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Need Legal Help??????

5246 Views 89 Replies 18 Participants Last post by STEP, Aug 11, 2005

STEP

Discussion Starter · Jun 24, 2005

Hi All,

I have a dilemma and I don't know what to do.

I bought my Slingshot Yellow 2004 SSR Memorial Weekend from Power Chevrolet in Corona, California. I bought it as a used car with 124 miles on it. The dealer told me it was brought in for someone who ultimatly didn't qualify for the loan.

I put 6000 down and financed about 37,400. This being a used car we were told there was no GM cash back or special finacing rates. They only offer those programs on new cars. My used car rate loan is at 7.45%

Now 3 week later I still love the car. It was my mistake to buy the car at Midnight because I now see that the 37,000 was not what I paid for the car, but what I financed. I can admit to my mistake and swallow the lumps...but that's not the problem.

Today, Power Chevrolet asked me to show up because they put the wrong registration on my window. They had me sign the window registration paperwork again and happily applied it to the winshield. I asked what the mix up was.

Apparantly, my truck is New, not used. It has 124 miles of test drive. They need to register it at the DMV as a new truck. I asked if that would effect any of the financing and they told me no.

Now I ask you....What do I do?

As I thought about my transaction that Memorial Midnight. I remembered them telling me that I would have cash back options or special finance rates if it was a new truck. But, not with used.
I don't think the 2004 qualifies for the GM Employee rate, but I'm not sure.

All of the paperwork I have on this vehicle shows it to be Used.

The dealership is avoiding me...what recourse do I have....

Thank you again,

Joe Davis
StepPrinting.com

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beer100

· #2 · Jun 25, 2005 (Edited)

You can try...

That is truly a sad story. I cringed as I read it.

Don't deal with the flunkies anymore. Ask for the owner. If he is not available ask for an appointment. Be nice to him. He, if inclined, can fix the problem. If you give him reason to dislike you, well....

Tell him what happened and that you not happy about having been mislead. let him know that the error about the car being used cost you. Know who said what and name names. Tell him what you think it cost you. Be nice.

edit: Going for a reduction in the sales price is only a bargining point. Don't expect to change the sales price now. But the incentives, he can, and should give you.

In addition to that, practice a bit of legel like intimidation.

So before you ask to meet with the owner, maybe a day before, take a cheap camera in and take photos of the dealership, and if possible, the people you dealt with. You actually want to be noticed doing this. Take the inside pictures first, you can always take the outside photos, they can't stop that. The idea is to let the help know that something is afoot. The help should see you and report up the chain. If you are asked why, just say your lawyer asked for them, and you are sorry but you can't discuss it. If you are asked to stop, do it with grace, "Ok fine" and put the camera in your pocket. Don't get in any ones face or create a conflict. That you were taking pictures is the message. Let the wonder why.

That will put them off base without you actually saying "I'm gonna get a lawyer and sue." It's a form of intimidation, to show how far you are willing to go.

Before you do anything and from now on, whenever you go in, have a neatly organized file folder, or binder, with all your paperwork in it. Have a note pad, write everything down. Have the story you told us written down. Write everything down as best you can remember it. Put down dates, times and names, quote everything you were told and attribute to specific individuals. If you have any papers that support the used car story, make sure to keep them. Tape the business cards of every one you dealt with to the inside cover. Being well organized is a message that you are serious. Have the photos in a section of the notebook.

Again the idea is to show you are getting prepared to go to the mat without expressely saying so. Still and always Be nice. Don't loose your temper or show anger.

All of this is a show. You are trying to convince the Owner, by deeds as well as words, that he can cut impending doom short by dealing honestly with you now.

Another point is, from now on dress and be well groomed. You want to engender respect. Me, I like to go around in shorts sneekers and tee shirts this time of year. This is not the time for it. Dockers instead of bluejeans. Polo's or better. Crisp nothing worn.

If none of this gets you an acceptable result. Go talk to a lawyer, tell him the whole story, including what you tried. Show him the notebook. See what he says.

