Any lawyer in the house??? - Tilted Forum Project Discussion Community

kimmytr · 10-14-2003, 04:34 PM

Here is the whole story

A couple of weeks ago, on Saturday, my wife signed a contract to buy a new car ( Pontiac Grand Prix GTP) from a local dealer ( Cleveland,OH). It is to be pick up on the following Monday.
Well, early that Monday at work, the company (GE) annouced that there will be cutting 30% of the workforce ( lighting business not doing too well!). and she may or may not be included in that group, depending how many people will retire. Not knowing how it is going to turn out, she called the dealer in inform them that she cannot afford the car at this time and ask them to cancel the transaction.The dealer's manager called back and talk to her boss to verify her story and her boss confirm it.
End of the story, right????

Well, yesterday, She received the bank payment coupons along with the white title. Apparently, the dealer just ignored her plea and send the paperwork through. She called the bank ( Chase ) to explain the situation and were told the dealer have to call them if she want to cancel. She called the dealer and were told it out of their hand and gave her the runaround.

I did some research, and to my surprise, there is no such thing as a 3 days cooling period. I called a lawyer and were confirmed that was the case and did not want to take the case but advised me to just ignore them and the worst it could happen is the bank will give her bad credit report ( They couldn'd reposess the car since it is still at the dealer )

So, what could happens ( worst case scenario? ) and what should I do? Please! somebody point me in the right direction!!!

Thand you in advance for all your help!!!

rogue49 · 10-14-2003, 07:34 PM

Call another lawyer (until you find one willing to followup)...
and also start contacting your local govt. officials.

BTW...totally ignore the one who said "you'll JUST get bad credit"
That shit will fuck up your credit record.
They could care less about the implications to your life.
Please followup & follow-through.

Call up the dealer, and let them know exactly what you are doing,
and you won't stop...let them sweat...maybe they will finally cut you a deal.
Call their bluff...and be the most annoying customer by telling the facts, and continue to do so.

To them...it's really not worth a fight...they don't make THAT much on each vehicle...
and lawyer's fees would cut into their profit.

Good luck

Mephisto2 · 10-14-2003, 07:38 PM

Tell them you'll camp outside their dealership with a big sign saying "These SOBs ripped us off" and that you'll hand out leaflets detailing their actions to everyone who walks up to their door.

Seriously.

No business can afford bad publicity like that in the current environment.

They're wankers for acting like this, so treat them appropriately.

Mr Mephisto

OFKU0 · 10-14-2003, 07:48 PM

Tell the dealership you'll pick the car up and the first stop you make will be driving it into the middle of the fucking showroom.If they call your bluff,do it.That will be your 15 minutes.Enjoy.

kimmytr · 10-14-2003, 08:46 PM

Thank you for all your advice

I have a couple of advices from people at work. See what you think

1/ Call the bank, tell them that I'm going file for bankcrupcy and can I still keep the car

2/ Just pick up the car, drive it to a shopping mall or somewhere and park it there ( with the key in it ) and hope it disappear

3/ Pick it up and sell it through local paper. I have to take a big hit ( I paid $25,000 for it, I'll be lucky to get $22,000 for it! ).
This is one of my sore spot. The price of the car is $25,000 out the door, you figure with 8% sale tax included ( around $1,850 ), the car is only cost $23,150 and the next buyer will to pay tax again on the negociated price. Is there a way I can pass the tax on for him? That would be a good incentive for the buyer! Remember, the car NEVER left the showroom! Why should we pay the sale tax TWICE?

4/ Pick up the car, drive and sabotage it ( have a few ideas )and take it back to the dealer for repair. After about 3 or 4 times, the lemon law will look very good. ( it's not that hard short out the electrical system!)

5/ File for bankcrupcy and screw them all

OFKU0 · 10-14-2003, 08:53 PM

All kidding aside,try and reason with them.If that doesn't work,find your local trouble shooter from tv or radio and make a big deal about it.Might be your only hope.

Remember when the customer was always right? Not anymore because retailers don't give a rats ass about the customer because 99% of the people are too chickenshit to open their mouths.

onetime2 · 10-15-2003, 04:37 AM

First off, calling them gives you no record of cancelling the contract. Write a letter to the dealership with a copy going to the bank. Send it return receipt so you have evidence that they received it.

