Car Dealership Vent

[jpcamaro70]

Wrong.

With all due respect, the 3 day right to recission, cooling off period, or whatever people want to call it, DOES NOT apply to automobile dealerships. It was intented for door to door sales and some mortgages.

If the salesman came to your home to sell you the car, then you have the right to recind.

If you have something that says otherwise, I would challenge its veracity.

Note*** I've been in the business for 15 years, I don't know everything, but i've picked up a few things over the years.

 

[jpcamaro70]

Well, he went back to the sales manager and drew up a new contract without the trade in and it was only $800 less than the first contract. Really, you make a mistake when subtracting $1000?

Part of this discrepency could be the tax. In many states you are credited the tax of the value of the trade.

 

[turkeymama]

After much debate, we had to purchase a new car. My DH signed the paperwork yesterday and I had to go in today.

About 30 minutes later, the dealership called me and said they made a mistake on the paperwork and we had to come in again. They put the wrong VIN number on the paperwork (for a slightly more expensive model)....but we have the less expensive model in our possession.

So I asked what the price difference was, so perhaps we could just strike a deal and pay the difference....and not redo the paperwork. It took them 6 hours to get back to me even with the price difference. Then they said full MSRP on the difference...which I found really strange.! They won't budge.

I'm just frustrated as now we have to take time out of our day tomorrow to correct this.......and it was their fault!

I feel like dropping off the car, getting our traded-in car and leaving!!!

Thanks for letting me vent!

Having worked in finance in my past life, I'll add my $.02

Mistakes like this happen more often than dealers would like. It's simple to fix. Inconvenient to make another trip? Sure. But it must be fixed because the car in your possession must be titled and insured so you want the vin on paperwork to match. The likely reason the dealer took so long to get back to you with price difference is because it was probably the last thing they expected you to ask. They are not trying to pull a fast one. They just want to fix the clerical error and be done.

Frankly, I'm confused why you would have even asked to pay the price difference for the more expensive model. What exactly were you hoping to accomplish that way? You would have still had to make another trip to the dealer.

 

[ssawka]

Part of this discrepency could be the tax. In many states you are credited the tax of the value of the trade.

No, this was on the pre-tax amount. They admitted the "mistake". I really think they were expecting that I wouldn't notice the difference because the salesman had taken away the first contract.

 

[jpcamaro70]

No, this was on the pre-tax amount. They admitted the "mistake". I really think they were expecting that I wouldn't notice the difference because the salesman had away taken the first contract.

pretty shady.

 

[DaisyDew]

With all due respect, the 3 day right to recission, cooling off period, or whatever people want to call it, DOES NOT apply to automobile dealerships. It was intented for door to door sales and some mortgages.

If the salesman came to your home to sell you the car, then you have the right to recind.

If you have something that says otherwise, I would challenge its veracity.

Note*** I've been in the business for 15 years, I don't know everything, but i've picked up a few things over the years.

If a car is sold at the dealership, you are correct. In some states, if the car is sold anywhere else (mall, trade show, anywhere else but a dealership), the 3 day right to cancel does apply.

In the OP's situation, the 3 day right to cancel may not apply, depending on her state's law.

 

[ChattaDIS]

Same model but the "black" car had a couple more options.....and I'm wiling to pay for them. Just not MSRP.

DH signed the contract that has black car VIN and color. I didn't need to sign that. What I needed to sign only listed the black car VIN , not color or description, and I honestly have never checked the VIN before. Guess I will now, but won't be buying a car for quite a while.

If you wanted the car with the more options, why didn't you negotiate the price for that one to begin with?

 

[jpcamaro70]

If a car is sold at the dealership, you are correct. In some states, if the car is sold anywhere else (mall, trade show, anywhere else but a dealership), the 3 day right to cancel does apply.

In the OP's situation, the 3 day right to cancel may not apply, depending on her state's law.

No, again, that is incorrect. right to recission is for door to door sales. If I went to YOU and bought your car, I have no right, after taking delivery, to a recission. You may offer it as good will, but in according to the law, I have no right to demand you take the car back.

New cars are only sold at dealers, not at malls, car shows etc. You may look at them there but you make the deal at the dealer, or on the phone with a dealership employee.

 

[seashoreCM]

Like any other business, car dealers do make mistakes. It doesn't mean they should be charged thousands for this mistake as some are suggesting. Just go sign the corrected contract, you have the car you want at the price you agreed on, asked for a couple free oil changes for your convenience. .

