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Started By
Message
Car buying problem...any recourse?
Posted on 5/28/13 at 2:35 pm
Posted on 5/28/13 at 2:35 pm
My daughter bought a car from a dealer yesterday. They didn't have the car on their lot but would pick it up from another dealer today and have it ready by the end of the day.
Now they are telling her the dealership hasn't released the car to her because someone is on their lot looking at it. They don't have a clue when they can get it.
She signed the paperwork yesterday and had her insurance transferred to this new car.
She is now driving the car she traded in with a temp tag because it belongs to the dealership.
So some yahoo at another dealer can test drive the car that she legally owns?
The paper work states there is no legal cooling off period to cancel the contract.
She doesn't want to buy this car from this dealer because they didn't disclose all of these possible issues to her.
Can she get out of this contract?
Now they are telling her the dealership hasn't released the car to her because someone is on their lot looking at it. They don't have a clue when they can get it.
She signed the paperwork yesterday and had her insurance transferred to this new car.
She is now driving the car she traded in with a temp tag because it belongs to the dealership.
So some yahoo at another dealer can test drive the car that she legally owns?
The paper work states there is no legal cooling off period to cancel the contract.
She doesn't want to buy this car from this dealer because they didn't disclose all of these possible issues to her.
Can she get out of this contract?
7
Posted on 5/28/13 at 2:43 pm to ProudLSUMom
quote:
The paper work states there is no legal cooling off period to cancel the contract.
WHAT?????
Posted on 5/28/13 at 2:47 pm to Vols&Shaft83
She just took a picture of that on the contract and sent it to me.
It states:
State law does not provide for a "cooling off" or cancellation period for this sale."
It states:
State law does not provide for a "cooling off" or cancellation period for this sale."
Posted on 5/28/13 at 2:50 pm to ProudLSUMom
Without getting into a bunch of legalese that I don't even know, it seems like they are in breach of contract for, you know, not giving her a car. 
Posted on 5/28/13 at 2:51 pm to Walking the Earth
quote:
Without getting into a bunch of legalese that I don't even know, it seems like they are in breach of contract for, you know, not giving her a car.
They don't state a delivery date on the contract, so I guess they can legally do that unless the car is sold.
I hope this other dealer sells the car, then this contract would be void. Then we would proceed to another dealer pronto!
This post was edited on 5/28/13 at 2:54 pm
Posted on 5/28/13 at 2:53 pm to ProudLSUMom
If its a new car what possible issues could there be?
There is no cooling off period in any state for autos. I guess its only on the contract because some people actually think it does exist. The sale is final unless there is a lemon law issue or financing fails.
There is no cooling off period in any state for autos. I guess its only on the contract because some people actually think it does exist. The sale is final unless there is a lemon law issue or financing fails.
This post was edited on 5/28/13 at 2:55 pm
Posted on 5/28/13 at 3:03 pm to ProudLSUMom
Wait.
If she gets in an accident or otherwise damages the old car while they are stringing her along, is she liable for the cost of both cars?
If she gets in an accident or otherwise damages the old car while they are stringing her along, is she liable for the cost of both cars?
Posted on 5/28/13 at 3:08 pm to Volvagia
quote:
Wait.
If she gets in an accident or otherwise damages the old car while they are stringing her along, is she liable for the cost of both cars?
No, as I understand it she is only liable for the new car now.
Posted on 5/28/13 at 3:08 pm to ProudLSUMom
sounds like a disaster. was the VIN# not on the contract?
This post was edited on 5/28/13 at 3:09 pm
Posted on 5/28/13 at 3:13 pm to ProudLSUMom
Technically she does not legally own the car yet because the dealership that made the deal with her does not yet own the car. They made a promise they might not be able to keep.
The contract she signed was for a particular VIN at another dealership, correct? If they do not provide her with that exact car then she can get out of that contract.
It stinks that the dealership did this, but they do this all the time. They sign somebody up for a vehicle that is not on their lot that they have not come to an agreement to get from other dealership. The dealership is hoping that they get it, but if they don't then they will try to get her hot on another vehicle.
Also, the other dealership will not sell it to the local dealership if they have somebody else wanting to buy it.
Let's say that the local dealership does in fact get a hold of this car....I am not sure if she can cancel the contract because they are delivering what she signed up for. She could probably get out of it if she causes a big enough ruckus. If they do not come thru with this car then she can definitely get out of it.