Contact the Better Business Bureau and the state Attorney General's office. They will be able to give you far better advice than anyone here.

Contract law varies from state to state. The bigger the stink you make with the dealer/bank the more likely they will help you.

IMO, do not pick up the car. Once you pick up the car, you are responsible. Enabling it to be stolen puts you at risk for insurance fraud.

I believe there is a good chance that you can get out of the contract since you have not picked it up.

Good luck.

One other thing, check the documents that were signed. There should be clearly defined actions which are required to terminate the agreement. There may be some penalties but it's far better than being held liable for the full purchase price.

BonesCPA · 10-15-2003, 01:28 PM

Quote:

Originally posted by kimmytr
I have a couple of advices from people at work. See what you think

All bad. Leaving it to be stolen might leave you with a shortfall from insurance. Sabotaging it might be detected. Filing for bankrupcy kills your credit and faking it won't work. If you can't afford it, then you may be forced into selling it - but you won't pay the sales tax twice, you already paid it, the new buyer would pay it this time.

I would say get a second opinion from another lawyer. Your state may be different that others with the 3-day rule. Unfortunately you may just be SOL in this case.

kimmytr · 10-15-2003, 03:00 PM

hi, everyboby

first, onetime2, in addition to phone calls. I faxed them too ( to the dealer and the bank ) and I still have the copies of the fax.
Would that be enough?

BonesCPA, I understand that I don't have to be the tax twice but my point is why my buyer have to pay it again when the car never left to showroom? ( it would be a great incentive for him to buy if he don't have to pay the sale tax!). Does anybody know any loophole about it?

PLEASE HELP!!!!!

I'm willing to pay anyone in here willing to represent me! Doesn't have to be a lawyer, just articulate ( to talk to them ) and know a little about the law

Mael · 10-15-2003, 03:15 PM

can you sell it by having someone take over the payments? not sure how tax would workwith that.

vermin · 10-17-2003, 04:28 AM

Find out where the sales manager lives and tack a dead cat to his front door at 2-3 a.m. Works better if it's his cat.

10-14-2003, 04:34 PM	#1 (permalink)
kimmytr Upright	Any lawyer in the house??? Here is the whole story A couple of weeks ago, on Saturday, my wife signed a contract to buy a new car ( Pontiac Grand Prix GTP) from a local dealer ( Cleveland,OH). It is to be pick up on the following Monday. Well, early that Monday at work, the company (GE) annouced that there will be cutting 30% of the workforce ( lighting business not doing too well!). and she may or may not be included in that group, depending how many people will retire. Not knowing how it is going to turn out, she called the dealer in inform them that she cannot afford the car at this time and ask them to cancel the transaction.The dealer's manager called back and talk to her boss to verify her story and her boss confirm it. End of the story, right???? Well, yesterday, She received the bank payment coupons along with the white title. Apparently, the dealer just ignored her plea and send the paperwork through. She called the bank ( Chase ) to explain the situation and were told the dealer have to call them if she want to cancel. She called the dealer and were told it out of their hand and gave her the runaround. I did some research, and to my surprise, there is no such thing as a 3 days cooling period. I called a lawyer and were confirmed that was the case and did not want to take the case but advised me to just ignore them and the worst it could happen is the bank will give her bad credit report ( They couldn'd reposess the car since it is still at the dealer ) So, what could happens ( worst case scenario? ) and what should I do? Please! somebody point me in the right direction!!! Thand you in advance for all your help!!!

10-14-2003, 07:34 PM	#2 (permalink)
rogue49 Loser	Call another lawyer (until you find one willing to followup)... and also start contacting your local govt. officials. BTW...totally ignore the one who said "you'll JUST get bad credit" That shit will fuck up your credit record. They could care less about the implications to your life. Please followup & follow-through. Call up the dealer, and let them know exactly what you are doing, and you won't stop...let them sweat...maybe they will finally cut you a deal. Call their bluff...and be the most annoying customer by telling the facts, and continue to do so. To them...it's really not worth a fight...they don't make THAT much on each vehicle... and lawyer's fees would cut into their profit. Good luck Last edited by rogue49; 10-14-2003 at 07:39 PM..

