View Full Version : Car dealer sold me a wrong car
glow13
Jul 19, 2013, 10:03 PM
I baught a 96' ford and the title they gave me was a 92' ford. Can I get my money back?
Alty
Jul 19, 2013, 10:06 PM
Have you talked to them about this? Is there any paperwork that you have that shows that you were purchasing a 96 Ford? What does the sales receipt say?
Unless you can prove that they were selling you a 96 Ford, and not a 92 Ford, you'll have a problem winning in court. The burden of proof is on you, and simply saying "I thought I was buying a 96, not a 92, won't cut it in court.
glow13
Jul 19, 2013, 10:14 PM
Yes I have the bil of sale that clearly say a 96 and the VIN.
Alty
Jul 19, 2013, 10:17 PM
Yes i have the bil of sale that clearly say a 96 and the vin number.
Then you definitely have a case, but before going to court, I'd go back to the dealership to see if they'll set this right.
Have you checked the VIN on the car you have in your possession? Is it the same as the VIN on the bill of sale?
glow13
Jul 19, 2013, 10:19 PM
Yes and the dealer says they lost all my papper work and reciepts that I paid them. They are saying I stold the car that I have now because I don't have tittle.
glow13
Jul 19, 2013, 10:21 PM
Yes I checked the vin numbers and they don't match. I tried talking with them but they don't want to negotiate. What will happen in court?
Alty
Jul 19, 2013, 10:23 PM
Yes and the dealer says they lost all my papper work and reciepts that i paid them. They r saying i stold the car that i have now because i dont have tittle.
Wow, this gets better and better.
But you have all the paper work. So, it doesn't really matter if they lost their paper work, since you have receipts, and the bill of sale, right?
I'm curious, why would they think you stole the car? Also, why would you steal a 92 when you paid for a 96. I'm assuming you have proof that you paid for this vehicle.
Did you get the title as soon as you paid for the vehicle or was it sent in the mail?
glow13
Jul 19, 2013, 10:28 PM
No I only have the bill of sale
And he didn't give me a receipt when I paid for it cash. Then after I paid he gave me the tittle.
Alty
Jul 19, 2013, 10:31 PM
No i only have the bill of sale
And he didnt give me a receipt when i paid for it cash. Then after i paid he gave me the tittle.
So you don't have any receipt showing that you paid for the car, you only have a bill of sale for a 96 Ford and the title for a 92 Ford?
This is tricky.
I'm not a legal expert, and I think at this point I should bow out and wait for the legal experts to come along and give you advice. You may have to wait for tomorrow, it's pretty late and most of them aren't online right now.
Check back tomorrow to see if one of the legal experts has responded.
Sorry that I can't be of more help.
Alty
Jul 19, 2013, 10:35 PM
I sent a PM to the two best legal experts on this site. Hopefully they'll be on tomorrow and they'll take a look at your question.
I wish you the best of luck. :)
glow13
Jul 19, 2013, 10:39 PM
Thank you for helping me get answers. You have been very help. Thanks again.
Alty
Jul 19, 2013, 10:46 PM
Thank you for helping me get answers. You have been very help. Thanks again.
Thanks for saying that, but I feel like I wasn't any help at all.
One thing I don't understand, you have a bill of sale, isn't that a receipt?
The only thing I can think of is that if the vin on the bill of sale, doesn't match the vin of the vehicle you have, that's proof that they sold you a car other than the one you paid for.
It's just a really messed up situation. I wish you luck getting it sorted out. Hopefully the legal experts will be able to tell you exactly what you need to do to set this straight.
Good luck. :)
smearcase
Jul 20, 2013, 02:18 AM
Hopefully this is some kind of innocent snafu, but their mentioning that you stole the (or a) car sounds like it may be some kind of scam. Their talking about stolen cars right of the bat would cause me great concern. I would try and create a police report on this incident somehow. If the "dealer" notifies the police that you stole one of their cars the police will simply come and arrest you- they won't try to sort out all the particulars. If you are on record first with your side of the story it may help you to have a report on file. I think there is at least a possibility that someone associated with the dealer may have tried to "clean up" a shady deal they had made previously by giving you a title that they hoped you wouldn't check out, or someone made a simple mistake with paperwork and fears that they may get fired over it. Someone at the dealership talking about stolen cars before doing any real investigation and review of records-- just doesn't add up.
How much time has passed since you drove the car off their lot?
