Dealership lied to me about miles on my z.
#42
Registered User
Thread Starter
Join Date: Jul 2010
Location: dallas
Posts: 33
Likes: 0
Received 0 Likes
on
0 Posts
#43
Registered User
Thread Starter
Join Date: Jul 2010
Location: dallas
Posts: 33
Likes: 0
Received 0 Likes
on
0 Posts
by the way im the one that is pay for the car she just let me use her name to get so talk what you know and not what you dont know.
david thanks even though you were a smart *** about it.
david thanks even though you were a smart *** about it.
#44
Registered User
iTrader: (1)
^you type like a 15yr old. BTW, it sounds like the ball is in your court.. you say you have papers showing 49k and the odo reads 49k, the understanding was 49k. Then you receive papers saying "oh, mileage is really 84k"
are you kidding me? Even an amateur lawyer would have a field day with this
are you kidding me? Even an amateur lawyer would have a field day with this
#45
Registered User
iTrader: (15)
I'd just drop the car at the dealer, after calling my bank/finance company. This really couldn't be much more simple. Odometer fraud, accidental or intentional, is a federal crime, and the dealer would much rather buy it back. Every day you keep screwing around with this makes your case weaker, wouldn't you think? And, if you decide to keep the car and take a $ settlement, this issue will still follow the car when you try to sell it to the next owner.
#46
350Z-holic
iTrader: (26)
If there was really a fraud, do you really think the dealership would have notified him, especially if they were involved? More than likely, the fraud was at the part of the previous owner. If he knew the history and didn't disclose it, then he's the guilty party. Maybe it was the owner before that or the one before that. We'll probably never know, considering the quality of information we're getting out of the OP.
#47
Registered User
iTrader: (15)
Here in FL, the last seller is ultimately responsible for making the correct mileage known to the buyer. But, there is a check-box on the title for "actual mileage unknown", and I've purchased a few cars (older Alfa's) under that circumstance.
At this point (given the poor info provided by the OP, as you stated), I think the dealer is trying to cover their own *ss, and hope the OP is dumb enough to go along with it, which seems very possible.
The other real issue, which I alluded to, is that the bank/finance company now has collateral worth much less than they had assumed, and they may demand additional collateral to secure the loan. They can force the dealer to take the car back.
At this point (given the poor info provided by the OP, as you stated), I think the dealer is trying to cover their own *ss, and hope the OP is dumb enough to go along with it, which seems very possible.
The other real issue, which I alluded to, is that the bank/finance company now has collateral worth much less than they had assumed, and they may demand additional collateral to secure the loan. They can force the dealer to take the car back.
#48
Former Sponsor
iTrader: (564)
Join Date: Feb 2003
Location: Long Island, New York
Posts: 19,266
Likes: 0
Received 5 Likes
on
5 Posts
one can't even beging to conjecture the real story here, because of the way the whole thread has played itself out.
to the OP - take yourself, and your sister, to the dealer, sit down and talk to the GM, finance manager, sales person, and whomever else you feel necessary, and see where you stand from there. Anything else, including posting in this already useless thread, is puffery.
to the OP - take yourself, and your sister, to the dealer, sit down and talk to the GM, finance manager, sales person, and whomever else you feel necessary, and see where you stand from there. Anything else, including posting in this already useless thread, is puffery.
#50
Registered User
iTrader: (1)
Join Date: Nov 2008
Location: Pittsburgh
Posts: 29
Likes: 0
Received 0 Likes
on
0 Posts
Seeing the letter here would be helpful. Is the letter apologetic? Does it have a "we regret to inform you tone"? What I'm getting at is, does said letter actually say "the car you bought really had 84K miles" or is that how you are interpreting it and relaying it? Or is it one of those thank you for your purchase letters you get from dealerships that say "Thank you for buying your 03 Z with XXX,XXX miles on it"? Is there a chance they took the car on trade with 48K on it, and all of this is as simple as a dyslexic typo?
#52
Registered User
Join Date: Jun 2009
Location: Bellevue, WA
Posts: 339
Likes: 0
Received 0 Likes
on
0 Posts
Essentially what happens when you buy goods from a merchant is that you agree on specific terms (item, price, quantity, etc), then the merchant "tenders" the good, then you accept it. If the acceptance is based on an reasonable inspection of the good, then you can reject it later (within a certain time period) if you find some hidden defect or something counter to the original contract (called revocation of acceptance). Merchants are held to a high standard of good faith, but consumers are not.
