Hi everyone this is my first post, thanks for your help. On 4/12/2014 I went to a Jeep dealer to hopefully get a new car since mine was about to break for good so I was in desperation I guess you could say. They approved me at a high interest rate 17% (My credit is bad), so I drove away that day with a new 2014 Jeep Cherokee. I had to make a down payment of 1000 plus my trade in. We agreed on me giving them 2 checks for 500$ of which they would deposit on the day specified (when my direct deposit goes in). This wasn't in writing unfortunately and they made a "mistake" and deposited both checks at the same time and left me with 70$ to get me through two weeks until I got paid again. I called and complained and they weren't very responsive in trying to remedy the situation, so after calling so many times, I decided to wait for them to call me. Finally this week the finance guy calls me and asks me to come in to help me out with mistake. So when I get there, he says they "accidentally" told the bank I was getting a Wrangler, and that I needed to re-contract because the loan should be for a Cherokee. So the idiot I am, I signed with a slightly higher rate of 18.2%, because they made it seem like if I didn't sign I would need someone to pick me up because I'd be out of the Jeep. So to remedy them depositing both checks and screwing up my budget, they could only give me 50$ and a full tank of gas (not helpful). By this point I was so angry, I did my research and I determined I have been "yo-yo'd". So I started going through the paperwork finding something that could break my contract. The first thing that struck me as funny at first was a week after 4/12 my trade in was up on autotrader for sale. Then tonight still determined, I found on the retail sales agreement that if I was spot delivered my new car, they must retain possession of my trade in until the lender finalized the loan. They were trying to sell my trade in before the lender finalized the loan. The loan was finalized on the 5/8. I print up the Carfax for my trade in and it says 4/17 "In inventory", "up for sale". So I think the broke the contract not retaining possession of my trade in, because they attempt to sell it before my loan had been finalized. Does this sound like solid ground for breaking out of the contract? I'm so fed up, I don't want chrysler to even get one penny of my money, my first payment isn't due yet.
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Car dealer Yo-yo'd me, but to my luck, breached sales agreement.
- Thread Starter clemke314
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army judge
Super Moderator
If the dealer won't accede to your requests, a court is the only place you can go to seek your remedy.
That presumes, of course, the contract you signed permits legal action.
Some contracts require arbitration.
Reread and reread and reread. Your contract determines the scope of your remedies.
Forget small claims court. You need a court of record, and one that can declare injunctive relief.
You might wish to speak with a couple attorneys.
The initial consultation is normally free of charge.
That presumes, of course, the contract you signed permits legal action.
Some contracts require arbitration.
Reread and reread and reread. Your contract determines the scope of your remedies.
Forget small claims court. You need a court of record, and one that can declare injunctive relief.
You might wish to speak with a couple attorneys.
The initial consultation is normally free of charge.
mightymoose
Moderator
Also, they retained position of the vehicle while it was listed for sale. Do you happen to know if it was actually sold?
Regardless, you would still have to show that you were somehow damaged by this.
The bottom line here is that you should not have written the checks in advance.
If the check was post dated and the bank still honored it then you might get some relief through the bank, but don't count on it.
Regardless, you would still have to show that you were somehow damaged by this.
The bottom line here is that you should not have written the checks in advance.
If the check was post dated and the bank still honored it then you might get some relief through the bank, but don't count on it.
disagreeable
Well-Known Member
That is not a primary part of your contract and is secondary to the purchase. It is violation of the contract for which no remedy is spelled out. It is not a violation of the contract for which you incurred damages or there were assigned damages. Further you have not proved they did not retain it, only that they advertised it for sale.
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"If you have entered into a spot delivery agreement, the sale of the vehicle is conditioned on final approval of financing by the lender. We will retain possession of your trade in vehicle until financing is approved and, if final financing approval is not obtained, we will return the trade in vehicle and any payments you have made toward the purchase of the vehicle to you in accordance with agreement."
This is on the back of the Retail Purchase Agreement. What if my trade in was sold before the lender finalized my loan? I guess it's up to the interpretation, but Retain means to hold onto. They were trying to relinquish possession of my trade in before my loan was finalized. That's not retaining, nor does it show intention to retain. To make it clear, I was Yo-yo'd and yes, I'm guilty for falling for it. But after the fact, knowing what I know now, I know they basically screwed me, and I'm trying to give it back to them by finding something that could put my contracts in question, and this is the one thing that I think can help me. Simply put, I don't want them to get my business, and I'm hunting for a way out. Does this seem like a sound argument? Should I even make an attempt to pursue this? I have proof of my loan finalization date, I have proof of them attempting to get rid of my car, and to me it seems as clear as day that they had no right to even attempt to sell my trade in until my loan went through. I don't sign an agreement to say I'll hold onto "this" and then attempt to get rid of it, my promise was to hold onto it until "then".
mightymoose
Moderator
This is not a way out. What you are presenting simply is not the violation you think it is.
Had you not been approved for financing and at that time your vehicle was not available for return to you then you might have an issue.
If this is the best you have then you have nothing, sorry.
Had you not been approved for financing and at that time your vehicle was not available for return to you then you might have an issue.
If this is the best you have then you have nothing, sorry.
Yeah, I did some more research and I guess it's an "immaterial breach". But anyway I talked to the manager today and explained my whole horrible experience, and he said the salesmen/financial people did mislead me with the 2 check down payment. Chrysler capital doesn't allow that. He actually seemed angry and was gonna hold the people I dealt with accountable and try to help me out to relieve me of my horrible experience. So I guess that's good. Thanks for all your help!
disagreeable
Well-Known Member
You don't actually believe that do you? A dealership operates in a fast, efficient, profit driven manner.
Betty3
Well-Known Member
Good luck to you - "maybe" he really will help you out.
army judge
Super Moderator
clemke314:
One final thought for you to consider.
Never give anyone a POSTDATED check.
Why?
Legally there is no such thing.
Check processing is automated these days, and no one reads the date.
That's why STALE DATED checks sometimes get processed.
Besides, more often than not, the person receiving the POSTDATED check does exactly what the dealer did to you.
They send the check IMMEDIATELY to the bank.
Would you give someone your debit card (along with your PIN number) and tell them to hold it for two weeks, then go to your bank and withdraw $500?
I think we both know what would happen in most cases.
By the way, a trustworthy entity won't accept (nor would they ask you to) give them a PD check.
For your future reference, if anyone ever asks you again for a PD check, a very, loud alarm should immediately go off inside your head.
One final thought for you to consider.
Never give anyone a POSTDATED check.
Why?
Legally there is no such thing.
Check processing is automated these days, and no one reads the date.
That's why STALE DATED checks sometimes get processed.
Besides, more often than not, the person receiving the POSTDATED check does exactly what the dealer did to you.
They send the check IMMEDIATELY to the bank.
Would you give someone your debit card (along with your PIN number) and tell them to hold it for two weeks, then go to your bank and withdraw $500?
I think we both know what would happen in most cases.
By the way, a trustworthy entity won't accept (nor would they ask you to) give them a PD check.
For your future reference, if anyone ever asks you again for a PD check, a very, loud alarm should immediately go off inside your head.
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