The contract she signed was for a particular VIN at another dealership, correct? If they do not provide her with that exact car then she can get out of that contract.
It stinks that the dealership did this, but they do this all the time. They sign somebody up for a vehicle that is not on their lot that they have not come to an agreement to get from other dealership. The dealership is hoping that they get it, but if they don't then they will try to get her hot on another vehicle.
Also, the other dealership will not sell it to the local dealership if they have somebody else wanting to buy it.
Let's say that the local dealership does in fact get a hold of this car....I am not sure if she can cancel the contract because they are delivering what she signed up for. She could probably get out of it if she causes a big enough ruckus. If they do not come thru with this car then she can definitely get out of it.
Posted on 5/28/13 at 3:17 pm to mglsu21
The vin is on the contract. I don't understand why they would let you sign the papers if they don't know for sure that the other dealership is releasing the car or not.
If they would have explained that there was a possibility that the dealership might delay or not release the car at all, she would be a little happier.
If they would have explained that there was a possibility that the dealership might delay or not release the car at all, she would be a little happier.
Posted on 5/28/13 at 3:21 pm to ProudLSUMom
quote:
I don't understand why they would let you sign the papers if they don't know for sure that the other dealership is releasing the car or not.
Because dealerships are scummy. I would know, I worked for one for a little while. However ours was not too bad in comparison to most.
Posted on 5/28/13 at 4:59 pm to mglsu21
quote:
However ours was not too bad in comparison to most.
of course it wasn't
Posted on 5/28/13 at 6:08 pm to the LSUSaint
Great contribution to the thread.
Posted on 5/28/13 at 8:48 pm to ProudLSUMom
quote:
No, as I understand it she is only liable for the new car now.
If she gets in an accident, you don't really believe that the other party is going to sue the dealership only, do you?
Posted on 5/28/13 at 9:40 pm to ProudLSUMom
quote:
The paper work states there is no legal cooling off period to cancel the contract.
FYI. If this is in LA this verbiage isn't even necessary since by statute there isn't any cooling off period on auto purchases.
Also, any reputable dealer will "unwind" this deal in a heartbeat.
On another note, it sounds as though they sold you something they didn't own. I'd have them produce the car on the contract or simply walk away. Threaten to give negative reviews of them every place imaginable including the manufacture.
Posted on 5/29/13 at 7:05 am to MikeBRLA
They called her last night and told her they are picking up the car this morning and should have it ready for her by noon. I hope they come through.
Posted on 5/29/13 at 7:24 am to ProudLSUMom
quote:
They called her last night and told her they are picking up the car this morning and should have it ready for her by noon. I hope they come through.
Sounds like the person on the other lot does not want to buy it. Hopefully it works out like your daughter is wanting.
Stinks that the dealership has to be so shady. If they were up front about it from the beginning then she would not be so upset. Because of reasons like this some dealerships will lose tons of business because of word of mouth bad publicity through friends and family.
Posted on 5/29/13 at 9:24 am to ProudLSUMom
it appears that the dealer she is buying from traded with the other dealership in good faith to get the vehicle she wanted, however, the other dealer is not holding up their end of the deal because they had a potential buyer for that unit on their lot. bird in the hand, so to speak.
yes, she could have gotten out of that deal since she hadnt taken delivery of the unit yet. but, it sounds like it is all going to work out. the dealer she is buying from really didnt do anything wrong, for what its worth.
yes, she could have gotten out of that deal since she hadnt taken delivery of the unit yet. but, it sounds like it is all going to work out. the dealer she is buying from really didnt do anything wrong, for what its worth.
Posted on 5/29/13 at 8:54 pm to jjbodean1970
I would go to the general manager of the dealership, skip everyone else
Demand your car in 24 hours- also any miles of 100 you want .50/mile deduction from sales price, if any damage exists to car, deal is off
or tell the dealer you would like to select a car of equal or great value on his lot
IF GM balks at anything- inform him your attorney will be contacting him along with the state Attorney general
You can thank me later
Demand your car in 24 hours- also any miles of 100 you want .50/mile deduction from sales price, if any damage exists to car, deal is off
or tell the dealer you would like to select a car of equal or great value on his lot
IF GM balks at anything- inform him your attorney will be contacting him along with the state Attorney general
You can thank me later
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