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-   -   I'm being swindled! Please help! (https://www.ft86club.com/forums/showthread.php?t=16174)

Benzy 08-31-2012 01:39 PM

I'm being swindled! Please help!
 
Please don't tl;dr. I need help. I've made a mistake and I am trying to resolve it.
I realize I messed up, but I've run into a financial circumstance, where I am no longer in a position to purchase the car.

So, I ordered the FR-S from the factory, only paid a 100 dollar deposit sometime in early July.

August 22nd they asked me to come in to test drive one they had on the lot.
When I got there they suggested I get my trade-in appraised, while I test drove the car, I had just got done working all night so this seemed like a reasonable idea, so I complied.(mind you, I was very tired)

When I was finished test driving, they had suggested I fill out the paperwork, because I was sure that I was going to buy the vehicle.

I complied.
While in the finance office, the finance manager tells me he probably can't get me approved, unless I tack on the life insurance and the extended warranty.
When i started to get nervous about the price on paper, 34000!!!! :confused0068: He said "I can see you're getting nervous, Don't worry about a thing, none of this is final until you take delivery of the vehicle and after we get financing we can just take the life policy and the warranty off."


I am somewhat relieved, I sign the paperwork as I'm eager to get my keys for my trade-in back and get out of there. (really dumb move. I know.)

I decide that I can't afford the car, and try to notify them before the car is even on their lot that I am no longer interested.

No response until 2 days ago, they told me "you signed paperwork you have to buy this car"
I have contacted the general manager, and I am going to go in to discus this with him, without the sales manager who has been sending me harassing phone calls these 2 days threatening me with a "signed cashable contract"

Important note:
Upon reading the contract, I noticed that the VIN is that of a manual FR-S (which I ordered) BUT the paperwork says that the car is automatic.
VIN is listed as a manual car, but the contract says I signed for an automatic.
Does this void the contract?

Any help is appreciated.
I'm freaking out. :mad0259::mad0259:

whaap 08-31-2012 01:52 PM

Any advice you get here will be worth exactly what you paid for it. So many variable things are involved. See an attorney as soon as you can.

Neziah 08-31-2012 01:53 PM

Talk to the GM, keep your cool and just tell him you do not want the car. If you have not taken delivery, or signed the actual financing documents it is not a done deal. Even then you have time to back out in some states. The sales manager is trying to strong arm you because he wants the commission. ( then add them to the dealer Black list here )

You are far better off selling your own car and taking in some cash down along with pre-approved financing from a credit union, instead of taking the hit on your trade in as well as over priced options. Do not let impatience get you screwed financially. It is just a car, they will make more of them. :D

Lytheum 08-31-2012 01:57 PM

contact a lawyer and go from there. just a gut feeling, but since the car isnt even there yet i think you should be able to get out of it. just contact someone asap

denverizzles 08-31-2012 01:59 PM

If you haven't signed the financing documents it's the deal isn't completed. Also, even though you sign the documents, the bank may still even reject the application, even though it was approved at the dealer. In situations like this, you have to return the car and the dealership is stuck with a used car.

But there are a lot of variables, i too recommend getting an attorney in the unfortunate event, they try to strong arm you.

jadewbj 08-31-2012 02:01 PM

I did not think they could have you sign papers for the car until you take delivery of it. If they refuse I would contact Jaolpnik and a lawyer.

GreenHell 08-31-2012 02:05 PM

Well, you're somewhat screwed! At the very least, I would consider your $100 deposit gone and at most, you're on hook for paying for the car. I think the outcome of your situation depends on how far the dealer is willing to take the case.

Legally speaking, they have a valid contract but you might be in a somewhat grey area because they still have possession of the car. Whatever you do, do not take possession of that car if you do not want it. The most they could do is take you to court which might not be a bad thing because you will have the opportunity to explain to the judge how high pressure tactics of experts “confused” your “sleep deprived” self into signing what-you-didn’t-know-was-a-contract for a car you cannot afford.

Hopefully, they didn't secure financing and register the car already! Make it extremely clear (with evidence) that you do not want the car before they register it in your name, if not already registered.

Zach 08-31-2012 02:06 PM

Your more than fine, these are typical "sales" techniques. Play hardball if you have to and say you can get a attorney involved but explain to the general manager that at THIS point in your life you will not be buying the car but you hope to keep a strong relationship with the dealer so when you are ready, they can help.

Good luck and if you really have issues after going in shoot me a PM.

mines13 08-31-2012 02:07 PM

I have a REALLY hard time sympathizing with people in situations like this. You should not have too much trouble walking away from this deal. A little thought would have gone a long way, and this thread would not exist.

SLEEPER WRX 08-31-2012 02:08 PM

You are trying to make yourself out as a victim here

You went to the dealership and danced with these people

Don't play the game if your not ready for the consequences.

whaap 08-31-2012 02:09 PM

See, you still have no idea what the hell to do. Talk to a good lawyer and you'll feel a lot better than you do now.

Most will give you your first consultation free.