ScottGem
Jul 20, 2013, 04:20 AM
I tend to agree this may be some sort of scam. Did you buy from a private seller or a dealer?
If its not a scam, this makes no sense. If you have a bill of sale that show the vehicle info, including the VIN and has the seller name on it. Then you have proof you bought the car.
Was the title given to you or mailed to you? If mailed, do you still have the envelope? Are they saying you bought the 92 but stole the 96?
How long ago did this happen? Have the police been involved?
JudyKayTee
Jul 20, 2013, 06:38 AM
For starters, what State or Country? Where is this? I absolutely agree with Scott here - a bill of sale IS a receipt. You wouldn't necessarily get both a bill of sale and a receipt that says exactly the same thing.
Just so I have this straight. You purchased a vehicle believing it is a 1996 model. You have since discovered it is a 1992 model (4 years older) but it is the same make and color. You have not received ANY title - you didn't get a title to a 1992 model, you didn't get a title to a 1996 model. You got no title.
The seller now says that the vehicle you are talking about is not the 1996 model which he sold you but a 1992 model which you got somewhere else.
Do you know if there were two cars on the lot - the one which you thought you were buying and the one you actually have in your possession?
How is that so far?
As far as title is concerned you can order a duplicate - it will take an explanation because of the circumstances, but it is possible (depending on your State).
Yes, you can go to Small Claims Court and attempt to reverse the transaction - you get your money, the seller gets the car. It will come down to who the Judge believes - you or the seller. Is that what you want - to reverse the purchase?
Is this a private individual, a used car lot, a dealer that also sells used cars, someone off the Internet?
As you can see "we" need more info in order to be 100% accurate.
I say the purchase is reversible because I think the "we sold one car and then the person replaced it with another car, same model, same color, different year, same equipment (assuming the bill of sale is very detailed) is an argument that the seller cannot win - but you absolutely never know how a Judge will rule.
Or do you want title to the car you have?
Or do you want the different in value between what you have and what you think you bought?
Or do you want something else?
In my State - NY - the DMV is very vigilant and very open and accepting of complaints. That is always an option.
And to Alty - thanks for the vote of confidence and you did really well. This one is, well, complicated (to say the least)!
N0help4u
Jul 20, 2013, 06:54 AM
I think he wants the 96 that he originally paid for
excon
Jul 20, 2013, 06:57 AM
Hello:
Chopped liver here. Didn't he say the dealer is charging him with STEALING the car? It's a nice twist..
excon
N0help4u
Jul 20, 2013, 07:07 AM
Chopped liver
They will do that hoping to intimidate you because they know they can get in trouble and want to make you back off. He has the paperwork and the vin so he needs to pursue this no matter how rotten the dealer is.
Signed
Minced meat.
JudyKayTee
Jul 20, 2013, 07:09 AM
Excon, I'm not sure if the dealer is saying that the OP never purchased the car but, instead, stole it and now wants the title OR if the seller is saying he sold one car and this is another one, stolen from..
Usually there's no bill of sale with a stolen car but I supposed you could write your own.
And now we're back to getting a duplicate title.
AK lawyer
Jul 20, 2013, 07:34 AM
I sent a PM to the two best legal experts on this site. Hopefully they'll be on tomorrow and they'll take a look at your question.
I wish you the best of luck. :)
That's strange. I didn't get it. :)
I think he wants the 96 that he originally paid for
That's the part I don't understand. You go onto a car lot, kick a few tires, and tell the salesman you want to buy a particular car. How is it possible that you drive off with a car that is different from the one you selected?
ScottGem
Jul 20, 2013, 07:44 AM
Very little of this story makes sense. Hopefully the OP will return and answer our questions (all of them and clearly) so we can attempt to advise.
N0help4u
Jul 20, 2013, 07:46 AM
I have a feeling he must of left and went back or had it delivered? Hard to imagine driving off with a non identical car.
smearcase
Jul 20, 2013, 08:47 AM
If this were in PA, and the title was sent through PennDOT and received by glow13, as required (see excerpt below from PennDOT procedures), glow13 is now the owner of a 92 Ford. It could be on the road anywhere, possibly (no, make that just plain- not) insured, as insurer's tend to know exactly which car they are insuring.
This could easily happen with careless handling of documents by the salesman or a clerk I believe, in states where the title is processed as in PA. But if it did happen, the dealer would have to pay the transfer tax twice and that amount of money (depending on which state we end up talking about) could easily wipe out the profit made on the sale. If not a scam, most likely someone at the dealership trying valiantly to save their job, and grasping at straws.
