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we purchased a truck, they allowed us to drive it home while

they finished the paper work...
we purchased a truck, they allowed us to drive it home while they finished the paper work on the financing. after calling for info about the process, they either didnt call back or were uncommunicatve fo about 10 days. finally the paper work was mailed? rather than have us come in to sign. that was good, but our truck we traded was never paid off , the finance co is constantly calling, yet amonth goes by and they send the title in our name we tag it ,get the title,in our name yet still no paper work for payments and still no trade in paid off. it got worse a month has passed again and they came to get the truck saying we ve never came in to finalize the paper work. we have every comunnication and transaction weve made along with documintation of calls to them and vsits to the car dealer. there was a 500.00 cash down also.. all taxses are paid and the truck in our name. what do we do next
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Answered in 30 minutes by:
12/6/2012
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
You said they mailed you copies of the paper work to sign. Did you sign it and return it? Did you keep copies of what you returned?
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Customer reply replied 5 years ago

yes


 

Customer reply replied 5 years ago

iI have every form evey letter. I even spoke with a loan officer at a bank and he responded that truck is ours and they cant legally take it . the dealerships name is XXXXX XXXXX the title. A lenders name they gave us is but they are not holding the note they never used that co. we have noway of knowing what is intended. Thedealership is a large Chevy dealer. Ive never had a dealer allow a vehicle to be gone without financial resolve for a loan plus not notifing the trade lender immediately for payoff

This is very strange.

I'm a little unclear on what is happening though.

Can you answer the following questions with a yes or no, just so I can be clear?

1. You purchased the truck outright by trading in your old vehicle and paying cash?

2. You don't owe any money on the new truck?

3. The dealership has failed to pay off the note on your old vehicle that you traded in?
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Customer reply replied 5 years ago
Yes to the first one. We are waiting to finalize the financing apparently and they took the truck we had for trade and it's been sold but they never paid that lender
OK,

The short answer is to sue the dealership for fraud and breach of contract.

The actions you need to take are as follows:

1. Send a certified letter to the dealership stating that the deal was you purchased the new truck and traded in the old truck and they were supposed to pay off the loan on it. You've upheld your end of the bargain, but they are in breach. If they don't remedy the breach by paying off the money owed on the truck within 10 days of receipt of the letter and immediately ceasing their attempts to take your new truck back, to which you own the title, you will be forced to file a lawsuit for fraud, breach of contract, and deceptive trade practices and you will seek the maximum damages allowed by the law.

2. If they do not acknowledge your letter, then you should really consider going to see a local attorney to handle this case. It is a good claim and you might be able to find a consumer protection attorney who would take it on contingency. Nevertheless, I would not attempt to handle this lawsuit on your own as there are some fine points of law that will require an attorney.

-ZDN
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
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TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

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