Be professional, be organized, be nice. :cool

Btw: The above worked for me once in the past. The sunglass shop I was dealing with had absolutly no obligation to give me my money back. I checked they had covered all the bases. Posted notices, notices stamped on reciepts, I didn't have a legel leg to stand on. But they caved anyway.

Good luck to you!

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beer100

· #3 · Jun 25, 2005

ps:

Every new car on the log qualifies for special pricing. Unless it is a model that is specifically disalowed.

beer100

· #4 · Jun 25, 2005

BTW: Is your fianancing final. What happens if your loan falls thru. Hint. hint.

I'm not really serious about that. They have your 6000. I'm sure they would be happy to keep it.

I once had a dealer tell me that "Anyone putting down 20% would get a loan even if the dealer had to write the note himself. And with that much down, they would sit back and pray I missed a payment."

LOP

· #5 · Jun 25, 2005

StepPrinting said:
Hi All,

I have a dilemma and I don't know what to do.

I bought my Slingshot Yellow 2004 SSR Memorial Weekend from Power Chevrolet in Corona, California. I bought it as a used car with 124 miles on it. The dealer told me it was brought in for someone who ultimatly didn't qualify for the loan.

I put 6000 down and financed about 37,400. This being a used car we were told there was no GM cash back or special finacing rates. They only offer those programs on new cars. My used car rate loan is at 7.45%

Now 3 week later I still love the car. It was my mistake to buy the car at Midnight because I now see that the 37,000 was not what I paid for the car, but what I financed. I can admit to my mistake and swallow the lumps...but that's not the problem.

Today, Power Chevrolet asked me to show up because they put the wrong registration on my window. They had me sign the window registration paperwork again and happily applied it to the winshield. I asked what the mix up was.

Apparantly, my truck is New, not used. It has 124 miles of test drive. They need to register it at the DMV as a new truck. I asked if that would effect any of the financing and they told me no.

Now I ask you....What do I do?

As I thought about my transaction that Memorial Midnight. I remembered them telling me that I would have cash back options or special finance rates if it was a new truck. But, not with used.
I don't think the 2004 qualifies for the GM Employee rate, but I'm not sure.

All of the paperwork I have on this vehicle shows it to be Used.

The dealership is avoiding me...what recourse do I have....

Thank you again,

Joe Davis
StepPrinting.com

yeah, what beer100 said

Buffy

· #6 · Jun 25, 2005

Beer,

You said it all! And eloquently, I might add.

Listen to him about the keeping your cool and don't show any emotion. ("Just the facts, Mam'...." Jack Webb, 1957)

Great action plan!

Marc NY

· #7 · Jun 25, 2005

Sad Story

I too am amazed and saddened by your situation. I however would recommend that you not take any photos or mention you are going to see a lawyer just yet. You should speak to the General Manager first then if you are not satisfied with his/her answers then you should make an appointment to see the owner.

Make sure you document all the stories you were told and what happened to you while you were buying your new SSR. Ask them again if there were any additional incentives or special finance rates for a new car since you were not offered any new car rates because you had been previously told you were buying a used vehicle and that your car loan rates would reflect the fact that it was a "used" car rate.

Now if indeed you still can't get better results or a lower financial rate from your dealer than you might then want to go to your own financial institution and ask them for a new car loan. I know that some Credit Unions will give you a new car loan rate even if you already own your vehicle to try enticing you to borrow from them. (Mine offers rates as low as 2.75% for two years)

If after all this you still get the cold shoulder then you should tell them you will start legal action if they are not willing to help you out.

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QnHouston

· #8 · Jun 25, 2005

Looks like they ripped you off big time. The GM Employee Price For Everyone does not apply to 2004's, only 2005's. There are no rebates for 2004's. In January, GM paid the dealers what they call 'final pay'. This was to release them from guilt for any left over 2004's. The SSR final pay was $7,000.00. The dealership should have sold the vehicle at or below invoice, minus the final pay.

There may not be much you can do, other than they represented it as used, and now claim it is new. Regardless, you signed contracts at the price they sold it to you for.

Of course, they will avoid you. What do they have now, $10,000 gross on a vehicle they should have been kissing your a$$ to move?

