Recent Feedback
I purchased a new vehicle from a dealer on July 25, 2009 (Sunday). At the time of sale the dealer indicated a third party had the title and it would be sent to me by Thursday (July 30, 2009). On Thursday I called and was informed it would be sent on Monday (August 3). On August 5 I called the owner and was informed that the dealership is operating under Chapter 11, a fact not previously revealed to me. To date, I have called everyday to speak with the owner and he will not take my calls or is not at the dealership. I've attempted to speak with the financial manager but he is always busy or not there. The sales manager that sold me the car is always with another customer or on the phone. Each time I call I leave voicemails with my name and phone number requesting a call back. I have not received any call backs. The dealership received $25,100 from Capital One Auto Finance and $2045 from me. Any help or advise would be appreciated.
Optional Information: State/Country of Question: New York Already Tried: Phone calls and logs kept since 8/5/09. Requests made to define what happened to the money, no answer. Verbally indicated that the next step would be legal action.
Thank you for contacting our JA team for guidance.
First, the dealership is in breach of contract since they have not provided you with clear title and you can rescind the contract and demand your money back. However, since they are in bankruptcy, you may have to file a claim against them in bankruptcy court.
You would also have a lawsuit for Fraud if they knew they could not provide clear title and yet accepted your funds. I would contact Capital One and maybe get them to put pressure on the dealer to come up with the title or refund the money they received.
In addition, the BBB and state consumer protection agency and even state attorney general's office may be able to assist you. If the dealer cares at all about it's reputation, they will resolve the matter to your satisfaction after these agencies pressure them to do so.
If all else fails, your final option is to consult with a local attorney familiar with bankruptcy laws to either get a claim filed against them in bankruptcy of file a lawsuit. You may just want to discuss your options with this attorney and pursue a refund yourself through Small Claims court where you do not need an attorney to represent you.
The state bar association can provide you with attorney referrals.
Please let me know if you need additional information.
Best regards XXXXX XXXXX
TG
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Experience: JD, BBA Over 20 years legal and business experience.