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Yet Another Example of the Importance of Prearranging Your Car Loan.


I bought my car a month and a half ago. When the tag was about to expire I called the dealership and was told they would bring me one, and "good news we found you a better interest rate!"

1st that was a lie!

I guess somewhere in that 30 day window the F & I guy and the GM were fired. The GM is under investigation for embezzlement and some of my papers were lost.

Stupidly, I re-signed new paperwork.

The following Monday I begin to call the dealership and try to verify that my trade in was paid off. I demanded a copy of the "cleared" check and a copy of the title. They had already told me they had sold my car. I then called my bank where my car was financed and asked them if they had received the pay off.

No surprise, they had not.

The dealer called the bank that same day for the payoff, which of course was more because a month had passed. To make a long story somewhat shorter, we are now 42 days past the original sign/deliver date and I am not financed.

They are coming in the morning to pick it up. My question is does the dealer have any legal recourse against me for the difference of my pay off and what they sold the car for? Or for the fact that I have put 5K miles on the new car?

I am uncomfortable turning it over without something in writing from the dealership saying the contract is null and void. Plus the checks they wrote my bank was on the 8th of July. What if they stop payment?

Thank you for having a great website, and for your advice.

Jamie R.

My response to Jamie:

Hi Jamie,

You have a real mess on your hands there. You should contact your state's Attorney Generals Office right away. They should be able to help you. You may also have to consult an attorney.

Good luck...

Tony Iorio

Note to readers...

Whenever you trade in your vehicle in to a car dealer, and there is a payoff on it, Always insist on a statement signed by the Sales Manager stating that they will pay off your trade and when they will do so. You must have something in writing to protect yourself in the event that they fail to payoff the outstanding loan.

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