Just my 2 cents worth.

Scott 0168

· #9 · Jun 25, 2005

StepPrinting said:
Hi All,

I have a dilemma and I don't know what to do.

I bought my Slingshot Yellow 2004 SSR Memorial Weekend from Power Chevrolet in Corona, California. I bought it as a used car with 124 miles on it. The dealer told me it was brought in for someone who ultimatly didn't qualify for the loan.

I put 6000 down and financed about 37,400. This being a used car we were told there was no GM cash back or special finacing rates. They only offer those programs on new cars. My used car rate loan is at 7.45%

Now 3 week later I still love the car. It was my mistake to buy the car at Midnight because I now see that the 37,000 was not what I paid for the car, but what I financed. I can admit to my mistake and swallow the lumps...but that's not the problem.

Today, Power Chevrolet asked me to show up because they put the wrong registration on my window. They had me sign the window registration paperwork again and happily applied it to the winshield. I asked what the mix up was.

Apparantly, my truck is New, not used. It has 124 miles of test drive. They need to register it at the DMV as a new truck. I asked if that would effect any of the financing and they told me no.

Now I ask you....What do I do?

As I thought about my transaction that Memorial Midnight. I remembered them telling me that I would have cash back options or special finance rates if it was a new truck. But, not with used.
I don't think the 2004 qualifies for the GM Employee rate, but I'm not sure.

All of the paperwork I have on this vehicle shows it to be Used.

The dealership is avoiding me...what recourse do I have....

Thank you again,

Joe Davis
StepPrinting.com

I hope you diden't go for the dealer inside financing too. They always try to charge 1% to 2% higher then the outside rate! Sounds like they pulled a fast one telling you it was a used vehicle. Good Luck!

Scott 0168 :cuss

dingbat

· #10 · Jun 25, 2005

I think Beer's response is the way to go. The big thing is keep your cool. :cool

StepPrinting-
How much "homework" did you do prior to buying? Was this an impulse buy or thought out for a while?

STEP

Discussion Starter · #11 · Jun 25, 2005 (Edited)

All the wonderful Help

Impulse buy

I was looking for something unusual for my company to use as a marketing tool The SSR was just one on the list.

Now that I have had it for a while....I should have been the only one on my list.

STEP

Discussion Starter · #12 · Jun 25, 2005

All the wonderful Help

I love these forums.....
Yesterday someone e-mailed me GM Customer Assistance (800) 222-1020 and
Rick Wagner's e-mail address [email protected]. I have not contacted them yet, but, if they are real, the are good sources to have.

Yes....I'm mad
Yes....I want it made right
Yes....I'll move up the food chain until someone listens

But....All those negative feelings go away when I drive my ssr.

Right now, I just want my paperwork correct. I want to know how this would have effected my interest rate on my loan...my insurance rate...would I have gotten a lower payment with some GM incentives. Would the price I paid be a good deal for a "New" 2004. Could I have got the 2005 one for the same money with all the incentives attached. These are real questions that I know the dealer will avoid.

I called the General Manager at Power Chevrolet and She hasn't returned my call yet, but I don't expect it until next week. I will stay on the offensive and go all the way to the top if I have to.

By the way...I'm not one for legal action, but I appreciate the advice on documenting everything just in case. I do, however, firmly belive in the "Squeaky Wheel" priciple when trying to settle issues like these.

Thanks again for the help

Joe
StepPrinting.com

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artsmart

· #13 · Jun 25, 2005

new vehicle compared to used vehicle definitely changes your interest rate by at least a couple percentage points

, insurance probably would not change...check out your local credit union or bank for "new car" rates before going back into the dealership and convincing them to make things right for you :thumbs

good luck!

P.S. FICO score makes a big difference as well

Fred Edick

· #14 · Jun 25, 2005

Bought New, but !!!!!

