied 10 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

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