Auto Retail Purchase Agreement problems

[kevin73]

(10/20/11) I needed money to pay off my pregnant wife's doctor before he will perform her scheduled c-section next week, so I went in to a Honda dealership and traded in my very reliable 2003 Honda CR-V (with 93,750 miles on it) for $6500, and got a 2004 Nissan Maxima for $4000 and had positive equity of $2500 (minus title, paperwork, inspection etc). They said they would probably cut me a check for $2253.60 on Monday (today is Thursday). The finance guy told me that they needed time to make sure that the title was clean and for the accounting department to OK the check.

After I signed all of the paperwork (which was filled out by them after each paper was sent through their printer and presented for me to sign), I drove away with the Maxima. Then enviable happened, within 10 minutes I noticed a major transmission issue. After some research, I found out that the 2004 Nissan Maxima's transmission has issues after it heats up. I know that they sold me the car "as-is", but my wife seems to think that since I haven't received the check, the contract hasn't been finalized.

I knew that she might have a valid argument, but I wanted something more substantial to argue with. So I scoured all of the paperwork I signed and found some glaring mistakes. In the "Retail Purchase Agreement" they put that the vehicle I traded in had 93255 miles on it. When I saw that, I knew that might be wrong. I remember thinking that a few days ago it had close to 93700 miles on it(but that maybe I was mistaken). I then found some paperwork from the same dealership when I had routine service done to my car on Sept 27, 2011. Low and behold, under mileage it says 93,255, the same as the "retail service agreement".

I also signed a "odometer disclosure statement" (that they printed out), and it also said 93,255 miles. I asked the finance guy at the time if I had to print my name where it says "I,__________(transferor's name, Print), and he told me no, so it was left blank (I did sign it, as he did as well). I also signed a "Texas Disclosure of Equity in Trade-In Motor Vehicle" that had the Honda dealership's name, correct street address, but wrong city, state, and zip. Every other document I signed had their correct address on it. From my research, I don't think that they had to even make me sign that form because the vehicle is not being purchased under a retail installment contract.

Do you think I can take the Maxima back in the morning and get my Honda back? Is the wrong mileage (by more than 500 miles on the car I traded in) that they put on the Retail Service agreement enough by itself to null and void the contract (especially considering I have proof that they got the mileage reading from their Service department's computer system on Sept 27)? Thank you in advance for any help I receive.

 

[army judge]

Sorry, none of those irregularities will allow you to void the contract.

Your problem is the "As-is" clause.

You're stuck with the 7 year old paper weight.

I wish your wife well with her upcoming procedure.

Is there any language that says how quick the check for your equity is to be in your hands?

If there is, that could be your way out.

The Texas attorney general's website might be if some value.

The AG's office enforces our "lemon law".

Read the details at the AG website.

 

[kevin73]

Thank you Army Judge for your quick response (even if I don't like what you've told me LOL). I am bound and determined to find a way out of this. After some additional research, I went to the FTC website and found this:

"The Federal Trade Commission's (FTC) Used Car Rule requires dealers to post a Buyers Guide in every used car they offer for sale. This includes light-duty vans, light-duty trucks, demonstrators, and program cars. Demonstrators are new cars that have not been owned, leased, or used as rentals, but have been driven by dealer staff. Program cars are low-mileage, current-model-year vehicles returned from short-term leases or rentals. Buyers Guides do not have to be posted on motorcycles and most recreational vehicles. Anyone who sells less than six cars a year doesn't have to post a Buyers Guide.

The Buyers Guide must tell you:
whether the vehicle is being sold "as is" or with a warranty;
what percentage of the repair costs a dealer will pay under the warranty;
that spoken promises are difficult to enforce;
to get all promises in writing;
to keep the Buyers Guide for reference after the sale;
the major mechanical and electrical systems on the car, including some of the major problems you should look out for; and
to ask to have the car inspected by an independent mechanic before you buy."

When I went to buy a car on Tuesday, I knew I needed a cheap car in order to get a positive return in equity. They showed me a Honda Oddesy mini van that had good mileage but needed body work. Then the car salesman went over to the sales manager and asked him about a Nissan Maxima with 155K miles on it (also on the print out they gave me) that was recently traded-in but it had too many miles on it for them to sell it. They were just going to send it to auction and sell it there. I went out and looked at the car which was (is) very nice. On the window it had writing in white marker on the window. It said trade-in, 155K miles, some code numbering, 49 point inspection....all of which were crossed out and it said send to auction. There was never a buyer guide anywhere on the vehicle. I came back the next day and looked over the car and test drove it. The car ran perfectly fine, and only had a minor coolant leak that I got their mechanic to diagnosis (and price the repair for me --$75 + labor), and a belt squeak that I got them to fix. I also noticed that when I drove the car, the odometer read 135K miles (which made the purchase price that much of a better deal for me.....retail value is between $6500-$10000). I agreed to purchase the car and the sales man walked me over to the main dealership where I signed the paper work. I NEVER saw or received a buyer's guide. In fact, they have other cars in the same part of the lot that were recently traded in that have the same white marker writing on them. None of them have buyer's guides.

Will this help my chances? I am trying to make an appointment with an attorney ASAP (with my belief that time is of the essence). I understand that each factor taken individually may not force them to rectify the situation, but taken as a whole, do you think that I stand a better chance (or any chance at all)? Or am I stuck with the paper weight? Thanks again!

 

[army judge]

I wish you well.
I hope you new bundle of joy and your wife fate well.

The car?

Dude, any car in excess of 50,000 miles these days is trouble.

One in excess of 100,000 miles you shouldn't even look at it.

I understand your financial dilemma.

I won't give you more bad news.

I suggest you pray.

 

[kevin73]

I wish you well.
I hope you new bundle of joy and your wife fate well.

The car?

Dude, any car in excess of 50,000 miles these days is trouble.

One in excess of 100,000 miles you shouldn't even look at it.

I understand your financial dilemma.

I won't give you more bad news.

I suggest you pray.

I prayed, and went up to the dealership and showed the head hancho all of my copies of the error filled paperwork and told him about the lack of a buyer's guide (which carries a $10000 dollar fine per violation) and the fact that none of the cars over in the used car lot have a buyers guide as required by federal law, he agreed to take void the contract and swap out the cars. Hallelujah!

 

[army judge]

I prayed, and went up to the dealership and showed the head hancho all of my copies of the error filled paperwork and told him about the lack of a buyer's guide (which carries a $10000 dollar fine per violation) and the fact that none of the cars over in the used car lot have a buyers guide as required by federal law, he agreed to take void the contract and swap out the cars. Hallelujah!

Good for you.

Never talk to the underlings.

Always talk to Mr. Big or Ms. Big.

 

[kevin73]

Honda Keys in hand and just waiting for the head hancho to retrieve the title. I am fully aware how lucky I am right now, especially after reading how it's next to impossible to take a car back when it's purchased as-is. Tons of gratitude right now!

 

[Disabled Vet]

I would also be back to that dealership in the future for my car buying. Since they did this for you. this tells me this dealership cares about their customers. I would also send them a letter later this week again "Thanking them for what they did for you and your family". It's nice to find a car dealership that cares these days. They are far and few between...

I am happy for you.