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Old 04-06-2013, 07:38 AM
 
Location: Log "cabin" west of Bangor
6,953 posts, read 8,109,914 times
Reputation: 15109

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Quote:
Originally Posted by Sabinerose View Post
Zymer's story amazed me. I cannot wrap my brain around the senario that happened that day. The dealer should have given you your money back the instant that they realized the title wasn't available immediately. I would suggest paying an attorney a minimal fee to write a nice little letter for you that states 'give me the title NOW or every penny of my money back, plus the fee I paid the attorney, plus x-number of dollars for the hassle and inconvenience you've caused me'. They have to be in some sort of breach of contract with you.
The thing of it is, they knew that they didn't have the title before they accepted my cash- all of the other paperwork was there and filled out, I forked over the cash, signed the papers, they gave me a receipt and then immediately said that the title was 'missing'.

Here's the deal though- I want that truck. Here in ME people are asking some ridiculous money for trucks, and the crap they put on the roads eats vehicles quickly so it's tough to find an older vehicle that doesn't have so much frame and body corrosion as to make it impractical to purchase due to the cost of putting it into inspectable condition (or, in the case of frame corrosion, being practically worthless).

This particular truck has a frame that is in excellent condition, the body is solid and it has less than 100k miles on it so it's a fairly good bet that this truck is going to last me a few years. I've been looking for a deal like this for months, I've seen trucks with twice the mileage and considerable corrosion issues going for *more* $ than this one.

I don't want my money back, I want the truck. It's not the wait that irks me, I have been looking since January and was willing to wait to find the right vehicle at the right price. What ticks me off is the sneaky, underhanded way they did it- if they had told me up front, before taking my dough that they didn't have the title in-hand and that I might have to wait a while for it so that *I* could make the decision of whether to proceed with the deal, I wouldn't have had a problem with putting down an earnest money deposit and waiting for the title issue to be cleared up. In the meantime, I would still have the bulk of my money available in the event that I were to find another deal that fit my needs (older, used but not used up, 4WD, 8' bed, a no frills work truck that I can expect to get another 15 years out of like my last one)...but they were so greedy to get their hands on my cash that they chose to conceal the title issue until after they got it. Without having the title in-hand, they don't know that the title is clear and transferable.

I can understand that mistakes can happen, I looked at the truck and made the decision to buy on the same day that it was traded in and the previous owner drove off in a new one. Although I think it is rather incompetent of them not to ensure that they had title to the trade before letting the guy drive off in a brand new vehicle, OK, stuff happens...but to know that they didn't have the title, and to know that *they* didn't even know if the title was clear to transfer and to take my money before disclosing this fact is just slimy, if not outright fraudulent and [technically] illegal. The fact that they charged me a 'doc fee' for in a situation where the docs were incomplete/missing just adds insult to injury. (In more than 35 years of buying vehicle I have never paid a 'doc fee' to a dealer and, in fact, had never even heard of such a thing until recently. Maybe I was just lucky, as according to my research over the past 2 weeks it seems that this is not an uncommon practice in many states.)

Incidentally, I *do* have an attorney on retainer and I *will* sic him on the dealer if it seems to be necessary. However, I would *prefer* to just have this cleared up so I can get the truck and get busy- Spring is here and time's a-wasting, I have to pick up new trees for the orchard (which got destroyed in a freak windstorm last Fall) and all of the other hauling and other chores necessary for a small farm/orchard operation.

This particular truck is exactly what I need- it was ordered with a high payload option from the factory, factory-prepped for a snowplow, the frame is in excellent condition, body is decent, relatively low miles on it and the motor looks and sounds good, no fluid leaks, it hasn't been abused and tortured by taking it off-road mudding as is common around here.
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Old 04-06-2013, 08:41 AM
 
Location: West Michigan
12,083 posts, read 36,797,592 times
Reputation: 16952
Zymer, that sounds just like the Varny GMC I remember. When I was living in the County, I drove down to look at vehicles, Varney had one, but they were so slippery/slimy I left. The salesman couldn't keep the same story about the vehicle if asked a couple questions. It was a truck that went from being a local trade-in by a businessman, to a local trade in by a lady, to one they picked up at auction the week before, etc... he told me about 6 different back stories, NONE of which meshed with what the vehicle itself was telling me by it's condition and problems that were plainly visible.

If you found what you want though, they always did have decent prices.
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Old 04-06-2013, 12:46 PM
 
7,280 posts, read 10,084,436 times
Reputation: 11483
Why you never ever pay cash for a vehicle unless the title is transferred at the same time.

Waiting for a title? Hey, call me when you have it then we'll talk.

They took your cash fast enough didn't they? If you want to see the true predicament you are in try this:

Call the dealer and say you want your money back and will consider buying if and when they can actually sell it. See what they say. I can almost guarantee they will stall, give you a line and then it will be a very long time before you see a dime.

If after all the comments on this topic you still piddle around asking what you should do, not too much left to say.
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Old 04-06-2013, 01:02 PM
 
Location: Eastern Missouri
3,046 posts, read 5,795,681 times
Reputation: 1390
Quote:
Originally Posted by Zymer View Post
The timing of this thread is funny (not really)- I just 'bought' a truck, more than two weeks ago at Varney GMC in Bangor, ME. It was a trade-in (trading up to a new one). I paid cash, in full, plus title fees and sales tax, plus paid for insurance and excise tax...but I still don't have the truck.