Thus, since your paper work says lower miles than the actual (and it was hard to determine, since your odometer sounds wrong) then they did not deliver the car that they sold you in the contract, and you can "revoke acceptance" of the car. This is done by returning the vehicle and giving them a letter stating, with photocopies of the original documentation, that the mileage was not as stated in the sale, and that you are rejecting the car, and waiting for a car with the correct mileage and condition, subject on your personal satisfaction. The dealer should have the option of providing a suitable car to tender the correct good, or you should offer to cancel the deal (ie. and thus return your money). DO NOT WAIT, you need to get this stuff worked out within certain timeframes.
Also, you should talk to a lawyer before doing anything, this is just information about what might happen. You might need a lawyer to make them behave properly, as well.
Thus, since your paper work says lower miles than the actual (and it was hard to determine, since your odometer sounds wrong) then they did not deliver the car that they sold you in the contract, and you can "revoke acceptance" of the car. This is done by returning the vehicle and giving them a letter stating, with photocopies of the original documentation, that the mileage was not as stated in the sale, and that you are rejecting the car, and waiting for a car with the correct mileage and condition, subject on your personal satisfaction. The dealer should have the option of providing a suitable car to tender the correct good, or you should offer to cancel the deal (ie. and thus return your money). DO NOT WAIT, you need to get this stuff worked out within certain timeframes.
Also, you should talk to a lawyer before doing anything, this is just information about what might happen. You might need a lawyer to make them behave properly, as well.
#53
Registered User
Join Date: Jun 2009
Location: Bellevue, WA
Posts: 339
Likes: 0
Received 0 Likes
on
0 Posts
Based on the asking price (1K more than your 84K retail value), I'd say he bought the car at a fair price.
According to KBB, a 2003 Touring with 83000 miles has a retail value of $14,810. The car was listed at $14,995 and negotiable so assuming OP was bright enough to talk them down a little, he paid what it was worth for the mileage that was truly on it. Whether it was a fluke or not, he didn't get screwed.
According to KBB, a 2003 Touring with 83000 miles has a retail value of $14,810. The car was listed at $14,995 and negotiable so assuming OP was bright enough to talk them down a little, he paid what it was worth for the mileage that was truly on it. Whether it was a fluke or not, he didn't get screwed.
The fact that he may have paid close to the price of the non-contracted good has no impact on whether he can go after the dealer for lying. Part of the benefit of negotiating value with the dealer is to be able to get good deals - the dealer will certainly sell you any car at a higher than fair market value price every chance he gets.
#54
350Z-holic
iTrader: (26)
You're making the assumption that the dealer made the mistake. I'm assuming otherwise in light of what the dealership has to lose by pulling a stunt like this. OP said it was a GM dealership, not a street corner car lot with a tin shed and a 300lb cigar-chomping used car salesman. If the latter was the case, I'd expect nothing less than odometer fraud at the hands of the lot that sold it. But they would certainly never send you a "oops, my bad" letter.
Since the OP has posted nothing to even hint at what the letter says and his eloquent explanation of the situation makes me believe that the story we got from him is probably far from the actual truth.
I'll be real surprised if we ever get the real story out of him.
Since the OP has posted nothing to even hint at what the letter says and his eloquent explanation of the situation makes me believe that the story we got from him is probably far from the actual truth.
I'll be real surprised if we ever get the real story out of him.
Last edited by DavesZ#3; 08-07-2010 at 12:12 PM.
#55
Registered User
Join Date: Jun 2009
Location: Bellevue, WA
Posts: 339
Likes: 0
Received 0 Likes
on
0 Posts
I'll be real surprised if we ever get the real story out of him.
#57
Registered User
wow that's horrible, but even if you get the money difference from the actual book value of the car, isn't the car a salvage since there is an odometer discrepancy? i could be wrong but that's how i thought it worked, if so the car would be worth almost nothing.
#58
Super Moderator
MY350Z.COM
MY350Z.COM
The CarFax says the car was in Arlington off of I-20... so what dealership did you buy it from? One of them had an 03 black Z with about 83k and they were asking 16,500 for it - I laughed and walked away.
#59
Registered User
bill