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I recently took my bf to look for a new car. When we were at the dealership the dealer said he knew someone who was looking for my car and asked if I would be interested in trading mine. This was something I actually really wanted to do but wasn't thinking of doing for another couple of months. He said he would give me $7500 for it. I told him it had a few minor issues from when someone apparently hit it in a parking lot and that I had an appointment to get it fixed. He said to not worry about fixing it and that he would still give me $7500. So we made a deal on a BMW he had for $10,900. He said I could pay $3k cash on top of my trade in. I was on board until the next day when he said he didn't realize it was a manual transmission (even though he drove it in the parking lot) so it wasnt worth as much. He said he would still give me the same deal if I got it fixed first. So I asked him what it would take for me to not have to get it fixed and he said I'd have to pay 4k on top of the trade in. I figured that fixing my car would cost me almost a grand anyway so I agreed. We signed the bill of sale and he signed the form which states that I paid sales tax. 2 days later he texted my bf to say that I cheated him by selling him a car with a salvage title (which I did not know) and that I would have to pay him another 3k if I wanted to keep the car. He had the title in his hand before we ever made the deal but apparently did not see that it was salvage. Now he is saying that if I keep the car and don't pay him, he is going to hire a repo company and I will not get any of my money back. Can he do this? If I have No legal rights in this I will gladly take my money and old car back, but it seems like this guy has been trying to screw me over since the beginning
This dealer sounds shady and unprofessional. Regardless, he cannot increase the price and make you pay more AFTER the signed bill of sale. What is that guy thinking?! As long as nothing was done intentionally not to disclose any information on the condition of both vehicles, then the deal stands. It is the salesmans fault for not doing due diligence in researching the title condition of your vehicle beforehand, information easily accessible to him. Now he is trying to make you pay for his poor irresponsibility.
I would stand your ground and do not give in to this dealers intimidation tactics. It's sad, but some dealers/businesses will try to bully and get over on those who they feel are not informed on the law and will not put up a fight.
If need be, seek legal consultation from an attorney who may be able to draft a letter to give to this dealership informing them of your legal rights if they want to go to war.
Now he is saying that if I keep the car and don't pay him, he is going to hire a repo company and I will not get any of my money back. Can he do this? If I have No legal rights in this I will gladly take my money and old car back, but it seems like this guy has been trying to screw me over since the beginning
Well, he definitely can take the car back, since you haven't paid as agreed. You should get your money back, though.
Quote:
Originally Posted by BubbaSkinner
This dealer sounds shady and unprofessional. Regardless, he cannot increase the price and make you pay more AFTER the signed bill of sale. What is that guy thinking?! As long as nothing was done intentionally not to disclose any information on the condition of both vehicles, then the deal stands. It is the salesmans fault for not doing due diligence in researching the title condition of your vehicle beforehand, information easily accessible to him. Now he is trying to make you pay for his poor irresponsibility.
A BoS is fine and dandy, but if financing hasn't been agreed upon--I bet it hasn't--then OP and the boyfriend have no leg to stand on.
So, OP, pay or go home.
That's it.
(No lawyer necessary, but I can play one on CD for free.)
P.S. Who in their right freaking mind buys a BMW from a buy here-pay here lot anyway???
OP. Go get a legal consultation (~$0-$50 bucks) to be sure you are in the right - as I suspect you are and then tell the dealer to leave you be or you will sue him and post his name as a welsher.
I just prefer not to finance cars so I pay cash when I can. My bf also bought a car, which he financed. Anyway, I DID pay the amount that we agreed on. And now he wants to change it.
If there's a signed sales purchase order with the blanks are all filled in, and this was a "cash deal" not contingent upon securing financing, showing your trade-in value, taxes, and balance due ... then it's a done deal. Your payment was not a "deposit" on a deal, it was the full and final amount of money you owed to complete the transaction.
As you point out, the dealer had the opportunity to drive the car and know it had a manual transmission. As well, he had "the title in his hand" before making the deal. None of these items were hidden from him, there's no misrepresentation on your part. It was incumbent upon the dealer to satisfy himself via due diligence as to what he was buying, and he's held to the higher standard than you of being a professional in the business.
My bet is that he traded for your car thinking he had a buyer at top dollar and then these two issues came up to squelch that deal. So now he's trying to make up for the prospective loss of an "S" title car by unwinding your deal.
But if yours was a cash deal and everything was signed off on a sales contract at the time you traded your car in and took delivery of his car, it's a done deal upon your having paid the sales contract in good funds.
If the details of the deal are as you've described, you don't need a lawyer.
If this dealer comes back to you seeking more money or fails to deliver the title to the car you've purchased, your next call is to the dealer licensing board. The dealer has to deliver the car and title that you purchased in good faith or he's in big trouble with the state. As well, he has a bond/insurance that will be called upon to make you whole if he fails to perform in accordance with the contract.
@jaypee No the actual title came from somewhere else. I was suppose to be picking it up this week. I am going to contact an attorney tomorrow morning. Seems like it might be a fight to get that title. @sunsprit thank you for that tip. I will see what I can find out about reporting to the dealer license board.
@jaypee No the actual title came from somewhere else.
Like where? Every used car I have bought the title came from the state. It was simply mailed to my home address. Why isn't yours done that way?
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