Made mistake of taking car home

[rex444]

Well I think the saga has ended and relatively well. We got our trade back as well as our down payment. I still can't believe how much these guys continue to just make crap up. We arranged for the exchange and the Sales Manager told me "We detailed your car and filled it up with gas." When I arrived and saw my old car it was dirty and when I got in it the gas light was on. I went back in and told him thanks and just walked out. He ran after me to say something about sorry for whatever...i just got in the car and rolled out. Thanks to everyone who helped in this matter.

[eor]

I would contact your state attorney general, no matter what you end up doing with the car. It sounds to me like the dealership is acting illegally regarding the tags and maybe the deal too.

[rex444]

We transfered tags from our trade in and the temp registration has expired because its been two months since we signed the dael and they never submitted the paper work with the MVA. Its Sunday and they still have not gotten our trade back from the auction. I wonder if it was sold and now they are trying to get it back????

Manager is supposed to call me Monday...actually he was supposed to call me Friday evening and never did. I hate to lump all car dealerships and salesmen together but some of these guys are real dirt bags. They don't care about the buyer just making a sale. So frustrating.

[jadams]

Worst comes to worse, just keep on making payments directly to the dealer. Since it's a binding contract, the dealer has to self-finance.

Not if the dealer did everything correctly. Properly prepared and executed unwind provisions are legal and preserve lots of rights for the dealer.

It's possible for a dealer to be required to hold the note themselves if they bork the unwind agreement, but that's definitely not a certain option.

[shabam]

Worst comes to worse, just keep on making payments directly to the dealer. Since it's a binding contract, the dealer has to self-finance.

[RackingJ]

My mother is going through something similar. She bought a car last week and they called her today wanting $500 more dollars for the 'bank' to finish the deal. Sorry, not going to happen. She told them she'd bring the car back and they could give her the down payment back. They started back pedaling and told her they'd call her on Monday.

Funny how they call her on a Saturday when most 'banks' are closed. Trying to get back their $500 to make up for part of the $700 we got them to go below their best deal. LOL

[HakunaMatata]

Thank you so much for the information. I spoke to them today and they are trying to get my trade back from the auto auction. If they get it back (in same condition) and return my down payment I will gladly return our vehicle. But I am not convinced they can get it back. If not than game on.

Rex-

Please gather your documents. Startingover offered wonderful information. What if you legally own the new vehicle? If so, why would you give it back? Sure, it may be easier to just be done with this headache...although, if you have the opportunity to win, I suggest you put up a fight.

[jadams]

I'm sure you've figured this out, but I just wanted to remind you to think really hard before accepting any cash in place of the trade should they not be able to get it back.

I could have a car worth $2000 on trade. Dealer can't find car and gives me $2000 instead. In most cases it costs more than $2000 to buy a car worth $2000 in trade.

In extreme cases you could end up where you can't get another car either because the trade in value was too low for the used market in your area, your credit is bad, or both.

So in that case the car is worth more than the cash value to you because it's something you can drive.

What type of plates are on the vehicle? In my research I saw some memos from the Maryland MVA reminding dealers that you can't use temporary plates on a spot delivery because no bona fide sale was made. You can't register the car yourself because a spot delivery isn't an actual sale. And dealer plates are only valid for 7 or 10 days.

I'm curious how they managed the registration if it's been this long... maybe that's something else they screwed up and would give you further leverage.

[rex444]

Thank you so much for the information. I spoke to them today and they are trying to get my trade back from the auto auction. If they get it back (in same condition) and return my down payment I will gladly return our vehicle. But I am not convinced they can get it back. If not than game on.

[StartingOver08]

Here are some other tips on what to do!

Found a good resource on what you need to do in your situation:

What to know about Spot Delivery: If you signed purchase documents and registration applications and if you obtained insurance for the vehicle, had a new license plate put on the car and/or had your old plate transferred, the car belongs to you.

