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Dealer not able to payoff trade in after financing an new car

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by Grisel1437, Sep 13, 2018.

  1. Grisel1437

    Grisel1437 Law Topic Starter New Member

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    I just financed a new vehicle and traded in my lease. The new dealer was to send a payoff to my lease. However, the payoff was returned to the dealer. When I called to find out why this happened, it was stated to me that they had advised the car dealer that they could not buy my lease from me because of a recall. I was never told of this information and they went ahead with the deal regardless. When I confronted them about it, The dealer now claims that None of that is true and that they were given the okay to buy the car and provided with a payoff amount. However the lease dealer says that is absolutely not true and that they record all there messages. In the meantime I am spinning my wheels stuck in the middle and not getting anything resolved with either dealer. Now I still have the debt of this car I no longer have, they tell me they are not able to apply the payoff because of the recall and actually sent the money back to the dealer. My credit is going down the drain and the car is already in default. I don’t know who is telling the truth. Do I have a case here?
     
  2. Highwayman

    Highwayman Well-Known Member

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    Case for what?

    Why don't you get your money back from the dealer and pay the car off yourself.
     
  3. army judge

    army judge Super Moderator

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    It can't hurt to talk to a couple lawyers in oyur county in an effort to have someone evaluate your legal position.

    Make sure you take all of your purchase documents and communications you have had regarding the dilemma.
     
  4. mightymoose

    mightymoose Well-Known Member

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    Have you asked how you can pay off the original vehicle?
    It would seem that the payment that was returned to the current dealer should be given to you. Have you asked for it?
     
  5. Grisel1437

    Grisel1437 Law Topic Starter New Member

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    Yes the dealer already suggested to make out the check to me so I can payoff the car myself. And I will definitely try to do that. But won’t the recall issue be a problem for me as well? And what really upsets me is that they do not want to take any responsibility and my credit is destroyed. I want them to put in writing that this was their wrong doing. My lease company said if they got it in writing they would take off late status on my credit. But they keep saying that they did nothing wrong! Somebody is lying is all I know and it’s probably
    Dealer B because they wanted to get their deal and sell a car. My lease company suggested not handing over the title to them if they do not give me the letter.
     
  6. txls

    txls Well-Known Member

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    Whoever has the car needs to get the recall done then problem solved. This business of not being able to sell cars with open recalls is fairly new, and I've only seen it with regard to selling new vehicles, so I don't see necessarily that anyone did anything "wrong".
     
  7. Grisel1437

    Grisel1437 Law Topic Starter New Member

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    Well......if they were told they were not allowed to buy the car from me for whatever reason, shouldn't that have been something that was communicated to me. And yes logically, I also thought the same thing, that the new dealer that took my car would be responsible for taking care of the recall. But NO!! Instead I was told by my lease company that I had to go pick up the car and take care of the recall before they would pay off the account. The new dealer then told me that absolutely NOT would they give me the keys to the car because I was no longer the owner of the car.
     

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