Car Dealership refuses to pay purchase order

[abccbrooks]

Jurisdiction

Texas

To make a long story short, I went through a horrible experience with a car dealership after I bought my car. They took it in for repairs and were out of loaners so they sent myself and the salesman to a rental place to get a car for me to drive while they had mine fixing it. The salesman had a purchase order given by the repair man to pay for the car. I was assured multiple times that I did not have to pay for it.
I drove the rental for two months after emailing and checking on my car that they were repairing the whole time. They lost my car, told us multiple times different things that were wrong with it (they didn't know what was wrong with it), we had to go find my car by calling dealerships in town, and they damaged my car while they had it.
Anyways, a few weeks after we dropped off the loaner and got my own car back, the rental car place calls and says that the dealership can't find the loaner and that they said I still had it. I went back to my emails gave them the date we returned it, who we gave the keys to and where we had parked it.
Now today I get a phone call from the rental car company saying that the dealership is refusing to pay for the bill. The man is super nice and has been going up to the dealership to try to talk to someone, and has also called the company that owns the dealership and no one is calling him back. He said we will be responsible for the bill if we don't pay. Which the bill is over $3000. Also after discussing the bill with them, after they talked to me about them saying I still had the rental I was told by the rental car that they had to go to the dealership and find the car and that the keys were in the car. From what the rental guy said, the dealership has also lost one of their cars and can't find it.
The whole situation from start to today has been a nightmare. I have emails from the General Manager who had the Sales Manager reply and also the finance manager from the whole mess while they had it.
Now this, as far as legal who do I talk to? What kind of lawyer? What kind of case is this? Can I even do anything? Can I file something with them in my state (Texas)? I really need help. We do not have that kind of money. There is no way we can pay that and I would have never, ever let them put me in that type of loaner if I knew I would have to pay for it!

Oh and just for time line knowledge. We dropped it off at the dealership and got my car in May. They had to go find the car in June. And now it is August that they are not going to pay.

 

[army judge]

now it is August that they are not going to pay.

Bobby tells Leroy to pay $4,000 within 10 days, otherwise Bobby will sue Leroy.
Bobby further informs Leroy that Alberta refuses to pay his car rental bill based upon the purchase order she gave to Bobby.

Leroy was assured by Alberta that she would pay the bill for Leroy's car rental.

Leroy wants to know what he can do to solve the nightmare.

Leroy can wait until Bobby sues him, and in his answer he cross claims against Alberta.

It appears your scenario is headed for small claims court.

Bobby tells his story, Leroy tells his, and Alberta tells hers; the judge will decide.

There's no magic chant, secret handshake, or form that any of the parties can use to resolve this, or to compel one party to pay the other.

It wouldn't hurt Leroy to visit a couple local lawyers, tell his story, and see if the local lawyers have additional suggestions.

Bottom line, when people disagree, their resolution lies in a courtroom.

 

[abccbrooks]

So we need to find lawyers is what you are saying.

 

[army judge]

So we need to find lawyers is what you are saying.

No, I said it might be useful to talk to a lawyer or two.
The initial consultation is normally provided at no cost to you.
Its a great way to discuss your issue and see if there are any useful options, other than bending over and preparing for a ramming.

Here's the problem, a civil case filing will ding your FICO.
A judgment against you will batter your FICO.

A local lawyer can write lawyer letter to the dealership, seeking to arrive at a mutually acceptable solution.

Your case is odd, because the dealer carnapped your vehicle for months, set you up in a rental car, and refused to pay as promised, and also lost your car.

Yours is a complicated legal matter, and a lawyer might be the only way to extricate yourself with a lawsuit, or the threat of a lawsuit by a lawyer on your behalf.

Frankly, you have some sort of case, which is why I suggested spending 30-45 minutes to see if other lawyers concur.

There's detrimental reliance which has now disadvantaged you tot he tune of $3,000.

I also see something with the carnapped auto.

 

[abccbrooks]

Thank you so much. I really appreciate it.

 

[zddoodah]

Did you sign a contract with the rental car company? If so, does that contract say that anyone other than you will be responsible for the charges? Or does it look like any other rental car contract such that, in the absence of your story about the dealership arranging for this rental, it would appear to anyone who looked at the contract that you are liable?

 

[abccbrooks]

The contract is with the dealership and has a purchase order. I have seen bills because I asked them to send them to me. It states to bill to the the dealership and shows their purchase order number. I am only listed as the driver. However the rental company said that there is a part of the contract that states if a the third party does not pay then I am responsible.

 

[mightymoose]

Personally, I wouldn't worry much about this. The rental company knows the dealer has the means to pay and they will sooner get paid by the dealer than by you.
I wouldn't pay a penny, and I wouldn't have any further communication with either business.
There is no need for you to be involved in any of this at this point. No need to worry about an attorney until you receive a bill or you are served with papers to appear in court.

 

[abccbrooks]

I have been told by the rental company that since they are refusing then I have to pay.

 

[army judge]

I have been told by the rental company that since they are refusing then I have to pay.

Why is the dealer allegedly refusing to pay?

What do you have in WRITING that indicates the dealer agreed to pay the debt?

What have the dealer's personnel told you about your car and the car rental payment?

Are you still driving the rental car?

Is the car rental company one of the nationally known agencies, or it a small, local car rental?

Where is your car?

If the dealer still has your car, what have you been told about its return to you/

 

[zddoodah]

I have been told by the rental company that since they are refusing then I have to pay.

Well...if I told you that one of my clients was refusing to pay me so you have to pay, would you believe that?

If you're not a party to a rental contract, I'm at a loss to understand how the rental company believes you have any obligation to pay.

the rental company said that there is a part of the contract that states if a the third party does not pay then I am responsible.

Ok...can you quote that provision in its entirety? Also, did you sign the contract?

 

[abccbrooks]

They said a part of the contract said if the third party refuses to pay we are responsible.
I understand what you are saying totally. My husband is thinking the same way.

 

[zddoodah]

They said a part of the contract said if the third party refuses to pay we are responsible.

This is the about the fourth time you said this same basic thing. I'm not asking you to tell me what someone is telling you. What I asked was whether you can quote the provision in the contract in its entirety. Do you actually have a copy of the contract, or are you merely relying on someone else to tell you what it says and interpreted it? Also, did you sign the contract?

I understand what you are saying totally. My husband is thinking the same way.

I haven't told you what I'm thinking and haven't reached any conclusions. I'm trying to gather relevant facts before reaching any conclusions.

 

[mightymoose]

I have been told by the rental company that since they are refusing then I have to pay.

If I tell you that you owe me $100 will you pay me?
I doubt it.
Ignore them. If they have a legitimate claim against you they can pursue a judgment in court and explain why they aren't pursuing the dealer.
They might tell you many things because they want money. Stop communicating with them.