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Dealer mistake should i worry ???

 
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Old Jun 21, 2005 | 11:37 AM
  #1  
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Lightbulb Dealer mistake should i worry ???

Hi guys
So here is my story of getting my Red SS. I have traded my Nissan Maxima GLE 2002 and bought the Red beuty. I picked it up yesturday and signed all papers. Love the car but now today dealer calls me and tells me there is a problem. The problem being that apperantly my 2002 maxima was in an accident and was hit in the back ($7,200 damge) and they want me to come and talk to them. My question is I got all papers and everything already done and the deal is done. I did not know nothing about the accident when i bought the car. When i was making the deal thay appraised my car and gave me $12,000 for it. So my question is They appraised it and the deal is done, am I liable for this or can i tell them polite to go $#$% self's ? Everyone tells me its their fault I just would like some input from you guys in the forum here.

P.S.
Also the salesman who sold me the car never called me when we were making the deal when i asked him too and I had alot of headaches with him. But now he calls me every 5min

Thanks Guys
Old Jun 21, 2005 | 12:19 PM
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tell him thats too bad its their mistake they have to suffer the consequences, deal is already made contract signed, goodbye!
Old Jun 21, 2005 | 12:46 PM
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Originally Posted by wikkymaster
tell him thats too bad its their mistake they have to suffer the consequences, deal is already made contract signed, goodbye!
Yaa thats what I was thinking, if the situation was reversed they wouldnt even wanne talk to me. Finally the little guy gets a break and for once the dealer get the short end of the stick
Old Jun 21, 2005 | 12:53 PM
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The alero I traded in needed a ton of work done to it before they could sell it.
They didn't catch most of it.... Their loss.

It needed brake pads/rotors, tires, had a broken drivers mirror. The drivers seat had broken foam in the seatback, and the spring in the back was also broken along with the lumbar adjustment.

Hey, if they don't take the time to check out the car thouroughly enough, too bad!!!
Someone there isn't doing their job and the blame shouldn't fall on you!
Old Jun 21, 2005 | 01:28 PM
  #5  
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HEHE i traded in a 98 Honda accord coupe, damn that thing was messed up, i bought it for like 7g and traded it in for a down payment of 5,600. it had like 150,000 miles a messed up tranny, dirty and worn down engine, (that’s just to start) they are still pissed they took it for that much the car wasn’t worth 2 grand. But its their fault for not looking at the car first.
Old Jun 21, 2005 | 01:38 PM
  #6  
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if u signed the papers, they can't do anything about it, dealer messed up for once!
Old Jun 21, 2005 | 03:02 PM
  #7  
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Thanks guys Im just happy to hear that cause at first i was affraid they might have taken my baby away
Anyways they had a full week and a half to check since the deal took so long. Its like Voodo said its not my fault but someones at the dealer who didnt check properly and wasing doin their job. hehe this means I got a better deal then i though LOL 8,000 in my pocket LOL Thanks guys
Old Jun 21, 2005 | 04:38 PM
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You're all set, if you all signed then don't worry about anything. They know full well they have no power to do anything, just be careful not to fall for any intimidation tactics they may try. If they do try to intimidate you tell them if they are not willing to honor the agreement then you'll see them in court. ;p
Old Jun 21, 2005 | 07:20 PM
  #9  
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Originally Posted by MarcS
You're all set, if you all signed then don't worry about anything. They know full well they have no power to do anything, just be careful not to fall for any intimidation tactics they may try. If they do try to intimidate you tell them if they are not willing to honor the agreement then you'll see them in court. ;p
Ya I told him I asked my lawyer and he said that its all on paper and signed so there is no way they can touch me. And guess what the phone calls stopped
I havent heard from him since this morning and i dont think i will. Also soon the GM evaluation sheet should come so Ill make sure to mention all the headaches i had to go through

