We bought a car, and wrote a $500 check as a down payment. 10 days later, the dealer called us, saying the miles were too high on that car to finance. We live 3 hours from the dealer. We told them that we couldn't drive that far to come back to look at another vehicle. They told us that we needed to bring the vehicle back within 24 hours, if we wanted our down payment back. We both missed work the next day to return it. When we got there, they said that the person we were working with had been sent home for the day, and gave us the choice of having a voluntary repo on our credit, or giving up our deposit as a restock fee. They then offered us in house financing. We had already bought another vehicle the night before in our city because they had said this one wasn't going to work. When we tried to argue what they had said the day before. They said it was hear say. Later I saw they had cashed our check the day before. We are in Oregon. I'm just looking for some guidance....
2007-03-21 11:58:21 · 7 answers · asked by BossMama 2 in Politics & Government ➔ Law & Ethics
Sorry, the headline question got messed up...I know i should have omitted the word "get".
2007-03-21 12:01:41 · update #1
They also told my husband that if we fought forfeiting our down, that they would charge us for the damage on the vehicle. There were nicks on the vehicle when we bought it...its four years old! I'm afraid they will countersue us. I guess that's the only thing stopping me.
Thanks for your suggestions. I just looked up the better business bureau, so I'm thinking of starting there. Anyone ever dealt with them?
2007-03-21 12:08:31 · update #2
it may depend on what's in writing, if anything.
it's worth taking him to small claims court, even if you lose, you will only be out court costs.
also file a complaint with your county district attorney, the state's attorney and the BBB.
also post a gripe on angieslist.com
2007-03-21 12:15:12 · answer #1 · answered by chieromancer 6 · 1⤊ 0⤋
Yes, because they scammed you even if in the long run you don't get the money back. It will show that people can't take advantage of you like that. I think you might have a case. I suggest you talk about it with a lawyer to think if he thinks it's worth it. It sounds like they knew either the cars miles were to high to finance beforehand and should have told you before you made the down payment, or they're trying to use a bait and switch method or even a method that's legal but not morally right . The practice may be in that gray area as to be fully legal. Heck if you find the right lawyer they might even do the case pro bono or at no charge to you.
2007-03-21 12:14:40 · answer #2 · answered by matt2571483 2 · 1⤊ 0⤋
small claims court is not difficult . You can attend on a day off to see how things go but it takes time and certainly is not without stress. How valuable is your time? Do you need the stress? Can you have more time off? There is some satisfaction in doing this as you learn how the system works also a good thing. Also learn by your mistakes. Take public transport--- a pain but cheaper. Do not pay deposit until the credit has been OK if they don't want your business go else were. It's your money,your time and as you have learnt frustrating !
2007-03-21 12:20:20 · answer #3 · answered by njss 6 · 0⤊ 0⤋
Get all your paperwork together. Make notes of all the conversations you had and with whom. And contact your local Attorney General. They are trying to rip you off. I wonder if they are associated with Baron Auto here in NY. They pulled something with my husband. The car had over 10k worth of damages just months before he bought it and they didn't disclose the information.
Your attorney general will help you out. They can get your name cleared. I am sure that if you threaten them they won't flinch because they have plenty of class action suits against them already. But hurry up and get this going. They can kill your credit.
They really messed with you. They shouldn't have let you take the car in the first place without having the financing all set. It's their problem, not yours.
2007-03-21 12:16:06 · answer #4 · answered by FaerieWhings 7 · 1⤊ 0⤋
These guys are scammers. This is a small amount of money for lawyers. See if you can use the small claims court. No lawyer is needed there. Write everything down that happened. Include names and so on. Then you will not forget it when it comes time to go to court. I think it is almost certain the judge will order them to give you your money back.
2007-03-21 12:03:47 · answer #5 · answered by ignoramus 7 · 1⤊ 0⤋
No it not legal headache, take damn dealer to small claim court.
Ask for 500 back, plus interest, and whole 9 yard of trouble.
I am sure dealer will get a headache, lost of time, and bad publicity.
2007-03-21 12:07:07 · answer #6 · answered by Anonymous · 1⤊ 0⤋
There is a simple solution to your Legal matter. Try the sites below, watch the movie presentations. Yes, it is worth getting your $500 back! If you have any questions, please contact me.
2007-03-21 12:48:19 · answer #7 · answered by citronge69 4 · 1⤊ 0⤋