Sailor1967
New Member
Hello, my name is Chris. I am in California. I recently purchased a used truck off of a lot. Technically I purchased this truck twice. I first went to the Dodge dealer in question to buy a Dodge 2500 P/U Truck. When I went there they no longer had this truck in stock, but someone had just traded in a Dodge 3500 Dually P/U which better suited the needs I had. They offered this truck to me and I agreed to it. I had not seen the truck but had the Car Facts folder which basically told me the truck was in good condition. We completed all paperwork and was told by the salesman that although your credit isn't perfect, it is high enough to get this truck. I said ok, then asked them how long before this truck would be ready because I was using Rental Trucks to handle deliveries for my company. I was told one week but that turned into one month where they were detailing and getting the truck together. At the end of this time frame they told me the Bank would not finance this truck because of the mileage. The finance person said he had a newer Dodge 4x4 2500 on the lot that I got approved for, and he asked if I would want it. I said sure, looked at the truck and told them that one window was broken and needed to be repaired. They were still holding $2500.00 in post dated chcks from the initial agreement on the dually. The finance person had also told me that if I found a truck in their inventory that I liked and fit into my financing range he would set it aside for me. While I was looking one evening at their inventory, I noticed the original Dodge 3500 that I had tried to purchase at a lower price. I e-mailed and called the dealership and informed them of this. Within one hour after they sorted things out they called me back and said the truck was mine. I clarified with them and asked if the financing had gone through and everything. I told them I don't want to drive down there and find out the truck isn't mine yet. Based on the agreement with financing, I left $5000.00 down in post dated checks in which they were to sporadically deposit. After approximately 3-4 weeks they started calling me, using different stories to have me come to the dealership. I informed them that I wasn't even in the State because as they knew I was using this truck for work purposes and was making car, motorcycle, and tractor deliveries. When I finally got there they told me that the financing had not gone through. I was livid because I had delayed business transactions, made deals based on having this trucks use and capacity. Then after they told me to bring in the truck they started depositing checks into both banks utilizing the checks I told them not to use causing over $300.00 in bounced check fees, and they started to deposit the checks into the other account as well, all after they knew they were going to take back the truck because they had no financing. I want to sue for $26,000 which is the value of the truck after financing, or clear title of the truck. In short I want the truck still. Also I want an anti-repossession/ collection order pending the Judgement. Is this possible and what are my grounds besides they lied to me?