After I paid for the truck and signed all of the papers, I was informed that they did not have the title in hand ('somehow', that little detail had been 'overlooked'). I was told that the previous owner had to get it from home and bring it in. The next day, I was told that the owner had the title in a safety deposit box at the bank, and he had to get it and bring it in. The day after that, I was told that the owner *didn't* have the title in his safety deposit box at the bank, and that he was going to 'turn his house upside-down' to find the title and bring it in.

Which story is true? Any? None?

Next, I was told that the [previous] owner couldn't find the title at all, so they (the dealer) was going to file a 'lost title' application (with the extra fee for an expedited search) at 'their expense' (yeah, no sh*t, Sherlock, like they were doing *me* a favor?). I took it upon myself to go to the BMV (RMV, DMV, Registry...whatever you want to call it) to obtain the information which would allow them to get the information they needed (really, just needed the previous title number to go on the new application, which the woman at the BMV could see but cannot, by stupid law, give to *me*) in one day rather than the '7-10 business days' for an 'expedited' title search, which I promptly relayed to the dealer (like, they wouldn't already know this?).

Yet, here I sit, more than two weeks later...they have my money, I still have no truck.

I feel for ya, buddy. You aren't alone in the 'screwed by dealer' waiting area.

(And, the worst part is, I paid a 'Document Fee'...for what? The five minutes it took for the clerk to type up the info on the docs I signed? It sure as heck didn't get me what I needed! AS far as I can tell, the 'Doc Fee' is just another way to pad their profits and snatch a little more money out of the consumers' pockets.)

Call the State. They are violating State law on dealers. They can not sell a vehicle that they do not have title to. Same thing the O.P. is going to have to do. Dishonest scammers is what they are!
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Old 04-06-2013, 01:06 PM
 
Location: Eastern Missouri
3,046 posts, read 5,795,681 times
Reputation: 1390
Quote:
Originally Posted by nitram View Post
Nothing can happen until there is a clear title. And I'd check the title to see that it's not a 'salvaged' title before I put any money into this transaction..

YES!!! A V.I.N search is in order on these trucks! Mant States still will process a salvage title as a normal title, basicly "cleaning up the title" for dealers. Usually when there are problems with titles from dealers, it's title is being "washed".
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Old 04-06-2013, 01:10 PM
 
Location: So. of Rosarito, Baja, Mexico
6,906 posts, read 20,524,163 times
Reputation: 6697
A contract is only LEGAL when "MONIES" and "Property" have been exchanged otherwise is "NULL and VOID".

Op has NOT paid any "MONEY" thus is can walk away Clear and FREE.
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Old 04-08-2013, 12:46 PM
 
7 posts, read 11,425 times
Reputation: 15
*********UPDATE********
I was just informed that they got their stuff in this morning from the previous deal, that I can come pick the truck up this evening. WHAT CAN I DO TO ENSURE THAT ITS THE TRUTH SO THEY DON'T TRY TO TAKE THE TRUCK BACK??
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Old 04-08-2013, 12:56 PM
 
Location: Cole neighborhood, Denver, CO
1,123 posts, read 2,823,458 times
Reputation: 1252
Quote:
Originally Posted by mgshouston View Post
*********UPDATE********
I was just informed that they got their stuff in this morning from the previous deal, that I can come pick the truck up this evening. WHAT CAN I DO TO ENSURE THAT ITS THE TRUTH SO THEY DON'T TRY TO TAKE THE TRUCK BACK??
You can show up this evening and pick up the truck.
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Old 04-08-2013, 01:56 PM
 
Location: Grosse Ile Michigan
29,734 posts, read 72,499,205 times
Reputation: 37191
They made a conditional deal with the prior owner. He gave them that truck and took a newer vehicle. They are waiting for him to make the down-payment and/or get financing approved. If the deal unwinds, he will have to bring back the new vehicle and they will have to give him back his truck. I do not know how common it is, but I have had dealers push me to take a vehicle pending final approvals etc. The one time I did it, they called me and told me the financing had been approved, but at a higher rate. I brought it back and told them to give back my car. They claimed to have sold it, but it was sitting in the back of their lot. Then they said they could give me the lower interest rate, but had to increase the agreed sale price. I declined. Finally after making me sit around for two hours they came out and said the manager had agreed to the lower interest rate if I would pay an extra $500. I told them to get my keys and they went ahead with the original deal. Shortly after that I learned the golden rule of used car buying - never ever buy a used car from a dealer.
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Old 04-08-2013, 01:57 PM
 
Location: Texas
1,922 posts, read 2,595,426 times
Reputation: 950
Quote:
Originally Posted by mgshouston View Post
thanks for responding...I didn't have a trade in. I bought a trade in that they are waiting to get paid for. They keep telling me they are waiting for the check to come in the mail. If i have already signed the contract and been approved for the loan. Can they keep me from getting this truck if its been sold to me?

They are waiting for a clear title on the vehicle. They can't sell a vehicle without a title, but at least now you know what you are waiting for.
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