Justin.b 08-31-2012 02:11 PM

Just don't take delivery of the car.... and try to be smarter in the future.

-Justin

Tanuki 08-31-2012 02:26 PM

Yeah they can't make you buy it yet. You have to sign the delivery sheet and everything else. You are out $100 and just stop answering their calls. The loan won't finalize till you drive the car home.

Nevermore 08-31-2012 02:35 PM

Quote:

"none of this is final until you take delivery"
This part makes me curious, if he told you that, wouldn't that mean the paperwork you signed isn't binding? You only signed it because he assured you with that line, which if it isn't true and your bound by the contract, wouldn't that still be illegal since he lied to make you sign it? I'm no lawyer, but I'm pretty sure he's not allowed to lie to you to get you to sign that paper.

wheelhaus 08-31-2012 02:35 PM

Was 34000 the vehicle sale price, or was that the total accumulated total after tax, fees, and 6 years of interest accrual?

TouchMyHonda 08-31-2012 02:42 PM

ugh.

gmookher 08-31-2012 02:45 PM

sugar works better than salt

Tanuki 08-31-2012 02:49 PM

Did they send you through finance? Do you have a copy of what you signed we can see?

thelegaCy 08-31-2012 02:52 PM

lol OP is screwed

Perfections 08-31-2012 03:00 PM

If they never got you financed you never signed any bank paperwork. Tell them to go fly a kite. It's just the dealers way of pressuring you into buying something. Next time don't let your excitement get the best of you.

Wolfking 08-31-2012 03:08 PM

Quote:

VIN is listed as a manual car, but the contract says I signed for an automatic.
Does this void the contract? Any help is appreciated. I'm freaking out. :mad0259::mad0259:
Well unless you wanted an auto, that shouldn't fly. I'm not going to lecture you and I wish others would stop! You've already admitted to US that you !@#$% up and realize that. This is punishment enough! Now let's fix your problem!

Have you taken delivery of said vehicle? If YES then that's a negative, however it's not the end.
If NO then you, may only have to deal with the loss of $100.

Zach's #8 posting had the best advice. Stay calm and follow the script!
I almost wish I could fight this one for you. Good luck!

jeebus 08-31-2012 03:08 PM

WTF is going on with life insurance? They try to sell that to you with a car?

artizhay 08-31-2012 03:09 PM

If you had researched prior to buying the car, you would know that the "we can't get you financed" excuse is a typical scam of dealerships. You're making a several thousand dollar purchase. At least go to the dealership prepared and know the ways that they are going to try to screw you.

Justin.b 08-31-2012 03:15 PM

When I bought my xB in 05 they tried to sell me life insurance. I think they tried to sell me disability insurance as well that would pay the car note if I lost my job. I figured if the dookie hit the fan to the point that I couldn't afford an xB I should just let them take it.

-Justin

FBaxteR-S 08-31-2012 03:21 PM

Quote:

Originally Posted by jeebus (Post 414618)
WTF is going on with life insurance? They try to sell that to you with a car?

...to protect the loan? Don't fly off the handle about something you clearly are not very much educated in.

Tanuki 08-31-2012 03:26 PM

Send me $200 and the phone number of this place. I will get you out of the deal.

execoll 08-31-2012 03:28 PM

Quote:

Originally Posted by jeebus (Post 414618)
WTF is going on with life insurance? They try to sell that to you with a car?

It's credit life and credit disability. It covers your loan in the event of death or disability. Usually grossly overpriced and benifits the financing company.

edit for clarification: the benifits are PAID to the finance company to be applied towards your loan.

The only time I would consider it is when someone cannot get insurance any other way and then there is some peace of mind benifit. I work in finance and rarely sell the insurance products unless the person requests it. I offer it, explain what it covers, and normally the person says they don;t want it and I am fine with that.

Warranties are a different beast and is up to the individual to determine if they will benifit from it according to their situation. Someone living paycheck to paycheck has different priorities than someone that has $5,000 a month left over after their bills are paid. One would laugh at a $1,000 repair bill and the other may have to file bankruptcy.

It is illegal to require the products be purchased in order to qualify for a loan. So don't fall for that line. Just a heads up for some of the younger members that may not have had a lot of experience with finance.

Synack 08-31-2012 03:34 PM

My dad; who is a General Sales Manager, just told me this:

1. If you have signed the contract and driven the vehicle off the lot AFTER signing;
you're screwed.

OR

2. If you have signed the contract and have called your insurance and put insurance on the vehicle, you're screwed.

Otherwise:
DO NOT PUT INSURANCE ON THE VEHICLE

Call the dealership and cancel the contract, let them know that you have not taken delivery and there is no insurance on the vehicle, which means the contract is not valid yet. You might have to go into the dealership to handle all of this.

If you have placed insurance on the vehicle:
You can still cancel all of the extra stuff like warranty, etc. Just walk in and tell them. They will try all day long to bully you. If they do not budge then ask for the General Sales Manager and talk to him.

You have 30 days after signing to cancel the contract if there is no insurance and the car hasn't left the dealership.

