Need your advise and help...

On March 3rd, I went into the local Nissan dealership and traded in my Volvo for 350z. The dealership was to send out a "pay off" check to the lender within 15 - 30 days after the close of our transaction which was the 3rd of March.

As it came close to the 30 days mark, I was starting get a harrasing phone calls from my Volvo lender stating that they stil havent received a pay off check from the dealership. So I do what I can to hurry things along. I contiunously leave messages for the accounts payable person at the dealership but no response.

On April 22, I decided I am gonna call and get hold of the GM. I call...the receptionist answers the phone and tells me that the dealership has shut down for good and that no one is there to talk to me. WTF !!!!!!!!!!!!

So I called my Volvo lender back and tell them the story. They dont care. They are saying that I am responsible for the remaining balance for the Volvo.

So tell me guys and gals...what do I do ? I got fckd by the dealership and now I am having to be responsible for the balance as well.

Isnt it true that when i signed a contract for the Z on the 3rd, and signed a release of liability to the dealership, I am no longer responsible for that car ? Please help me.

 

Sorry to hear that. It's f*cked up. Was your dealer San Rafael Nissan? There's another thread that just started about them closing.

 

Do they still have your Volvo?

 

Yeah, its San Rafael Nissan and yeah.. the car is still sitting in their lot.

 

You should really read the article about it in the other thread. Looks like people's cars are being locked up and can't pick them up.

 

Damn, I'd be contacting the police and calling a lawyer immediately...

https://my350z.com/forum/showthread....threadid=71764

http://www.marinij.com/Stories/0,14...2103424,00.html

 

i've been trying to get hold of the attorney generals office here in california but i cant even get through. My tax money goes no where.. FCK !

What can the police department do about my situation though... i am so furious and i dont knwo what to do.

 

The question that arises out of all this is "who owns the volvo?" The answer to that question really determines how you proceed. Even if you have new keys made for the car and go get it off the lot to try and sell it priately, who would buy it? You don't hold the title, and you don't know if a title transfer has been initiated. Potentially, whoever bought the car could have it repo'd out from under them.

I think I'd call NNA immediately and find out if they're going to stand behind their name. I'd also call the BBB. Even if the dealership closed it's doors, that dealership was owned by somebody who has ultimate liability for the legal operation of the store.

Don't worry terribly about your credit record. This is obviously something beyond your control that, while it may show up on your record, can be removed with justification. That process will be a pain in the ****, but it's do-able.

Let us know what happens, and I'm sorry to hear that you're getting screwed with.

 

kcobean, obviously the Title is still with the company sweating FarSeide. They shouldn't have released the title without first recieving a pay off check. So I'd say he technicallly still owns the car at this point. I'd go get that bi*ch since the dealership doesn't want to tell you what the **** is going on.

 

Just contacted NNA and open a claim. Per NNA, there is not much they can do at their end. They will try to contact the dealership and find out whats going on but they cant guarantee any results.

As far as the title is concern, when i had spoken to the volvo lender, they had told me that they are going to go and repo the vehicle. And if they do that and sell the car in the auction, I am still gonna be liable for the remainding balance on the loan.

I am doing everything I can to contact whom ever that would listen and provide assitance.

 

This is messed up. You need a lawyer. Any members care to point him in the right direction? I know HFM (Dan) is in your state. Maybe he has a suggestion for you.

 

I have to ask a quick question here. So you traded in the Volvo to the Nissan Dealership right? In doing so, didn't you and Nissan both sign some papers passing legal title over to Nissan. For example, if there was a parking ticket or registration fees, etc... after March 3rd, Nissan would be responsible right. So isn't it just that Nissan forgot or failed to send over that paperwork to DMV, Volvo and/or any other interested party. But, by you having a copy of that signed paper by both parties, you are not the legal/equitable owner of the Volvo right??? That paper you signed should clearly show that you are no longer financially responsible for the Volvo. If there is something I am missing here, please tell me otherwise I think there is nothing you need to worry about. Simply fax that letter over to the Volvo lender showing them you are no longer responsible for the car.

 

Full disclosure: I'm no lawyer.

But you definitely need one (is that a class action I smell?). My immediate thought is that since the (legally binding) sales agreement you entered into with this dealership was contingent upon said dealership assuming the remainder of your loan on the Volvo, the legal obligation for paying off that loan rests solely on the dealership. They assumed possession of the Volvo with the promise of paying off the outstanding loan amount in order to secure a sale of one of their vehicles to you. Violation of any part of that *legal* agreement renders the entire contract null-and-void.

That's the good news. The bad news: if the dealership is insolvent, you're gonna have to wait in line for every other pissed off SOB who has a financial interest, debt or promise-of-payment pending from that dealership. And that's going to take time. Even if you engage in a class-action with the other customers whose cars were stolen from them, it's a safe bet that the banks, loan companies or other "corporate" organizations who have accounts receiving pending from this dealership all have ****-hot lawyers who're going to be able to get their fingers into whatever is left in the pot first.

After making calls to find a lawyer, either call Volvo yourself or ask your lawyer to do so on your behalf. If they're accomodating, they may give you a break on this while you get your affairs in sufficient order to either sell the Volvo or sell the Z. Also, try calling your county courthouse to enquire whether they can expedite initiating any contact with the State's AG. And get word out to your Congress-critters (if you can actually get to speak to one of them, or one of their assistants, this will be a huge asset as they have all the weight necessary to lean on the appropriate authorities). Call local news outlets (this will sell as a great community-interest story).

And please keep us posted. I've sent the links on this thread to everyone I can think of who I know who're legal professionals.

Good luck,
Scott

 

Thanks everyone...

Update

I just got a call back from our County DA's office and he gave me a number to Department of Motor Vehicle Investigation Unit. Per DA, the state has a bond that protects consumers like myself in case of situations as such.

I have not yet been able to get hold of the department so I dont have any definitive answers but if this is true, then I wont be responsible for the remaining balance.

As far as finding a lawyer, what type of lawyer handles case such as this ? There a millions of lawyers out there but I dont know how much I would have to pay or if they will even take the case.

I have contacted several news group and now waiting for their return calls.

I will keep you posted.

I could use all the help I can get and you guys are just awesome !

 

FarSeide, if they repo that car your credit is gonna go to sh*t more than likely.

 

yeah.. but i could fight that though. I know its an uphill battle but if i have all the documentation stating what had happened, then I could i have a pretty good chance of removing it. Thanks bro.

 

Ya you could eventually remove it, but for the time being it would still be on your record.

 

First, thank Gawd for the DMV-IU! Hope that works for you.

Also, check your PMs. I've sent a feeler out to a lawyer in the family to ask what kind of lawyer you should go looking for.

Scott

 

These are the kinds of situations that beg to be dealt with by the Punisher.

 

You need a civil tort/contract attorney. I do have a contact for an attorney who can handle this type of situation both with respect to any tort issue involving conversion or breach of contract. And, he is a former district attorney so, he could assist you if there is any crime of theft involved here.

The problem is, you're in Northern California so I'm not sure if he will be able to help you. If you wish, PM me and I will give you his contact information. At the very least, he maybe able to refer you to a recommended attorney in Northern California.

Sorry to hear about your situation, good luck.