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Going to jail for getting a good deal at car dealer

Discussion in 'The Okie Corral' started by berto62, Sep 28, 2012.

  1. devildog2067

    devildog2067

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    Depends on what's wrong with the original contract. I've never attempted to pull this "scam" but I have definitely had to bring people in to re-sign before. In most cases, what you say about the person being able to keep the car isn't true.

    Sometimes it's because they didn't get financed with the terms we hoped to get them financing for. The contracts are specifically written contingent on the financing getting bought by a bank. This was rare, but it did happen. In these cases, the person had only a few options: come up with the financing themselves, come up with cash, re-sign a new contract with new terms or give the car back.

    More commonly (still rare), people would have to come in and re-sign because the VIN was wrong on their contract (part of the F&I manager's job is to check the VIN on the car against the VIN on the contract, but sometimes things get missed). In this case, the person does not own the car that they're driving. They have to bring it back.

    A google search for Glock kaboom gives 100k+ hits.. how "common" do you think those are?

    I'm telling you, as a guy who made a living selling cars and running a car dealership for several years, what I saw and experienced. You can choose to believe me or not, that's up to you, but I think it's fairly obvious that I'm probably a better source of information than a google search. Google searches will not give you an accurate picture of how frequently bad things happen due to selection bias.
     
  2. FCastle88

    FCastle88

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    Your examples are a completely different issue. We're not talking about someone having their financing declined, or the VIN number screwed up on the paper work. What we are talking about is someone paying off the car in full, or getting their own financing, and then the dealer claiming that they didn't charge enough for the car and the buyer has to fork over the extra money. In this situation, depending on the contract and state laws, most of the time the buy can tell them to pound sand.

    I agree that google tends to make the issue look exaggerated, but I know people who have had dealers try this scam. Are the posters on here and the people posting comments about the dealership doing it in the past all making it up?
     

  3. Kilrain

    Kilrain Señor Member

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    Sure someone can keep the car. The dealership then has the option, depending on the error in the contract, to sue them and/or repossess the vehicle. It's just that simple, it is civil contract dispute no matter how you cut it. Additionally, no matter what the wording is in the contract, the proper method of resolution is either through negotiations or civil court.

    Google won't but some random guy on a discussion board will? :tongueout:

    (This was just a little jab, I believe you have more direct knowledge about it than I but I just couldn't resist....)
     
  4. devildog2067

    devildog2067

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    I'm not disagreeing with you.

    What I am saying is, there is a good chance that if a dealership pulls this kind of thing, the person will say "screw it, here's your car back" and the dealership will lose the deal entirely. Once a car rolls over the curb, dealerships are very very reluctant to mess with the paperwork for any reason. Trying to chisel another few hundred or few thousand dollars out of someone simply isn't worth taking a chance on most of the time.

    Of course not. I'm sure it happens sometimes. In other cases, I know for a fact (because I've seen it) this is how people remember deals where they didn't get financed on the terms that they hoped they would.

    I remember one time I sold a car to a guy, good credit, got him 4%-ish, straightforward hassle-free deal. The next day he quit his job. The day after that, the bank called to confirm his employment, and when they discovered he didn't work there anymore they yanked his financing. I had to call him back in and explain that he either needed to sign a new contract at 7% (with a lender that didn't do income verification) or give the car back. He then proceeded to tell anyone who would listen that we had "screwed him by changing the contract after it was signed."

    Ah, I see what you're saying. Yes, of course someone "can" keep the car, I'm not going to go to their house and take it.

    I called the cops a few times--when cars didn't come back from test drives, for example. Also, one time we had a guy write a check for a car, I called the bank to make sure he had the funds, and after he left the dealership he drove straight to the bank and cleaned out his account. I forget the details of why the cops were involved but I think that made it criminal fraud instead of a civil thing.

    I said it on the internet, so it must be true!
     
  5. Kilrain

    Kilrain Señor Member

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    Sure, sure, but you are talking about straight out, blatantly obvious crimes being committed. In that case, of course law enforcement should be involved. This case, however, appears on it's face to be nothing of the sort. Kinda apples and bananas comparison.

    Yes, yes! :supergrin:
     
  6. tslex

    tslex

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    Shortly after I became a lawyer, my mother- and father-in-law bought their first ever nearly new car. Bought a 1-y-o car from a dealer.

    They get it home and three days later get a call that "A mistake was made on the deal" and they were "improperly undercharged" as the result of a "mistake in the negotiations" and they needed to pay an additional $2,189.99 (or some similar precise figure) or return the car.

    It was a pure scam -- the contract they signed was clear as glass and this was just a hold-up.

    I'm a second-career lawyer, so I was 36 and was working at one of the the biggest law firms in town. So instead of the immigrant car mechanic with the accented English, the dealer gets a call from the middle aged lawyer (hey THEY didn't know I'd been practicing about a month) at the big, bad firm. I come on very strong, make some noises about the attorney general's office and "quiet enjoyment" and what not. It was the last they were heard from.

