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After sale......now dealer wants his $500 downpayment?

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  • After sale......now dealer wants his $500 downpayment?

    I bought a vehicle with a dealer for $12998. It was approved with Chase. The dealer told Chase I put $500 down so the loan could get approved. But, between me and the dealer there was no DP. He just showed the vehicle on the loan papers as $500 more. Now after almost a week the dealer emails me that he wants his $500 check? I can pay the $500 with no problem, but I feel misled. Should I pay?
    File Date Feb 1, 2010
    341 Mar 8, 2010
    Discharged and closed May 10, 2010
    Being very careful and wise with fresh start!......Living happily ever after since!

  • #2
    You need to uphold whatever agreement that you signed off on. And... don't feel misled. Both of you were playing that game.
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment


    • #3
      Dang frogger. It's like that, huh? LOL.
      Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

      Comment


      • #4
        Yes, you are correct. We were "both" playing the game. I just assumed that the dearer was going to do an adjustment on his end on his books. The same way that sometimes hospitals and auto repair shops "absorb" the deductible for health or repair claims. I assumed the dealer was going to "absorb" the down payment on his books.
        File Date Feb 1, 2010
        341 Mar 8, 2010
        Discharged and closed May 10, 2010
        Being very careful and wise with fresh start!......Living happily ever after since!

        Comment


        • #5
          Originally posted by drowning123 View Post
          Dang frogger. It's like that, huh? LOL.
          Perhaps I should change my name to:

          "SugarCoat" ?
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

          Comment


          • #6
            Originally posted by Flatbroke1 View Post
            Yes, you are correct. We were "both" playing the game. I just assumed that the dearer was going to do an adjustment on his end on his books. The same way that sometimes hospitals and auto repair shops "absorb" the deductible for health or repair claims. I assumed the dealer was going to "absorb" the down payment on his books.
            You should never assume with a financial transaction. You should pay the $500, and learn the lesson.
            8-07-09-filed Chapter 7
            11-18-09-DISCHARGED!!

            Life is not what challenges you face, but how you face those challenges.

            Comment


            • #7
              I would never assume a salesperson would absorb a cost. That would probably mean less profit for them.
              I may be smarter than an attorney, but I'm not one. No legal advice here, people.
              Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

              Comment


              • #8
                Do you have to pay? Yes. Look at it this way, at least you would no longer be guilty of committing fraud against the bank who loaned you the money for the car.

                Comment


                • #9
                  I had a similar situation, and I did not pay.

                  I bought a truck in 2004. I put $1000 down on it (cash) and traded in another vehicle.

                  Took delivery of my truck, signed my papers, gave down payment. Balance on my sales agreement $0.00. That was it, nothing was every discussed of oweing anything more.

                  A week and half later I get a call from the dealer. They sold the car I traded in (Im thinking "so what?!") but sold it for $500 less than they gave me for it. They wanted ME to give them the $500 difference!!! I told them no, and they harassed me for a week, calling me at work, pranking me at home, threatening to come and find me....

                  Fortunately for me, I called a friend who, at the time, was a local Magistrate. He called the dealership and told them to cut it off or I will be filing charges, and they cannot collect anything more than what we agreed on and signed the sales contract with. They never called me again....
                  Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
                  Discharged 4-17-09!!!
                  Reason for filing: Medical, NOT irresponsibility with credit.
                  "Sometimes you have to fall before you fly"

                  Comment


                  • #10
                    Intoodeep80, that's an interesting situation, but it's not the same. The OP's dealer lied on the paperwork, and the OP agreed to the lied by stating there was a downpayment when there was not.
                    I may be smarter than an attorney, but I'm not one. No legal advice here, people.
                    Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

                    Comment


                    • #11
                      Did you ask the dealer why he wants the downpayment, after he said you didn't have to pay it? if it was his suggestion to do it, i don't think i would pay it without a fight

                      Comment


                      • #12
                        I found the dealer's email wherein he explained that I would not have to pay a down payment...."I had to show $500 cash down… it’s in the deal, you do not have to give me any money… the bank required it, so I had to show it"…...I sent him back a copy of his email. He was very forgetful throughout the 3 week sale process......it could be he just forgot. I sent him his email a couple of days ago and have not heard back from him since.
                        File Date Feb 1, 2010
                        341 Mar 8, 2010
                        Discharged and closed May 10, 2010
                        Being very careful and wise with fresh start!......Living happily ever after since!

                        Comment


                        • #13
                          Typically, salespeople do not have the authority to approve things like this and the dealership finance people most likely demanded that money as part of the deal. It is loan fraud to claim to pay a deposit that you didn't pay, so I would pay the $500.
                          You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                          Comment


                          • #14
                            I have actually had a dealer do this for me in the past. They aren't really eating the cost of anything. They are inflating the price of the car and putting down a down payment that you aren't really making to bring the bottom line to the actual price of the car.

                            If they are now asking you for the payment then you need to tell them they have to modify your buy offer. Because you would now be actually making a down payment.

                            So, I would not pay it without getting them to lower the price of your vehicle by 500.

                            IE: Car is 25,000
                            You don't want a down payment
                            Dealer makes car price 25,500
                            Dealer says you are making 500 down
                            Final price of car: 25,000 (still)

                            Dealer then comes back and says you owe him 500 dollars down. Then price of car should be reduced to 24,500. You're not gonna give him 500 dollars for free.
                            BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
                            Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

                            Comment


                            • #15
                              It sounds like the OP should threaten to call his state's attorney general office and ask what he should do. He could always say that he was just following the orders from the dealer and didn't know that what he was doing was illegal (i.e., play the dumb consumer.) I'm sure the dealer would not want to get in the cross hairs of the AG.

                              Comment

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