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Old 12-12-2005, 01:40 PM   #1
mystikhalo
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Signed Paperwork, Can dealer do anything ?

I bought a new car recently.

I had done the negotiating phase verbally over the phone. I went down to buy the car soon after.

I walked out the door with copies of all paperwork in my hand, and the dealer received a check in the full amount from my loan officer (didn't finance through the dealer). A few days later I received a phone call from F&I, saying that they made a mistake and wrote in the starting price (sell price) in wrong.... a couple thousand in my favor...

I went home and noticed all paperwork had this (no accounting mistakes).

Can the dealer do anything? Legally and/or try illegally?

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Old 12-12-2005, 02:19 PM   #2
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Re: Signed Paperwork, Can dealer do anything ?

If you have a binding, signed contract with no reference on it to any typos/mistakes, they cant do anything. They may try to bring suit against you but they wont have a case.

Just out of curiousity, what car did you get and how much?
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Old 12-12-2005, 02:55 PM   #3
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Re: Re: Signed Paperwork, Can dealer do anything ?

F&I basically said the paperwork was done wrong, and that I owed him another $3K + tax. I said I wasn't sure what he was talking about, and didn't have the paperwork in front of me, and that I'd have to go home and look since I'm at work. I asked him again what went wrong and he just said "well, you agreed on a purchase price of $X, and a mistake was made in the sell price that was written on the contract". So I asked him if it was an accounting mistake and he said yes.

It's not an accounting mistake. He says its a mistake in the event that he put in the wrong selling (start price) of the car, there is no accouting mistake proof.

I don't know what to tell him, how to proceed?

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Old 12-12-2005, 02:58 PM   #4
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wow. Well knowing how dealers are they might have some kind of backdoor out of that situation....
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Old 12-12-2005, 03:11 PM   #5
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Re: Signed Paperwork, Can dealer do anything ?

Call your lawyer. If you dont have a lawyer, look one up in the phone book and give them a call to see if theres anything you can do. Read all the fine print and see if there is any clause in the paperwork that mentions anything about dealer mistakes.

You have to do this one for all the people that dealerships have ripped off in the past.

P.S. Is it the coupe or sedan, and did you win the lottery or something? lol, going from driving a $3,000 car to a $30,000 is a big leap. What were you driving, anyway? And nice choice with the G35
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Old 12-12-2005, 04:22 PM   #6
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Re: Re: Signed Paperwork, Can dealer do anything ?

Yeah, I think I'm gonna have to get legal advice... not looking forward to this and calling the manager back... stressing me out, but I'm gonna fight to keep the money from his alleged "mistake". I'm trying to scheme up what Im gonna say to him. I'm not sure I'm legally responsible to just "cough up" another 3K that they saw I owe them, when there's no proof. My loan officer from my credit union said they can't do anything, but how would he know 100%?

I've been looking at a new car for over a year now... I was just patiently waiting and saving. I traded in my 98 that I was having major problems with over the last couple years (122K miles on it).

I got the Sedan.

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Old 12-12-2005, 04:50 PM   #7
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Re: Signed Paperwork, Can dealer do anything ?

I would say you are in the right. A contract is a contract. Call a lawyer and ask for advice. Most of the time they won't charge for the first visit. Good luck.
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Old 12-12-2005, 05:03 PM   #8
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Re: Signed Paperwork, Can dealer do anything ?

Your credit unioun officer should know. I'm sure when you made the verbal agreement, they didnt give you an exact number so it's not you're responsibility to check their paper work. I guarentee if they wrote it for more then the verbal agreement and you didnt realize and you said that they owe you 3G they would laugh in your face. I def. dont think they have a case. They signed a legal and binding contract.
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Old 12-12-2005, 06:52 PM   #9
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Re: Signed Paperwork, Can dealer do anything ?

In court, written and signed and enacted contract will carry more weight than verbal agreements. When you talk to him on the phone, admit no wrong as they may underhandedly be recording the call for "training purposes".

I say bend em over. Contact an attorney and give no ground.
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Old 12-12-2005, 08:06 PM   #10
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Re: Re: Signed Paperwork, Can dealer do anything ?

I have actually left a voicemail for a civil attorney for a 30 minute free appt. I have yet to hear back from her. I will bring in my paperwork, and in the meantime hope to try and avoid the dealer's calls if they try to...

Everyone I talk to, including the loan officer, thinks there is nothing they can do. Since the Finance manager just now calls me today (3 days later), I'm paranoid that he/dealer either a) can do something about or b) thinks I'm dumb enough to just walk down there and fork over 3K because they say so.... !

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Old 12-13-2005, 11:27 AM   #11
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Re: Signed Paperwork, Can dealer do anything ?

Good luck bud...let me know how everything turns out.
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Old 12-13-2005, 12:42 PM   #12
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Re: Signed Paperwork, Can dealer do anything ?

They already got their money. You're paying your credit union. Legally, there is nothing they can do. Enjoy your new car.
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Old 12-13-2005, 01:34 PM   #13
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Re: Signed Paperwork, Can dealer do anything ?

Im just thinking you need to look over all the paperwork and see if there is any mention of a errors. And I read in the Edmunds post that you said you fell bad, absolutley do not. As I said, I guarantee if they overcharged you 3G and you noticed 3 days later, they would say "sorry, nothing I can do". When they call you, either dont answer or answer and tell them that you have a legally binding contract and you are not going to pay any more money and you would appreciate it if they would not bother you with this anymore. If they threaten to take you to court, tell them you'll meet them there.
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Old 12-13-2005, 01:45 PM   #14
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Re: Re: Signed Paperwork, Can dealer do anything ?

My loan officer, once again, said everything was fine. I have a receipt for the full amount check I dropped off... as well I talked with my half-sister that is a finance manager at a dealer and she just basically said I have the upper hand and that if anything, the finance manager will be fired or it will come out of his own pocket. She guaranteed me that she never makes mistakes that bad because she double double double checks and double checks again.

We think it hit the accounting dept. before it was noticed. I'm still trying to decide what to do. He's already tried calling me again just now. Harrassment maybe?

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Old 12-13-2005, 01:56 PM   #15
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Re: Signed Paperwork, Can dealer do anything ?

Just think, they gave you 3G for your car, theyll most likely sell it for atleast 5G. Theres $2000. The invoice is probably about 2-3G less then what you paid aswell. So right there, they make up 1-2G profit still off of this car. Most places will not fire the finance manager over one mistake, especially when they will still be making money off the sale. If they do fire him, Im sure this wouldnt have been his first mistake and therefor deserves it for his incompetencey.
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