50 Thousand Dollar Ethics Question

Dealers will do almost anything to get you in a vehicle. Unfortunately, the deal, in a lot of cases, doesn't care once they are able to get the vehicle financed.

I was really surprised I got a dealer I just bought a 2017 Sorento LX AWD for winter and now they want to sell me a $80,000 Mustang Shelby Cobra Super Snake. They said all I need to do is come down and sign the papers.
 
I think this says a lot about you Scuba, a person who values ethical behavior and isn't afraid to stand up for it. :yes: Kudos to you

Thank you. As MOST know in the beach and water section. i am not afraid to stand up for what is right. I have had some instances with the police that a lot of folks would walk away from.

All I have is my honesty and integrity. I would be nothing without them. letting the dealer get away with shady practices and illegal practices didn't sit well with me.

I hope they have to eat 10 grand at least.
 
Still legally registered and titled in my name. My plates on it. A repossession without a court order is illegal here. I have missed no payments. Nobody to pay!

If you're following advice of an attorney, I'd ask for a guarantee in writing that he'd be liable (financially) for following his advice.

People have vehicles repo'd everyday registered in their names. Lien holders are the ones on the hook until the loan is repaid.

If the loan was squashed, you have no one to pay, the dealer hasn't been paid, so the truck still belongs to them.

You're going forward, using the vehicle (adding miles, wear and tear, adding to devaluation, etc), knowing the situation, while you said you have a second vehicle.

Are you sure it's still covered under your insurance? Knowing the truck isn't "legally" yours? What happens if someone hits you, and insurance walks away and doesn't pay because of the snafu?

I'm just throwing all this stuff out there, not pointing fingers, so don't misunderstand my intent. Seems to me you're placing yourself in the positioning of opening-up a huge can of worms, that's all I'm getting at. I'd get this mess settles ASAP and get myself out of that position.
 
Who shows up as lien holder on the title?

The credit union Michigan Schools and Government


I see another lawyer tomorrow. I put the plate back on my Avalanche and re-registered it with Michigan. The dealer owes me 1200.00. I locked the vehicle in my backyard with my Avalanche in front of it.

I left the sales manager a voice mail telling him they owe me money before they get the vehicle back. I don't know all my rights as the lawyer I saw today was not very helpful as far as I was concerned.

What are my rights? Who knows. However they can't tow my Avalanche and cut the lock on my gate to get their truck legally.
 
Did a search and found these links -

Michigan ‘s Consumer Law Group, PLC

....they make wild promises without actually advance commitment form the finance company. Then, when the financing falls through, they say “We need the car back, or we’ll call a wrecker. And don’t ask for your down payment or trade-in, because they’re gone.” That’s illegal, and you don’t have to take it.

https://clgplc.net/practice-areas/auto-dealer-fraud/

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949

The bond shall indemnify or reimburse a purchaser, seller, lessee, financing agency, or governmental agency for monetary loss caused through fraud, cheating, or misrepresentation in the conduct of the vehicle business whether the fraud, cheating, or misrepresentation was made by the dealer or by an employee, agent, or salesperson of the dealer. The surety shall make indemnification or reimbursement for a monetary loss only after a judgment based on fraud, cheating, or misrepresentation is entered in a court of record against the licensee or a final order that the licensee has engaged in fraud, cheating, or misrepresentation is issued by the secretary of state after an administrative hearing.

http://www.legislature.mi.gov/(S(obolwwtxrhkfpt1fldrfznnm))/mileg.aspx?page=getObject&objectName=mcl-257-248

Auto Finance Fraud

Common Cases We See:
There are a few different kinds of auto finance fraud cases. If you have experienced any of the below, you may have a case:

Yo-Yo Scams – In a yo-yo scam, the dealership will inform you that you have been approved for financing of a vehicle and give you the vehicle to !take home. The dealership will later ask you to return back with your vehicle – sometimes by telling you that your financing has fallen through or that you need to sign more papers. If you return, the dealership may demand that you pay higher fees, more payments or a higher down payment in order to keep the car. But if you refuse, they will take the vehicle from you.! This “bait and switch” is referred to as yo-yo financing.! If you have had your vehicle taken from you by a dealer or have been asked to return to the dealership with your car, you may be a victim of a yo-yo scam.

http://michiganconsumerlaw.com/practice-areas/auto-finance-fraud/

There are other Michigan legal web sites, the above is just a few of them.
 
Thank you Gary. My situation falls into fraud and not yoyo scam. The lawyer I talked to today I could tell was not experienced. I called the state bar and got another one and I paid 25.00 for the service. He didn't call me back today. Neither did the dealer when I left a message.

Hopefully tomorrow. Dealer owes me money. Car is mine until they pay as far as I am concerned. Locked in my yard. Will let the sharks figure it out.
 
The credit union Michigan Schools and Government


I see another lawyer tomorrow. I put the plate back on my Avalanche and re-registered it with Michigan. The dealer owes me 1200.00. I locked the vehicle in my backyard with my Avalanche in front of it.

I left the sales manager a voice mail telling him they owe me money before they get the vehicle back. I don't know all my rights as the lawyer I saw today was not very helpful as far as I was concerned.

What are my rights? Who knows. However they can't tow my Avalanche and cut the lock on my gate to get their truck legally.

In a way it's good the CU shows up as lien holder. As lien holders, they are the one that could repo your vehicle, but since they never gave money to the dealer, they would have no interest in repo'ing.

You have quite a bit of leverage with the dealer. $1200 versus an almost new truck.

I would post "No Trespass" signs around your property.

Dealer could still try to file something with the county sheriff to get back the truck, without paying you back the $1200.
 
More updates. I talked to an attorney. The dealer is willing to buy my Avalanche for 15 grand instead of 8200.00 they offered me. I demanded 5 grand in pain in the butt fees which they balked at for a few days but I wouldn't budge.

So they are willing to buy the Avalanche for the original 10 grand they offered me and add 5 grand on that deal to make me go away.

The contract is clear. IF the credit union was to turn down the loan the DEALER has to take my payments for 5 years at 2.24% interest. They were NOT HAPPY!

Since the fraud was ALL on them, they are kind of in a bind. One lawyer suggested I hold off for 10 grand. I felt 5 was reasonable and I could sleep well with my decision.
 
Fantastic news! Fine print bites dealer in the a$$ and Scuba wins! NYCE!!!

...and what about the new truck? You gonna keep it? Is the credit union going to give the loan?

Time will soon tell. Another monkey wrench in the works. Credit union said they would if I provide some proof concerning the loans I got for my daughter. Another hurtle to cross. More news soon hopefully.
 
Truck is now mine. Paperwork signed today. Deal went through. They paid me 15 grand to make the fraud go away.

Thanks for the replies

Well at least you can sleep good at night knowing you were not going to let their fraud slide unchallenged !

Maybe after what it cost them they will hopefully think twice before trying that on someone else. You may have saved others from getting in a situation they couldn't afford.
 
Well at least you can sleep good at night knowing you were not going to let their fraud slide unchallenged !

Maybe after what it cost them they will hopefully think twice before trying that on someone else. You may have saved others from getting in a situation they couldn't afford.

I am hoping BUT you know the dealer didn't lose too much money on the deal.
 
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