"Used cars
In most cases, you will need the service of an authorized PennDOT agent or the Bureau of Motor Vehicles to assist you in transferring the title. The dealer, authorized PennDOT agent, or online title/registration processor is required to send the title application directly to PennDOT."
odinn7
Jul 20, 2013, 11:46 AM
So you have a '96, which is the one you wanted, but the title that you got in the mail was for a '92. Your BOS shows the information for the '96 that you have.
VIN# on BOS matches the VIN# on the car? VIN# does not match title for '92.
In most states, the BOS is the receipt. The BOS is required to have information such as make, model, year, and VIN#. It is also required to list out payment terms such as cash, check, amount paid... I assume your BOS has all of this?
This is your proof. Still, you need the correct title.
I agree with Smearcase here. This dealer was probably an issuing agent and grabbed the wrong title from the files and filled it out for you. Now, he has made a mistake that not only could be costly to fix, but could result in fines and penalties against his dealer license and issuing agent status. If this has happened before, he could even lose his license.
My guess is that he is covering it up in an attempt to save himself. Very, very poor business practices.
Call the DMV center that handles your state. Tell them what is happening. Tell them all the details including the comment about you stealing the car... and on top of that, lodge a complaint against the dealer. In my state, Pennsylvania, they are very hardcore against dealers screwing the public. Chances are high that this dealer already has marks against them with behavior like this.
Do this first and the DMV should tell you the next steps to take.
One last word of advice... once in a while you will get a DMV employee on the phone that is incredibly nice and helpful... but that is few and far between. Many are grumpy. As much as you may want to give attitude, remain nice, calm and cheerful... it really helps.
glow13
Jul 20, 2013, 11:49 AM
Ok first off I am a female. 2nd, I live in jacksonville,fl 3rd, I baught the car from a private dealer with used cars.
And how can I steal a car if I have the tittle to it? The person stating that the dealership is trying to intimidate me absolutely right. That's exactly whay he is trying to do. Why do you think he hasn't called the cops on me? If I really did steal the car? This happened about 6 mnths ago. Now I just want my money back. Im taking him to civil court on the 1st.
N0help4u
Jul 20, 2013, 11:59 AM
You are going to have to take it to court but first make sure you have all the paperwork to back you up. If the DMV has anything that might help check that out too. Like odinn said you should tell them what is going on and get some good advice from them
odinn7
Jul 20, 2013, 12:04 PM
If you are already heading to court, I can't see you losing this as long as your BOS shows everything. Their story is going to sound pretty messed up as well.
Good luck.
ScottGem
Jul 20, 2013, 12:12 PM
Ok first off i am a female. 2nd, I live in jacksonville,fl 3rd, I baught the car from a private dealer with used cars.
And how can i steal a car if i have the tittle to it? The person stating that the dealership is trying to intimidate me absolutely right. Thats exactly whay he is trying to do. Y do u think he hasnt called the cops on me? If i really did steal the car? This happened about 6 mnths ago. Now i just want my money back. Im taking him to civil court on the 1st.
What is a private dealer? Is this just a individual who sells cars on the side. Someone who sells more than 3 cars in a 12 month period requires a license in FL.
Second, according to what you have told us, you DON'T have title to the car you brought. But you have a bill of sale dated 6 months ago. You didn't answer, does this bill of sale describe the car you have (the 96?) including what you paid?
Since this happened 6 months ago, I doubt if you can get a refund. Is there something else wrong with the car? Was there any warranty?
The best thing I can suggest (based on what you have told us so far) is to take the bill of sale and get the correct title.
glow13
Jul 20, 2013, 12:14 PM
Ok here's the story from the beginning up to now...
On march 26 2013 I went to a private used cars dealership. I put 1,000 down that same day so I could drive off with the car and he also gave me my bos NOW on the bos it has the correct info to the car I purshaced. So I thought nothing of it. A week later I finished paying the guy from dealer which was about 2,500 more. He never gave me the receipt. In fact he wanted to meet up in the streeta not the job (for some reason). About 2 weeks after that I get a phone call from the dealer dad saying that he had to fire his son bekuz he was pocketing my on drugs and how did I gey that tittle if I never paid.
glow13
Jul 20, 2013, 12:19 PM
So I told him no sir your son gave me the title but it is to a '92 I'm taking you to court. So the father told me some lies saying he has the title to my car in fact it has a lien on it. So I asked me to show me my title and he said he didn't have it the dmv has it. So I checked with dmv it was all I lie. So basical
odinn7
Jul 20, 2013, 12:22 PM
I assumed the 6 month time span was due to trying to sort it out... but Scott is right, you probably will not get a refund. Now though, there is even more of a twist to this story after what you just posted. Maybe you should have mentioned this before. Also, the time frame is now 4 months, not 6.
