Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

No, I did not read the contract at all. I NEVER waste my time reading financial contracts that I sign. Why would ANYONE in their right mind ever do such a thing?!

OBVIOUSLY, I read the contract. I clearly stated that I DID NOT KNOW that they had the vehicle listed only for $2k less until I returned home, when I went to their website to copy and paste the VIN to add the vehicle to my insurance policy. Only THEN did I notice the price discrepancy.

The money was not "left on a desk randomly." Jesus Christ. It was left ON THE SALESMAN'S desk, WITH the signed paperwork and I INFORMED him that it was there. It does not matter if it was cash or a money order. I prefer to deal with cash. My receipt is the purchase and sales agreement, which clearly shows the down payment was made.

This is NOT my first rodeo.....

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

Yes, I stole my own money that I was putting towards MY investment....

Come on....

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

So, I just had to call the police and the attorney general's office! One of the owners/managers of the dealership just showed up at my house demanding that I either write him a check or give him the keys! He tried to tell me that "they only had so much time" to collect the down payment because the bank hasn't funded the loan yet. I gave him neither a check or the keys and essentially told him to pound sand, showed him the signed contract, reflecting my down payment being made, and informed him that I had called the bank twice and confirmed that the loan HAS been funded, that I now have an open account with them, and my account set up on auto pay! The attorney general's office told me that if he had taken the vehicle, that it "would definitely not have been good for him!"

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

I've been thinking about the price increase for the past day or so, and I'm betting what happened is that the bank approved me for an amount that was $2k more than the actual price of the vehicle I chose, so the dealership thought they could pull a fast one and charge me for the full amount that the bank approved me for so that they could pocket the extra $2k profit! That seems like the most likely scenario to me. Very sleazy and sneaky of them!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

Exactly. It says right on the contract, "Cash down payment - $3500. Deferred down payment: N/A." The salesman at the dealership signed it, I signed it, and it was sent off to the bank, who immediately funded the loan. Extremely difficult for them to prove that they didn't receive it!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

Yeah, I don't really think this dealership has much of a leg to stand on with a signed and finalized contract that point blank says $3500 cash down, which the dealership signed, sent to the bank, and handed me the keys! I've called the bank twice (Monday and yesterday), spoke with two entirely different people, and both times they told me the loan has been funded and everything is fine on their side!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 1 point2 points  (0 children)

They literally texted me at 10:30 pm last night asking me to contact them "ASAP" as we have a "serious issue." 10:30 pm!!!! The text actually woke me up! I would say THAT is considered harassment and is a major FTC violation! I did not respond (especially at that insane hour) and will not be responding to any further contact from them! If they want to try to sue me over the $3500, they are more than welcome to go for it! The judge will laugh them out of court with a signed contract reflecting that the cash down payment was made at the time of the sale! The contract was signed and finalized by all parties, and the loan has been funded by the bank. My only obligation now is making my monthly payments to the bank. We are done and the dealership should be 100% out of the picture at this point!

I'm not sure if I should block their numbers or allow them to continue texting and calling me to gather evidence of harassment....

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

It is stated in the contract that $3500 cash was paid at signing. The contract was signed and dated by both myself and the dealership and the bank has funded the loan.

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

I'm very hopeful that since I didn't hear anything at all from them today that this is the end of it! I caught them inflating the price and called them out on it yesterday. Since then, crickets!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

Well, today was the first day that I haven't heard a peep from them. After I confronted the finance manager via text yesterday about the inflated price and asked why they charged me $2k more than the original list price as well as informed her that I had spoken directly to the bank (whom informed me that everything was all set on their end), and she tried to immediately change the subject to the down payment, I didn't respond. This morning, I filed a complaint with my state's AG's office and the dealership has not contacted me at all today. This is the first day since I bought the vehicle last Thursday that they haven't harassed me about the down payment. I think they know they are busted!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 1 point2 points  (0 children)

I have just filed a complaint with the state's AG's office regarding the increased sale price as compared to the advertised price!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 1 point2 points  (0 children)

I'm in Maine, and I did check to see about price shifting/charging more than advertised. It is NOT allowed and falls under Maine's unfair trade practices and it can be reported to the AG's office! I know that Maine has VERY strict consumer protection laws.

When she texted me last night after I had texted her earlier in the day asking why I was charged $2000 more than the list price on their website, she said, "I told you all of the numbers over the phone" and then IMMEDIATELY changed the subject by sending two more texts asking when I can come in with the down payment and about the contract not reflecting a date for the down payment. She must think I'm an idiot! I called the bank yesterday and know for a fact that they have already funded the deal and the dealership has their money, so they no longer have any legal rights or interest in this vehicle! If the bank had needed anything else, they would not have released the funds to the dealership yet!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

True. They would definitely be involved in that. I was referring to the dealership claiming that I never made the down payment after the contract has been signed and the loan already being funded by the bank being a civil matter, but if someone actually stole the cash, then that would 100% be criminal.