10-14-2003, 07:48 PM	#4 (permalink)
OFKU0 Junk	Tell the dealership you'll pick the car up and the first stop you make will be driving it into the middle of the fucking showroom.If they call your bluff,do it.That will be your 15 minutes.Enjoy. __________________ " In Canada, you can tell the most blatant lie in a calm voice, and people will believe you over someone who's a little passionate about the truth." David Warren, Western Standard.

10-14-2003, 08:46 PM	#5 (permalink)
kimmytr Upright	lawyer Thank you for all your advice I have a couple of advices from people at work. See what you think 1/ Call the bank, tell them that I'm going file for bankcrupcy and can I still keep the car 2/ Just pick up the car, drive it to a shopping mall or somewhere and park it there ( with the key in it ) and hope it disappear 3/ Pick it up and sell it through local paper. I have to take a big hit ( I paid $25,000 for it, I'll be lucky to get $22,000 for it! ). This is one of my sore spot. The price of the car is $25,000 out the door, you figure with 8% sale tax included ( around $1,850 ), the car is only cost $23,150 and the next buyer will to pay tax again on the negociated price. Is there a way I can pass the tax on for him? That would be a good incentive for the buyer! Remember, the car NEVER left the showroom! Why should we pay the sale tax TWICE? 4/ Pick up the car, drive and sabotage it ( have a few ideas )and take it back to the dealer for repair. After about 3 or 4 times, the lemon law will look very good. ( it's not that hard short out the electrical system!) 5/ File for bankcrupcy and screw them all

10-14-2003, 08:53 PM	#6 (permalink)
OFKU0 Junk	All kidding aside,try and reason with them.If that doesn't work,find your local trouble shooter from tv or radio and make a big deal about it.Might be your only hope. Remember when the customer was always right? Not anymore because retailers don't give a rats ass about the customer because 99% of the people are too chickenshit to open their mouths. __________________ " In Canada, you can tell the most blatant lie in a calm voice, and people will believe you over someone who's a little passionate about the truth." David Warren, Western Standard.

10-14-2003, 07:38 PM	#3 (permalink)
Mephisto2 Junkie	Tell them you'll camp outside their dealership with a big sign saying "These SOBs ripped us off" and that you'll hand out leaflets detailing their actions to everyone who walks up to their door. Seriously. No business can afford bad publicity like that in the current environment. They're wankers for acting like this, so treat them appropriately. Mr Mephisto

10-15-2003, 04:37 AM	#7 (permalink)
onetime2 Junkie Location: NJ	First off, calling them gives you no record of cancelling the contract. Write a letter to the dealership with a copy going to the bank. Send it return receipt so you have evidence that they received it. Contact the Better Business Bureau and the state Attorney General's office. They will be able to give you far better advice than anyone here. Contract law varies from state to state. The bigger the stink you make with the dealer/bank the more likely they will help you. IMO, do not pick up the car. Once you pick up the car, you are responsible. Enabling it to be stolen puts you at risk for insurance fraud. I believe there is a good chance that you can get out of the contract since you have not picked it up. Good luck. One other thing, check the documents that were signed. There should be clearly defined actions which are required to terminate the agreement. There may be some penalties but it's far better than being held liable for the full purchase price. __________________ Strive to be more curious than ignorant. Last edited by onetime2; 10-15-2003 at 04:39 AM..

10-15-2003, 03:00 PM	#9 (permalink)
kimmytr Upright	hi, everyboby first, onetime2, in addition to phone calls. I faxed them too ( to the dealer and the bank ) and I still have the copies of the fax. Would that be enough? BonesCPA, I understand that I don't have to be the tax twice but my point is why my buyer have to pay it again when the car never left to showroom? ( it would be a great incentive for him to buy if he don't have to pay the sale tax!). Does anybody know any loophole about it? PLEASE HELP!!!!! I'm willing to pay anyone in here willing to represent me! Doesn't have to be a lawyer, just articulate ( to talk to them ) and know a little about the law

10-15-2003, 03:15 PM	#10 (permalink)
Mael Banned Location: The Hell I Created.	can you sell it by having someone take over the payments? not sure how tax would workwith that.

10-17-2003, 04:28 AM	#11 (permalink)
vermin Indifferent to anti-matter Location: Tucson, AZ	Find out where the sales manager lives and tack a dead cat to his front door at 2-3 a.m. Works better if it's his cat. __________________ If puns were sausages, this would be the wurst.