P.S.
When i picked up the car he told me to drop the GM questioneer to him cause its 50 question and it will take up my time. He said he will do it for me so i dont have to bother with it LOL yaa right Here goes his job LOL Hope GM will consider it and read it cause I am really disatisfied with the customer support there and never did I have to go through so much hadeach when i bought my previous cars. All the dealers would do everything themselvs and all I had to do was sign but with Dean Myers I had to basically do everything myself the guy wouldnt even call me back when i asked for it. So I guess the moral is what goes around comes around YAAA Thanks Guys
Old Jun 25, 2005 | 09:21 AM
  #10  
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HEY guys its me again
Ok so the dealers main manager calls my house yesturday and talks to my sister. Since my sister knows a thing or two about dealers (since her fiance is a used car dealer) she told him that its their problem. He started being really rude and yelling at her at which point she hanged up. Once i got home and heard this i called them back and we had a really heated conversation about the car and the way MAnager of DEAN MAYERS talked to my sister who had nothing to do with this. So what he basically said to me is if I dont pay them some diffrence for the car i traded since it was hit he will not pay off the lean on it and repo my Red SS . He also said that i knew about the hit on the car and that he is gone do everything in his power to prove it and that was it. I told him that its not my fault and if he wants to he can take me to court and if he doesnt pay my lean out then i will stop payment on his car, so he hanged up. So my sister called the cops to find out for real if they can repo my car. The cop told her at first that yaa they have the authority to do it but then she explained the story and he said in that case no they dont as long as i dont stop paying for the car and since the papers are signed he has to pay the lean out Now since this is Ontario Canada and not the States all im concern is:
1)Can he do anything else to me?
2)If it does go to court should I sew them for all the problems and personal headaches cause by them ?

P.S>
Hope I will get to keep my Red SS since I love it to death
Peace
Old Jun 25, 2005 | 10:32 AM
  #11  
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They can sue you. Their premise will be that there was hidden damage in the trade in. They will also claim you knew about the damage, did not disclose it and thus commited a fraud, making the contract invalid. Thing is, they will have to prove you knew about the damage beforehand to make that approach work.

The hidden damage, at least in the US, on its own should not be a problem. They are the experts in inspection and should have caught a 'major' flaw, while the <used> car still performs its primary function even with the repaired damage.

If they break the contract by failing to pay off your old loan, AND you keep current on the payments, you can sue and most likely win damages for the damage they cause your credit rating. Essentially, they will weigh the cost of hiring a lawyer and going to court vs the chance they will recover more than they spend.

Unless the dealer gets so worked up that he no longer cares about the cost, they won't take you to court.

I would start keeping a detailed log of phone calls from the dealer, include your response i.e. "Don't call us anymore, I am happy with the deal we made", their threats, etc. Always ask for the name of the person and tell them you are documenting the call. If it is legal in your area, use your answering machine to record the conversations (informing all parties if required by law).

Either this ammunition will cause them to back off, or it will be evidence for you in court. Also, ask the police or prosecutor in your area if it qualifies for harrassment. Maybe get the phone company to block their phone number from yours. If the dealer gets really worked up and threatens you or your property, call the cops. Then you can get a restraining order against them contacting you. (again, in the US, but your laws should be similar)
Old Jun 25, 2005 | 10:59 AM
  #12  
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Wow thanks for the details I did start the log but did not record the conversation which i should have cause he abused my sister and was swearing and yelling at me (and this being the manager). Anyways Thank you for all the info i really appreciate it. I will post soon once they make their next move.
Thanks again
Old Jun 25, 2005 | 01:22 PM
  #13  
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we had some trouble getting the deal right on my cobalt too, dealing with dealers sucks big time, nobody go to apple chevrolet either in illinois lol i must say i did get a really good deal though that i have yet to find better anywhere else
Old Jun 25, 2005 | 08:42 PM
  #14  
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First off, congrats on your new car. I love mine too.

I'm sorta confused. They called you to say your traded in car was in an accident? ie. It was damaged while sitting in their care? Or the damage was there all along and they failed to see it upon trade in and noticed it afterwards?

It seems to me you've got no worries either way. If the damage is as bad as they say it's something that should have been caught in the trade in appraisal. That's why they do them...or should do them. Tough **** for them.

Their tactics and phone calls are dispicable...and if everything is fine on your end once this is all said and done....I'd be calling up GM and let them know how this dealership operates. GM cares greatly how they are represented by their dealerships.

As far as I know the SECOND you sign the deal sheet that lists your trade-in and the subsequent final amount owing on the new car...your old car is theirs and the new car is yours.