Yes it is not right for the (car dealer) to forfeit thousands of dollars for their clerical mistake but if they made the mistake then they should cover all of the expenses -- times, materials, mileage -- needed to make it right.

While in a general sense it is unethical to silently keep extra change or otherwise take advantage of the merchant's error, sometimes the time and effort needed to fix the error makes it not worth fixing.

Having the dealer travel out to meet you is a good idea.

Accepting some oil changes or car washes is not that great because that gives the dealer additional opportunities to claw back what they gave in the way of providing not so great service.

If no compromise could be reached and the car has to go back to the dealership then don't get caught in the scam of having to pay time and mileage (and depreciation) for the usage of the car while you had it.

Do not sign any more papers without first going through them to see that unfavorable items or changes were written in.

Too late for the OP but it is important to be sure that all of the terms are filled in in the first go round of paper work. Be sure that the contract is not dependent on the dealer's arranging or approving the financing at a later date but rather the payment amounts and where to send the payments needs to be spelled out up front.

By the way, some kinds of errors, notably some "errors" involving financing, are not really errors but rather are scams on the part of the dealer trying to get you to agree to something else after the fact.

 

[AuntMinnie12]

OP here.....so went to the dealership today and they quickly swept me into an office and apologized all over the place. They took complete responsibility and asked what it would take to make me happy!

So we got the more expensive car at at IMO a reasonable price for all of us (not MSRP for me and not free for them).

When going thru the file, the manager that I was dealing with couldn't have been more pleasant and professional. All while grumbling under his breath as to the number of internal mistakes that were in the file. Incomplete checklists, forms etc....not mine, but on their internal dealership paperwork.

There was a serious breakdown on their end and the wrong VIN # was the tip of the iceberg

Needless to say, we went over all paperwork completely and I did again with the finance person. I have the correct car at the correct price and don't feel like either if us was cheated.

Thanks for all your comments, positive and negative. That's why I love Disboards!

 

[DaisyDew]

No, again, that is incorrect. right to recission is for door to door sales. If I went to YOU and bought your car, I have no right, after taking delivery, to a recission. You may offer it as good will, but in according to the law, I have no right to demand you take the car back.

New cars are only sold at dealers, not at malls, car shows etc. You may look at them there but you make the deal at the dealer, or on the phone with a dealership employee.

I encourage everyone to do their own research when it comes to their state, not take the advice of internet strangers (myself included).

OP, I hope you're able to get the situation resolved to your satisfaction.

 

[DaisyDew]

OP here.....so went to the dealership today and they quickly swept me into an office and apologized all over the place. They took complete responsibility and asked what it would take to make me happy!

So we got the more expensive car at at IMO a reasonable price for all of us (not MSRP for me and not free for them).

When going thru the file, the manager that I was dealing with couldn't have been more pleasant and professional. All while grumbling under his breath as to the number of internal mistakes that were in the file. Incomplete checklists, forms etc....not mine, but on their internal dealership paperwork.

There was a serious breakdown on their end and the wrong VIN # was the tip of the iceberg

Needless to say, we went over all paperwork completely and I did again with the finance person. I have the correct car at the correct price and don't feel like either if us was cheated.

Thanks for all your comments, positive and negative. That's why I love Disboards!

Great! Enjoy the new car!

 

[Jex]

Check the paperwork you signed, I am sure you signed one that stated you would redo any papers that they made a clerical mistake on. You can demand anything you want, bottom line you already agreed to resign corrected papers.

 

[chloelovesdisney]

OP here.....so went to the dealership today and they quickly swept me into an office and apologized all over the place. They took complete responsibility and asked what it would take to make me happy!

So we got the more expensive car at at IMO a reasonable price for all of us (not MSRP for me and not free for them).

When going thru the file, the manager that I was dealing with couldn't have been more pleasant and professional. All while grumbling under his breath as to the number of internal mistakes that were in the file. Incomplete checklists, forms etc....not mine, but on their internal dealership paperwork.

There was a serious breakdown on their end and the wrong VIN # was the tip of the iceberg

Needless to say, we went over all paperwork completely and I did again with the finance person. I have the correct car at the correct price and don't feel like either if us was cheated.

Thanks for all your comments, positive and negative. That's why I love Disboards!