Spot Delivery happens to unsuspecting consumers throughout the United States. It is very popular with dealers in Pennsylvania, New Jersey and Delaware. If you find yourself in this situation, the chances are good that you have legal remedies available to right this wrong. Tools to Protect Yourself from Spot Delivery or Dealer Fraud:

* Remember that if you have signed papers, you own the car, regardless of whether the vehicle has been financed.
* Your credit was good or the dealer would not have delivered the car to you at the price you agreed to pay
* A finance document showing payments, deposit, interest rate and other financial items is a binding contract, giving you specific legal rights.
* You own the car subject to making payments only. The dealer cannot change that once you take possession.
* Keep all copies of your paperwork and anything else associated with the sale (including calendars, photographs, advertisements). If the finance manager asks for your papers at any time for any reason, refuse! Keep these documents in a safe place, not the car.
* If you are called back to the dealership to sign additional papers, either do not go or do so in a different car than the one you bought.
* Have a friend or spouse drive you and witness whatever is being told to you. This will prevent the dealer from taking your car as hostage, an all too common happening.
* If a dispute arises with the dealer over the contract and the dealer demands the car is returned, park it in a garage or remote location until the matter is resolved, to prevent it from being taken against your wishes.
* Put together a complete timeline of everything that happened from the time you thought of purchasing the car until the car was taken away. Try to remember specific names of dealership personnel and any statements that were made to you during conversations with the sales and finance staff.
* Keep track of all monies you had invested into the purchase, including registration, insurance, down payment and trade. Never pay cash and always get a receipt!

http://www.articlesbase.com/automotive-articles/lemon-law-advice-on-spot-delivery-scams-252524.html

All the tips are good - I bolded some for you just to get your attention.

[StartingOver08]

https://secure.zurichna.com/uug/maintenance.nsf/all/6960F0A9968A01CE85257384006C01C4!opendocument&changemenu=no

[Lookadat]

Your car is in the back lot. It's a ploy to try to get more money out of you. Gives them time to work out another deal with you. How about $2000 more?

[rex444]

There was some paper work about what happens if we don't get financing and it states that the seller shall return any trade vehicle and shall refund any cash deposit. Tomorrow will be interesting because the head of used cars told me it might be until Monday before they can get my trade back because it was accidentily sent to auction. I read that as he has no idea where my trade is and is worried, as he should be. I'm not seriously going to cry and I'm actually not upset anymore as this is simply amazing that this is going on. They brought up swapping cars and returning my down payment earlier in the week or we could try to come up with more downpayment. Today when we spoke I told him lets just arrange the swap....then he could not find my car. Funny huh? I'm in MD.

[jadams]

What state are you in? Some states regulate spot deliveries much more than others.

Read through your paperwork -- there should be something referencing the spot delivery, unwind provisions, etc.

If they've already sold your trade, be very careful what you accept. That's a big no-no in spot deliveries, and opens them up to liability (i.e. more negotiating power for you). They need to "make you whole" when unwinding. That's difficult to do when you can't just swap keys.

You may have lucked out and gotten a dealer that didn't cross all their t's and doesn't have proper unwind previsions in the paperwork (and thus becomes obligated to hold the note themselves).

Considering the amount of time that's passed since the original transaction and the possible sale of your trade, they should be very amenable to negotiation.

[HakunaMatata]

This is is getting funny now. The dealer called back and said our trade was sent to auction and they are trying to get it back. I'm not sure whether to laugh or cry :-)

Oooohh...this is getting interesting! You've been dealt additional cards and my guess is these folks want you to fold (panic because your trade is MIA and come up with the additional funds). Don't forget, the cards are now in your favor. This is not a time to panic, this is not a time to fold. Rather, this is a time to win. The dealership will have to negotiate a deal with you and you have far more knowledge now. Of course, this could be another tactic, a grand bluff. If so, default to your original plan and demand these folks return your car to you. Do NOT offer to drop off/pick up. You have leverage here. Your trade may arrive in unsatisfactory condition -cosmetically altered, far too many additional miles (you know, from going to auction and back), too little gas (because you traded it in with a full tank).

Prior to the alleged MIA trade, had you solidified your intentions of returning the vehicle? Did the dealership attempt to offer any alternatives (aside from the aforementioned extra $4k)? Has the topic of financing resurfaced?

Please laugh, these people aren't worth a tear! Hang in there!