Hope it works out well for you.
Old Jun 26, 2005 | 07:24 PM
  #15  
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Thanks guys for all the support I will keep posting as the story progresses
And yes i already started writing a full letter to GM and waiting for the GM survey to come and I will be calling them too to let them know the whole story.
Thanks again guys
Old Jul 4, 2005 | 10:40 AM
  #16  
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Hey guys new development in my case
So i called today GMAC Financial to ask them to take my monthly payments on a diffrent day. But get this they say they have no record of me or my car and they dont know whats wrong. The lady i spoke to told me she will invastigate and call me by thursday and told me if I dont hear from her by thursday to call GM customer support and talk to them. Well we will see I guess the dealer didnt send the papers out and is tryin to screw me over. I guess a call to SILVERMAN needs to be made (all canadian ppl probably know City TV Silverman help line LOL) Anyways I will post on Thursday what the outcome is. If this continues I might just give up and go back on the whole deal and make sure GM hears all this !!!
Old Jul 5, 2005 | 12:54 PM
  #17  
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I can't believe the dealership is acting this way about the damage...mine had a number of burns in the seats and floors because they were under floor mats, etc. and no one called me back about it to whine and complain about the trade in. I did however have problems with the handover in that there wasn't really one, they gave me the keys, I filled out some paperwork and was left to A) figure out which one was mine and B) could I drive it off the lot or was there something else I had to fill out?

It's amusing how they mention the GM survey informing you that nothing but completely satisfied will do, and when I received it half of the questions I can't even answer, particularly in regards to the handover.

Hope you get everything worked out with your car, it seems some dealerships still haven't learned that they lost a large number of sales to imports for a reason and if they're not careful they'll continue to lose more in the future regardless of incentives from GM.

Permafried-
Old Jul 12, 2005 | 10:47 AM
  #18  
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Originally Posted by Permafried-
I can't believe the dealership is acting this way about the damage...mine had a number of burns in the seats and floors because they were under floor mats, etc. and no one called me back about it to whine and complain about the trade in. I did however have problems with the handover in that there wasn't really one, they gave me the keys, I filled out some paperwork and was left to A) figure out which one was mine and B) could I drive it off the lot or was there something else I had to fill out?

It's amusing how they mention the GM survey informing you that nothing but completely satisfied will do, and when I received it half of the questions I can't even answer, particularly in regards to the handover.

Hope you get everything worked out with your car, it seems some dealerships still haven't learned that they lost a large number of sales to imports for a reason and if they're not careful they'll continue to lose more in the future regardless of incentives from GM.

Permafried-
Yaa I agree with you 110% about losing to imports. I never had problems like these when i bought my Mazda or Nissan. On another note I finally called GM head office and gave them **** since my car was not registered with GMAC and noone had the record of me . I told them that the dealer is playing these stupid games and that i already filled a complaint against DEAN MYERS dealer. The lady asked me to give her 30min and she would call me back. About 22 min later i get a phone call from head office and everything is taking care off KUDOS TO GM FOR THAT !!! They called the dealer and GMAC took care of all the problems and apologized for the dealer. Also asked me to call them if there is anymore problems they will take care of it right away. Aperantly its not the first time they had problems with Dean Myers Anyways everything is good now and only thing left is get the dam Manager at Dean Myers fired for calling my house and swearing and yelling at my sister that is not cool and i wont let that go. THANKS to all ppl that replied and helped me out with this I really appreciate it. COBALTSS.net network is the best
LATER
Old Jul 12, 2005 | 12:56 PM
  #19  
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Good to hear you got everything taken care of . I'm still deciding between not filling out the survey all together, or filling it out 100% honestly and see what happens. The biggest thing I have with that is I still have to take my car there for service and right now no matter what I complain about they're kissing my ass because they know they screwed up large. Nice to hear GM is taking things like this more seriously though...shows they care more about their customers than they previously did.

Permafried-
Old Jul 12, 2005 | 06:30 PM
  #20  
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Wow...sounds like a bitter dealer that can't deal with being on the receiving end of a bad deal (intentional or othewise).
You are in the clear, they cannot repo the car unless you stop payments, if it seems like this will go further, call a lawyer, I guarantee you will win and may even be on the winning financial side.
You just better hope you didn't have prior knowledge, or thats fraud and you WILL be screwed.

On a related note, i have a complaint with my dealer regarding thier **** poor service and basically dropping me as a customer at the hint of a fixable problem.
other than the useless customer service phone #, where could i send a letter of complaint?

Best of luck, I think you'll be fine in the end, i hope i didn't jack ur thread
 
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