******
Worst case scenario: you have insurance on the vehicle already but you can still remove ALL extra options as long as you tell them before 30 days.

If the General Sales Manager does not comply, tell them you're getting your lawyer.

If you have already put insurance on the car and have already driven the car off the lot, you are completely 100% screwed.

kuma 08-31-2012 03:45 PM

Quote:

Originally Posted by Benzy (Post 414429)
Don't worry about a thing, none of this is final until you take delivery of the vehicle and after we get financing we can just take the life policy and the warranty off."

From what I remember when I purchased my FR-S, the dealership said that I can cancel my contract if I wanted to if I changed my mind. I signed papers for the car, the financing terms and monthly payments. Even for the extended warranty. They're putting these extra things in there so that you can be approved for a higher loan amount just in case you want to add those features later on.

You would be stuck w/ this financing terms and agreement once you drive the car off the lot. You can't be paying for something that you don't even have possession of.

I signed the papers w/ the 5 yr/60k warranty. When I went to go pick up the car, I said that the warranty was going to be useless for me and I took it off. No questions asked.

Take a deep breath and tell them you would want to cancel the contract. If not, tell them you're gonna get a lawyer if they don't comply.

Synack 08-31-2012 03:52 PM

Quote:

Originally Posted by kuma (Post 414662)
From what I remember when I purchased my FR-S, the dealership said that I can cancel my contract if I wanted to if I changed my mind. I signed papers for the car, the financing terms and monthly payments. Even for the extended warranty. They're putting these extra things in there so that you can be approved for a higher loan amount just in case you want to add those features later on.

You would be stuck w/ this financing terms and agreement once you drive the car off the lot. You can't be paying for something that you don't even have possession of.

I signed the papers w/ the 5 yr/60k warranty. When I went to go pick up the car, I said that the warranty was going to be useless for me and I took it off. No questions asked.

Take a deep breath and tell them you would want to cancel the contract. If not, tell them you're gonna get a lawyer if they don't comply.

Totally agreed! Just remove all options if you unable to cancel the contract entirely. If you haven't drove the car off the lot yet, then you have leverage.

RRnold 08-31-2012 03:55 PM

Damn I really want to feel sorry for you and I hope it wasn't the sales contract that you signed.

They really got you on this car and it's pretty sad that dealerships still work this unethically.

Justin.b 08-31-2012 04:21 PM

My recommendation, and please don't take this the wrong way, is that you go down to the dealer with someone who understands the process and cancel your agreement with them.

I am afraid that if you go by yourself you will say the wrong thing or agree to an inflated price and a loan you can't afford. Actually, from the little I know I can almost guarantee you'll agree to something you shouldn't if you go in unsupervised.

-Justin

njccmd2002 08-31-2012 04:22 PM

are you trollin or this is a real case. :dnftt:

at least post with an update or say thanks for all the help you have received here..

everyone is getting their panties in a wad, and we dont even know if this is for real

whaap 08-31-2012 04:27 PM

Quote:

Originally Posted by njccmd2002 (Post 414735)
are you trollin or this is a real case. :dnftt:

at least post with an update or say thanks for all the help you have received here..

everyone is getting their panties in a wad, and we dont even know if this is for real

I'm betting it's just a case of a young man getting in over his head being manhandled by a bunch of unethical, older men.

I imagine at one time or another we've all been there. I know that once upon a time I was.

Benzy 08-31-2012 04:43 PM

Thanks whaap.
That's exactly the case.
I'm sorry I haven't thanked everyone up to this point.
I posted it right when I got off work and then I went to bed.

I am going into the dealership to speak with the GM now.

I'll let you guys know how it goes.
Once again, thanks!

njccmd2002 08-31-2012 05:02 PM

al right man, wish you good luck.

they cant force you into the car, not with those tactics.

tell them about this post, and how you will let us know the name of the dealer, and make sure the FT86 community knows not to buy from them

86'd 08-31-2012 05:12 PM

Quote:

Originally Posted by mines13 (Post 414493)
I have a REALLY hard time sympathizing with people in situations like this. You should not have too much trouble walking away from this deal. A little thought would have gone a long way, and this thread would not exist.

:word:

"I was too tired."

"I signed all the paperwork."

"I listened to the salesman."

"34,000? Sure no problem."

Cars for most people are their second biggest purchases, next to homes. I'm not giving any advice here, because the advice I'd give is not to be in this position in the first place.

I couldn't palm my face hard enough.

jeebus 08-31-2012 05:33 PM

Quote:

Originally Posted by FBaxteR-S (Post 414630)
...to protect the loan? Don't fly off the handle about something you clearly are not very much educated in.

LOL, I've purchased 20 cars. I've gotten at least 12 car loans. I have never been offered, or even heard of, life insurance being offered.

I guess I'm clearly not educated in looking like someone that is easily swindled.

Tanuki 08-31-2012 05:34 PM

^yeah I have had them offer it a few times. It isnt called life insurance though, they have a different term for it.

Liquidcell 08-31-2012 05:44 PM

$34,000!?
This car is NOT worth that much.


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