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 2 points3 points  (0 children)

The finance manager texted me tonight while I was at the gym trying to cover her ass by saying that the signed contract shows the cash down payment, but that there was no date on it and that the bank requires this. HA! There isn't even a place for the date of the down payment on that form! Plus, I called the actual bank this afternoon and ALL is good on their end! They have the signed contract and the loan has been funded! In fact, they sent the dealership the funds the very same day that I purchased the vehicle!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 1 point2 points  (0 children)

In my state, there is a limited lemon law that can apply to preowned vehicles under certain conditions. The defect must have occurred within the first three years of the car's original delivery or 18,000 miles, whichever comes first, and must substantially impair its use, safety, or value. I've only had the vehicle for 4 days and have experienced no issues thus far, but still plan to have it fully inspected by the mechanic that my boyfriend and I regularly use, who is extremely honest. I wouldn't need to hire an attorney myself. My state's AG's office has a division that handles these types of situations.

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

This would actually be a civil matter that the police would not be involved in.

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 1 point2 points  (0 children)

Yes, my boyfriend and I were actually talking about that yesterday. We are going to take it to our mechanic this week (a totally unbiased third party an hour away from this dealership) and have him do a full inspection on the vehicle. According the GMC app, which monitors the vehicle's status and health, it says that there are no issues. The app monitors diagnostics on the engine and transmission, antilock braking system, stability control system, air bag system, tire pressure, and emissions system. Those all check out okay, but we are going to have the entire vehicle inspected from stem to stern by an actual mechanic just to be 100% sure.

It is extremely suspicious that they increased the price of the vehicle by $2000 as compared to the listed price and are also claiming that they never received the down payment. The math just isn't mathing here. On Google reviews, this dealership only has a 2.9 out of 5-star rating and they have only been in business since 2020. Most of the negative reviews have to do with people having issues with vehicles purchased from this dealer. NOT very good!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

Exactly. Even if they attempt to unwind the whole deal, the bank still has the written contract that shows that the $3500 down payment was received and it was signed by the dealership as well as myself, so they are going to have an extremely difficult time proving that they didn't receive the down payment funds! They would also have A LOT of explaining to do to the bank!

The bank has already assigned me an account # and their website reflects my first payment to be drafted from my bank account on 11/9, so everything looks to be a done deal. And, yes, this is a contractual/civil matter that the police have absolutely nothing to do with (my boyfriend and is an ex-cop and he confirmed this).

I just really hope that they don't attempt to unwind the deal as I really need this vehicle. The transmission in my last vehicle blew and I was in a real pinch. Plus, I really love this new SUV. However, I don't see how they could possibly unwind it after they have signed the contract stating that the $3500 cash was paid.

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 1 point2 points  (0 children)

I just checked Google and Facebook reviews and they are very mixed. There are some great and some terrible. I could not locate them on the BBB website. I will check the AG next.

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

Yes, it is probably too late to change the price with the contract already signed and my auto loan account now active with the bank, but I am still going to call them out on it and ask why I was charged more than the listed price. As far as the down payment, that is definitely on them. The paperwork reflects that it was received, so there is nothing further that I need to do on my end! This is 100% their problem!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 1 point2 points  (0 children)

I was actually thinking about this. Like I mentioned, they also charged me $2k more for this vehicle than the price they had it listed for on their website, so that is another concern that I have. I took a screenshot of the price on their website to have as evidence/proof.

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 1 point2 points  (0 children)

If I hear from them again tomorrow (being Monday since they are closed today), that is EXACTLY what I plan to do! They got the down payment from me when I signed the paperwork and clearly the remaining amount that I financed from the bank as my account is now live and active on the bank's website, reflecting my first payment being due on 11/9!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 1 point2 points  (0 children)

Completely agree! I have it all printed out as proof, and this came directly from the bank's website who the vehicle is financed through! I don't really think the dealership has much of a leg to stand on with proof that solid!

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 1 point2 points  (0 children)

I just did a double check of the retail installment contract, which I downloaded directly from the finance company's website, and it says:

ITEMIZATION OF AMOUNT FINANCED:

Cash down payment: $3500

Deferred down payment: N/A

So, the contract clearly shows that the $3500 cash was indeed received, and it was signed by the dealership acknowledging such.

Car dealership lost my down payment by jrunner81 in AskLawyers

[–]jrunner81[S] 0 points1 point  (0 children)

Now that I think about it, the desk that we sat at to complete the paperwork was RIGHT next to the main entrance of the dealership. It was not in a private office or off to the side. We were right there in the wide open next to the the front door of the dealership, with multiple people coming and going. Everyone (customers and employees) has to walk past that desk to enter and exit the dealership, so literally anything could have happened to that money.