    But I wonder how many other folks were strong-armed into paying more.
     
  7. G23Gen4TX

    G23Gen4TX

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    I want to see the specs of the two cars. Did he really get a car that is worth over $5000 more than the one he originally purchased?
     
  8. G23Gen4TX

    G23Gen4TX

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    Also, when I bought my 2006 Honda minivan my then wife, decided to switch color in the last second (don't get me started on that). The dealership said fine but then they wanted $700 more for a car with the same exact specs but different color.

    We walked out. Bought the car in another dealership for the original price.
     
  9. redbaron007

    redbaron007 Some Dude Lifetime Member

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    This is a question I wondered about too. Another reason this dealership my not want to go through discovery. There could be a bilgillion of these laying around. If any more pop up from the past and notify the AG of the state......well...the dealer may have some splainin to do. :supergrin:


    :wavey:

    red
     
  10. Drilled

    Drilled

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    I don't buy new cars very often. But when I do I insist on the same price employees get or better depending on time of year.

    Since I have friends that work for the car companies I always know what they would pay out the door on a vehicle.
     
  11. nursetim

    nursetim

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    Due to the Mala en sae (sp?) involved, I still stand by my every cent remark. Yes I'll spend a stupid companies money freely. They deserve to get hosed for their greedy and malicious act.
     
  12. RightGlock1

    RightGlock1

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    About 7 years ago, I traded in a 1994 Mitsubishi Montero to a local dealership. The vehicle had a broken woodruff key in the crankshaft. It was going to need a new crank.
    The dealership allowed me $ 1,800 on a trade in. A dealership employee bought it, put an engine in it and did some off roading with it. The truck was stuck on a trail with mud and grass. Hot catalytic converter ignited the grass, truck caught fire and burned to a crisp.

    The dealer tried to get us to come in and sign new paperwork that would essentially increase our purchase contract by the $ 1,800 dollars. Guess who the guy was that called us for the paperwork? The one that bought the truck, he was the finance guy.

    In the nicest of ways, I told him to fornicate himself several times. It was shocking that they would do that. We did report it directly to the owner of the dealership. They did not do squat. I was expecting anything from it, I thought the guy should be reprimanded.
     
  13. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

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    Sounds like sloppy police work to me. If the guy paid cash then he should have had a receipt for the vehicle. The police should have investigated it more thoroughly determined it was a Civil matter and done nothing. ( Other than arresting the manager for filing a false report.)
     
  14. RonS

    RonS Millennium Member

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    Car dealers are mostly scum. Then there are the bad ones.

    My wife worked in the business office and did title work at a local dealer. She quit because she couldn't face the customers when we ran into them in stores and social functions, it was too embarassing to know what the dealer did to them. Heck, the service department even cheated her on a repair while she was working there.

    They had one old farmer who was a widower. I think they sold him something like 8 vehicles in 2 years. He was old and half senile and lonely and would come in and the salesmen would sell him on the latest thing. They made a mint off of him.
     
  15. 427

    427

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    The more expensive one probably got the protection package - paint sealant, fabric/vinyl/leather protectant, and undercoating. :whistling:

    One can get all that done for under $50 and an afternoon.
     
  16. larry_minn

    larry_minn Silver Member Millennium Member

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    Had similar on NEW pickup. On test drive there was noise in front end. Seems they got a batch of "non-concentric" shafts. So I said "fix it before I even consider" They said. "we will fix it ONLY under warrenty" I didn't buy.
    I had signed in ink contract with dates, unit #s etc. Was not worth paper it was written on.
    I deal on car/truck KNOWING the sales guy will lie. That way you don't get upset.
     
  17. ilgunguygt

    ilgunguygt Enslaved in IL

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    That may have been poor explaaining by the dealer. When I was a toyota tech, if a car failed the delivery inspection, or if there was a problem before it was purchased we were not allowed to fix it. The concept is that the dealer could "make up problems" to rip off the manufacturer by making them pay for the repairs. Until a customer paid for it all we could do was send it back to Toyota.
     
  18. jp3975

    jp3975

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    It was my understanding that the buyer decided they wanted a different color. The new color cost more with the better options, but they forgot to add the new price in the contract.

    So that's why they where undercharged by so much.

    The dealer should have just accepted their mistake. After reading that story, Id never buy a car from them. Id imagine they've lost a lot of sales over this.
     
  19. CarryTexas

    CarryTexas

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    I am sure if the error was in the dealer's favor they would have made every effort to refund his money... :rofl:
     
  20. Peace Warrior

    Peace Warrior Am Yisrael Chai CLM

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    Almost the same thing happened to me once, but the dealer made the whole "mistake" thing about not be able to find financing. My lawyer-Pastor's advice was to take back the vehicle and call it a wash as the dealer's owner was also a Christian. We both walked away clean.

    I do not blame the car buyer on this one though. I hope the dealership has to pay the 1.1 mill for locking this guy up. They went WAY WAY WAY over the line sending him to jail.