One last thing and then I am backing out of this thread as it just seems to get more confusing... dealers are required to keep all paperwork associated with sales. You mentioned that they said the paperwork was lost... that by itself is worth a fine. I doubt they lost it... I still say they are covering a mistake.
glow13
Jul 20, 2013, 12:23 PM
Basically the son who sold me car lost all my papper work and tittle I guess. But I got the title to a '92 but bos to my car am driving now which I purchased. As soon as I told them I was taking them to court they harassed me sayinh that they are going to call the cops on me for stealing their car.
ScottGem
Jul 20, 2013, 12:24 PM
Does the bill of sale state the $2500 price. Again, is this a licensed dealer?
What happened after the call from the "dealer's dad"?
Have you been driving the car? Were you able to get the car registered? And, again, you claim you don't have the correct title. But it is a point in your favor that they sent you some title, even a mistaken one. That the BOS describes the car you have would strongly suggest to a court (or anyone) that's the car you purchased. Sending you the title would indicate that you did pay for the car, but a mistake was made.
glow13
Jul 20, 2013, 12:33 PM
Yes the bos states 2,500. And yes they do have a license.
Yes I have been driving the car fine. And I got it registerd and insured.
AK lawyer
Jul 20, 2013, 12:44 PM
So you do have the car you bought, and you have a bill of sale for it. The only problem is that you have the title to the wrong car.
No, you don't get your money right. You are "entitled" to the title. If they won't give that to you, go to the DMV and get it straightened out there.
ScottGem
Jul 20, 2013, 01:24 PM
What AK said. You have no grounds for getting your money back or even grounds for taking them to court except maybe for harassment and that's a stretch. You want the correct title, you go to DMV show them the bill of sale and ask for a duplicate title. Then you have your title. You already have the car and the bill of sale. I see nothing else.
They made a mistake with the title. You can easily rectify that by going to the DMV. End of story.
Alty
Jul 20, 2013, 01:44 PM
Now that I've heard the whole story, I have to agree, even though I'm not a legal expert, it makes sense that if you have the 96 Ford that you paid for, you have the bill of sale, you simply received the title for a different car, then you're not really out any money, you're only entitled to the proper bill of sale.
Sounds like they made a mistake, which apparently can cost them their license, which is why they're being such jerks about this. Go to the DMV, show them all your paperwork. Your paperwork clearly shows that you purchased a 96 Ford, and you have possession of the 96 Ford on the bill of sale. The fact that they sent you the title shows that you paid for the vehicle, they simply sent you the wrong title. This is very obviously their mistake.
That's how I see it anyway. Through non lawyer eyes. ;)
odinn7
Jul 20, 2013, 02:46 PM
I said I wasn't coming back but... All the other advice is good but one thing... you will be out whatever it costs to get a title. In this state, it's $81.50. Essentially, that is all you have lost if everything else is correct.
Alty
Jul 20, 2013, 02:59 PM
I said I wasn't coming back but....All the other advice is good but one thing....you will be out whatever it costs to get a title. In this state, it's $81.50. Essentially, that is all you have lost if everything else is correct.
In that case, I would think that the OP can go to small claims to be reimbursed whatever it costs to get the title in her State.
ScottGem
Jul 20, 2013, 03:31 PM
In that case, I would think that the OP can go to small claims to be reimbursed whatever it costs to get the title in her State.
I would advise against that. If the dealer is trying to cover up their mistake, taking them to court may open a can of worms that may cost him more then to cost of a replacement title.
Alty
Jul 20, 2013, 03:36 PM
I would advise against that. If the dealer is trying to cover up their mistake, taking them to court may open a can of worms that may cost him more then to cost of a replacement title.
Good point.
Just a note, the OP is a she. :)
So, the way to fix this is to go to the DMV, get a replacement title, pay whatever fee is associated with it, and let it go. Sounds easy enough to me.