Dealer Scam? Need advise.

Kyle@STILLEN

You might still want to go down with the contract showing a $1,000.00 cash deposit was made and explain that, that is your receipt.

Also, call me paranoid, I wouldn't drive down there in your Z. Have a friend or family member give you a ride...

FuszNissan

+1 , they may try and take it back or box you in.........not sure where I have seen this before

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LouFuszNissan
ZDAYZ 2012

Zaggeron

From what I understand this would be theft -- The dealership released title to the financing company -- I assume the OP has his plates and registration.

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2010 Platinum Graphite 370z Roadster:Touring/Sport
2013 Subaru BRZ Limited

Zaggeron

I would also check the "financed amount" in the contract and verify it matches your starting loan amount. Perhaps the screw-up was with the financing and your loan was for $1000 less than agreed upon.

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2010 Platinum Graphite 370z Roadster:Touring/Sport
2013 Subaru BRZ Limited

dudafunk

Hmmm interesting... yes, the contract is not proof of payment.

I was given TWO contracts the night before - one for $X down and one for $X+y down, and I got my total down payment the next day. (I only paid $X the previous night).

Then I had them destroy the contract that says I pay $X down, and the contract saying $X+Y went live.

Point being, contract isn't proof of payment - it is just the INTENDED DEAL all have agreed with, the DEAL happens AFTER u sign the contract.

They won't probably go so far for just $1000 though.. they're probably just scaring you. But in theory, your contract is not proof of payment.

(Curious, why didn't you just deposit the $1000 in your ATM and make a credit/debit card payment? I got so many free credit card payments by making my downpayments via my credit card )...

Zaggeron

That maybe right, but the reverse is true as well -- the contract is not proof he owes the money. The OP has the car, title (finance company has that actually), registered in his name, etc. I think the burden of proof would be for the dealership to show he owes the money.

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2010 Platinum Graphite 370z Roadster:Touring/Sport
2013 Subaru BRZ Limited

dudafunk

The contract is not proof he owes the money sure. But the contract is promise that the customer will pay - so the customer is liable, and in this thread's case, with no proof he paid.

PS: I recorded my entire deal on the cellphone as backup. p h a c k stealerships.

dudafunk

LOL... new twist.. I doubt that the OP is making it up, but hey its 3.30pm and the boss is out.

Subscribe thread.

dudafunk

I learnt a lot of lessons in buying my Z too. They have SO MANY tricks in their books compounded with their mass-high pressure attacks on kids. I will follow up in this thread till the end to help you man.

FuszNissan

Honestly, it sounds like you never paid.

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LouFuszNissan
ZDAYZ 2012

Zaggeron

Whoa ... That came out of left field. If he didn't pay, the dealer is a fool for letting a 30K+ car off the lot with no out-of-pocket and not even a promissory note for the down payment. Do you often make "handshake" deals with young buyers and let them pay the down payment later without any documentation that they still owe money?

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2010 Platinum Graphite 370z Roadster:Touring/Sport
2013 Subaru BRZ Limited

FuszNissan

It happens all the time.

You make a deal with let's say 1000 down. All the numbers get punched into the computer, the loan is processed, the paper work is printed you sign the loan contract with the the dealer (which says 1000 deposit made on the contract) customer is excited, you go over the car, customer leaves. F&I manager forgot to collect the 1000 deposit. No receipt was made for deposit.(so the 1000 was not collected) Now the dealer is short the 1000, but the bank contract shows it was apart of the deal. It happens all the time!

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LouFuszNissan
ZDAYZ 2012

spinhead

Even if that were the case, I think it still leaves the burden on the dealership to prove that he did not pay. Their own fault for letting him leave without paying. Just like with a disputed credit card charge, the burden is on the retailer to show signature proof that the purchase was made (or some kind of proof, like delivery confirmation to the person in question).

shadoquad

But that's the difference with a cash transaction. The burden is on the consumer to hold on to their receipt as proof of purchase.

Zaggeron

Actually, there is no such burden on a consumer to keep receipts for purchases. Taking delivery of an item where there is no further documentation that additional moneys are owed -- like a promissory note -- is prima facia evidence that the item was paid for in full.

The dealer may be able to mitagate that prima facia evidence by showing circumstances that make it likely the money wasn't paid -- F&I guy specifically remembers he didn't get the money, the books for that night show $1000 short, evidence of a timely phone call or correspondence by the F&I guy or general manager to the effect that "sorry to bother you, but in the rush we forgot to get your deposit".

But, we don't know if the OP's dealer has any of that evidence. According the the OP he got a cold call from the collection department at the dealership months later saying he owed the money.

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2010 Platinum Graphite 370z Roadster:Touring/Sport
2013 Subaru BRZ Limited