Dealer Scam? Need advise.

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

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

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 )...

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.

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

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

FuszNissan

So.... are you going off the contract that the 1000 was paid or that you recall handing the guy a 1000.00 cash and you never got a receipt.

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LouFuszNissan
ZDAYZ 2012

Zaggeron

"F&I manager forget to collect the deposit" and "happens all the time" seem like two phrases that shouldn't appear together. But I guess "all the time" is relative -- Do you mean "once a week", "once a month"?? Seems sloppy to me.

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

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).

Modshack

I can see this happening (BTDT as a Sales Manager for a dealership)....Especially because of the "rushed" transaction/closing described by the OP...

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shadoquad

Both seller and consumer should be paying attention during these deals. It's an exciting, emotional event for both, so things can be easily overlooked. True, it's more exciting for the consumer, but dealerships are in business to make money, so it can be a lot for them.

I don't know if the OP was boned, or if no money exchanged hands. I wasn't there. I'm willing to give him benefit of the doubt, but even so his may be a hard case to prove.

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.

FuszNissan

Maybe I should choose my words better. It's not a very common thing, but yes over 20 years of this, I have seen it many times.

It does happen here and there, now I don't know if he paid or not, but I have seen an F&I manager forget to collect a deposit. Which we call the customer and they recall and pay.

Just becuase it's noted on the bank contract doesn't mean it has been collected.

I agree it will be up to the dealer to prove it, but there is no receipt of transaction. Know will a contract count, I don't know I am not a lawyer or Judge.

Does the op have proof he paid, nope. So which side do you choose.

I am not trying to stir it up, I am just saying I have seen it both ways.

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LouFuszNissan
ZDAYZ 2012