Yay, enjoy your new car!

 

[Hofmanns4]

New cars are only sold at dealers, not at malls, car shows etc. You may look at them there but you make the deal at the dealer, or on the phone with a dealership employee.

This is not the case, at least in AZ. Here they have car sales where several dealers set up in the parking lot of a mall or stadium and sell cars and RV's. You never have to go to the actual dealership storefront, they do all the paperwork there on site.

 

[seashoreCM]

Check the paperwork you signed, I am sure you signed one that stated you would redo any papers that they made a clerical mistake on. You can demand anything you want, bottom line you already agreed to resign corrected papers.

(copied from another post) You have the right to dispute that a mistake indeed was made. A wrong vehicle identification number is probably a mistake but a wrong financing package is probably not a mistake at all. Just because the dealer is unable to finish processing of the financing package (e.g. the end lender won't buy the note) does not make it a mistake from the point of view of the buyer and does not require that the buyer sign something else more favorable to the dealship.

(As a point of information, the dealer is fully capable of receiving the monthly payments if the end lender does not "approve" the loan and buy the loan note for a lump sum and become the recipient of the monthly payments.)

 

[OklahomaTourist]

Oh, how frustrating. I probably would go to another dealership. With most large purchases like that you have 3 days to revoke your purchase. Yes, you will have to sit through the paperwork on whatever car you eventually decide to purchase but IMO life is too short to give my money to a dealership that doesn't appreciate my business. I also consider their attitude when I have a problem with the car in the future. What does your DH say about it?

Your request was very reasonable BTW. Even if there is a situation with the other car, they should offer you something to make up for their mistake and the amount of time you are devoting to fix it.

ON what do you base that assertion?

There is a three-day rescission window available for contracts arising from door-to-door solicitations, but many have extended this incorrectly to a general option to rescind any contract, which just isn't accurate. Are you aware of something specific to the state in question?

More broadly, to the OP, don't think for a second the dealership made a "mistake." This sounds very much to me like the dealership is running a bait-and-switch for the very purpose of accomplishing what you offered - paying the difference for (surprise, surprise) your "more expensive" version.

You might contact a legal services or firm in your community that offers a free consultation for your situation to at least advise you of your options. Rest assured the dealership knows *exactly* what they are doing. You need someone on your side to protect your interests in general and your pocketbook in particular.

A few other considerations: I'm assuming you have the car insured. Question is, which VIN is insured? The one on the car you have, or the one on the car you bought (on the contract)?

My advise is to be aggressive and proactive to resolve this to protect yourself.

 

[lovesmurfs]

Uggh. There's nothing worse than having to redo paperwork when it's so awful to begin with.

When we bought our last car (CarMax), DH went in and signed all of the papers. Then the salesman came to my office so that I could sign. I'd see if the salesman, if he still wants the sale, could do that for you.

Yes, humans make mistakes. But humans also correct them, at the least amount of inconvenience to the parties that didn't make the mistake.


ETA: Glad it worked out for you.

 

[jpcamaro70]

More broadly, to the OP, don't think for a second the dealership made a "mistake." This sounds very much to me like the dealership is running a bait-and-switch for the very purpose of accomplishing what you offered - paying the difference for (surprise, surprise) your "more expensive" version.
[/I]

Based on info from the OP, it doesn't sound like bait and switch, I think it's just as simple as it sounds, a mistake. It would be too costly for the dealer and what can they gain? A few hundred more, totally not worth it.

 

[Sagginit]

OP here.....so went to the dealership today and they quickly swept me into an office and apologized all over the place. They took complete responsibility and asked what it would take to make me happy!

So we got the more expensive car at at IMO a reasonable price for all of us (not MSRP for me and not free for them).

When going thru the file, the manager that I was dealing with couldn't have been more pleasant and professional. All while grumbling under his breath as to the number of internal mistakes that were in the file. Incomplete checklists, forms etc....not mine, but on their internal dealership paperwork.

There was a serious breakdown on their end and the wrong VIN # was the tip of the iceberg

Needless to say, we went over all paperwork completely and I did again with the finance person. I have the correct car at the correct price and don't feel like either if us was cheated.

Thanks for all your comments, positive and negative. That's why I love Disboards!

glad it worked out for you. i think the dealership did the right thing. this is a big purchase and to keep you as a loyal customer and give happy reviews of them it was worth a bit of a loss.