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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9587
Experience:  Licensed to Practice Law
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Hello, I purchased a used 2011 Truck the other day, we made

Resolved Question:

Hello, I purchased a used 2011 Truck the other day, we made it VERY clear to the dealer that we did not want to owe a cent on the car we were trading in.
At first they were reluctant to agree to pay it off but eventually agreed to it after running back to their office to "see what they can do".
They brought out this piece of white paper and started writing things on it that we both agree to in order to make a deal on that paper he wrote the following.

blazer PAID OFF
full tank of gas
5 year, 100k mile warranty (he said THEY would pay for it)
they pay for tax title and license
get payment to below $500

That was the terms I agreed to and made it VERY clear that I did NOT want to be responsible for ANYTHING I owed on the car I was trading in.

when we were doing the paper work my wife and I were having a hard time with our 3 year old, He was getting into stuff, pulling things off dest, being whiny and our attention was on him and the dealer KNEW this..

So he said "Ill speed things up" and gave each of us a pen and slid paper after paper to each of us not explaining what each one was and just pointing where to sign. We just took it for granted that our verbal terms that we agreed to were being honored.

A day or 2 later we realized that the amount we financed was higher than it should have been, so we got out the paper work and went over it.

them lying people added the price they said they were giving us for our old car in on top of what we paid for the truck (I made it CLEAR i did NOT want that), They charged us $1400 for the warranty they said THEY were going to pay and they added in tax title and license witch they said THEY would pick up.. I went back to the office where I bought it and put my fist into the managers desk when he said "Thats they way the car business works" He finally said that the guy that made the deal with us was on vacation and to come back Monday and discuss it with him..

My question is... what can I do about this? can I force them to take back the truck and call the deal off? can I contact the bank that financed it and have them to put a stop on paying them? What can I do????
Submitted: 11 months ago via Cornell Legal Info Institute.
Category: Legal
Expert:  TJ, Esq. replied 11 months ago.

VAMD, Esq. :

Hello and thank you for allowing me the opportunity to assist you.

Customer:

Hello

VAMD, Esq. :

Please bear with me ... I am still reading your question. Almost done.

Customer:

sure

VAMD, Esq. :

I'm sorry to hear about this situation. Unfortunately, you're between a rock and a hard place.

VAMD, Esq. :

It is generally no excuse to claim that you didn't read what you were signing.

Customer:

thats what I was afraid of

VAMD, Esq. :

You cannot get the bank to stop the deal.

VAMD, Esq. :

They loaned you the money.

VAMD, Esq. :

The bank is the last party that will take the loss for this fiasco.

VAMD, Esq. :

If I were you, I would talk to the salesman and take the white paper with the terms that you agreed to.

VAMD, Esq. :

You do have a tiny amount of leverage in that if you were to sue, then you could theoretically claim that the terms of the agreement are on the white paper.

Customer:

Thats the problem, it "diapered" when we got in the office, I asked if we could have a copy of it

VAMD, Esq. :

Without that paper, I doubt that you'd have any sort of case.

VAMD, Esq. :

The dealer will simply claim that you agreed to the terms.

VAMD, Esq. :

The written contract is damning.

Customer:

What would happen if I just tell them "the truck is sitting in the lot, I dont want it, I have another ride home"?

VAMD, Esq. :

You mean, what would happen if you just left the truck at the dealer and walked away?

Customer:

yes

VAMD, Esq. :

They'd probably have a good chuckle because they still got their money.

VAMD, Esq. :

If you leave the truck there, that does not affect the fact that the bank paid the dealer.

Customer:

then tell the bank its at the dealers, I was lied to and the terms I agreed to were not met

VAMD, Esq. :

You'd still owe the bank.

VAMD, Esq. :

The bank would eventually repossess the vehicle, sell it, and sue you for any deficiency.

Customer:

great... :-(

VAMD, Esq. :

You have to keep in mind that the bank had nothing to do with your car deal. The bank just loaned you money to buy it. They weren't a party to the sales contract, however.

Customer:

could I threaten the dealer with going public with my story and the expierence I had in dealing with them?

VAMD, Esq. :

They'll say "I'm sorry that you overpaid. Nonetheless, we gave you the money that you requested, and now we want to be repaid."

VAMD, Esq. :

Yes, you can threaten to make your situation public.

VAMD, Esq. :

You would even contact your local news dealer.

VAMD, Esq. :

news station, not dealer.

VAMD, Esq. :

Typo.

VAMD, Esq. :

If you talk to the salesman on Monday, he may budge.

VAMD, Esq. :

He may admit that a mistake was made.

VAMD, Esq. :

The owner of the lot may cave in if you really do contract the news media.

Customer:

I hope i am able to talk.. I was so angry when I went back yesterday that I would have wound up in jail had he been there

VAMD, Esq. :

At this point, that's the type of remedy that you're stuck with. You have to get the dealer to voluntarily take back the truck or otherwise make this right. You don't really have any legal power to force it.

Customer:

would it be a good idea to as to manager to call the owner and get him down for the meeting?

VAMD, Esq. :

Yes, I understand about being angry.

VAMD, Esq. :

It's outrageous.

VAMD, Esq. :

Car salesmen are the worst.

Customer:

ask the manager* typo

VAMD, Esq. :

If the owner will come, then that is a good idea. Bear in mind that the owner does not have to be present.

VAMD, Esq. :

That's the problem ... since you don't really have any legal recourse here, it is all up to what they want to do.

VAMD, Esq. :

The owner can come or not come. They can make it right or not right.

VAMD, Esq. :

Your recourse would be to complain to the media, the better business bureau, complain online, etc.

Customer:

but in a lot of situations would the owner not be more willing to make it right than just a salesman or the manager that were probable in on the lieing?

VAMD, Esq. :

Yes, the owner is likely more susceptible to making this right, particularly if you threaten complaints to the media. If the owner makes this right, then he may be out a couple of thousand dollars, but that is peanuts compared to what his revenues likely are. But the salesman's commission may be quite small, and a change in the deal may be a big deal for him. Plus the owner is more concerned about his business's reputation than the salesman.

Customer:

OK, Ill ask for the owner when we have the meeting

VAMD, Esq. :

I wish that I had better news for you, and could tell you that you have a legal case against the dealer. But once the contract is signed, it's a done deal.

Customer:

thank you

VAMD, Esq. :

You are quite welcome.

VAMD, Esq. :

I truly wish you luck.

Customer:

Thank you

Customer:

I guess thats all I had for ya

VAMD, Esq. :

Okay.

VAMD, Esq. :

Let me know if you need clarification at a later time.

Customer:

ok, thank you

VAMD, Esq. :

And feel free to let me know how it goes on Monday.

VAMD, Esq. :

Good luck!

Customer:

Thanks!

VAMD, Esq. :

No problem. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.

TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9587
Experience: Licensed to Practice Law
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