When I bought my SSR from Glendora Chevrolet I signed all their paperwork and then went to my credit union for the down payment money. While at the credit union I asked if they could finance this vehicle since I all ready signed the paperwork a few days prior? My credit union said I was not locked into the deal with Glendora Chevrolet and I could finance with anyone. As it turned out Glendora Chevrolet didn't want to lose the finacing with a local bank and immediately gave me a lower rate than my credit union along with a better warrenty extension package. As for your SSR being new or old, I have to think this is a used vehicle because of the odometor reading? When I bought my SSR I remember the salesman only telling me that I couldn't drive the SSR I was interested in until they ran a credit check on me? I would think this matter should be easy to clear up, I know California has a cooling down period where buyers can terminate the deal within 24 hours. Hope you get everything cleared up in your favor?

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artsmart

· #15 · Jun 26, 2005

Bro-in-law (Ford GM) tells me they run credit check before letting you take car for a spin (alone) so they aren't "wasting their time with a flake"...but NO cooling off period in CA...was posted all over the place where I bought my :ssr , plus car only considered "used" if it has been registered in buyer's name regardless of the test drive miles on the odometer (mine had 231, sold to me NEW).

Don't really think lawyering up is necessary, put a smile

on your face before talking to anybody, but do your homework...know as much or more than they do!

:thumbs

steve

· #16 · Jun 26, 2005

Fred Edick said:
When I bought my SSR from Glendora Chevrolet I signed all their paperwork and then went to my credit union for the down payment money. While at the credit union I asked if they could finance this vehicle since I all ready signed the paperwork a few days prior? My credit union said I was not locked into the deal with Glendora Chevrolet and I could finance with anyone. As it turned out Glendora Chevrolet didn't want to lose the finacing with a local bank and immediately gave me a lower rate than my credit union along with a better warrenty extension package. As for your SSR being new or old, I have to think this is a used vehicle because of the odometor reading? When I bought my SSR I remember the salesman only telling me that I couldn't drive the SSR I was interested in until they ran a credit check on me? I would think this matter should be easy to clear up, I know California has a cooling down period where buyers can terminate the deal within 24 hours. Hope you get everything cleared up in your favor?

Hey Fred
I don't like to disagree with people here, But, There is No cooling off period in California. Artsmart is 100% correct.

STEP

Discussion Starter · #17 · Jun 28, 2005

Response from Dealer

Hi All,

I talked to Paula at Power Chevrolet in Corona CA. She is the General Manager.

This is the story on the car.

Power Chevrolet bought the car from another dealer. (I didn’t ask if it was another Chevy Dealer) So they tell me that technically they have to sell it as a used car. Even though technically it is used, it has never been registered to a retail customer and no sales tax has been collected so they have to register it as new with the DMV. So all my paperwork that I received states that it is a used vehicle, but everything they register it with the DMV will be as new.

I told her I understood her logic that they bought it wholesale, but it still didn’t seem right to me. Something just doesn’t smell right on this deal with Power Chevrolet. (Part of the Auto Nation network)

On the bright side, She is ordering me a set of floor mats. She will also do the paperwork to move the personalized plates from my trade-in to the SSR. On the original deal they refused telling me I needed to go to the DMV and do it myself after the registration showed up.

I don’t know where I will go from here. I certainly won’t buy from any Auto-Nation Dealer especially Power Chevrolet nor will I ever recommend that anyone else buy from them. I am a long term Chevy owner but I know that doesn’t seem to matter to anyone anymore.

I am formulating a nice e-mail to GM and will call their customer complaint line to see if that gets me anywhere. :skep

I look forward to your comments.

Thanks again,
Joe Davis
StepPrinting.com

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G

· #18 · Jun 28, 2005

Hey Joe -

I am glad that things seem to be working out.

I am an avid car collector & just added an '05 aqua blur 6-speed SSR to my collection (Vette, Viper, & Prowler). I had a little headache with my purchase too.

I spent all day working a deal on the rig & they (the dealership) said they had to sit on it overnight to consider it (I paid about $2250 under the "employee purchase price"). The next day they said they would do the deal. I went in signed the paperwork & took my new beautiful rig home. The next day while washing & waxing it, I noticed that something had changed....namely my chrome wheels! In the day between selling me the SSR they had swapped the chrome wheels with the standard wheels. I know, I know...how did I not see it at the dealership?!? I don't know...just giddy & stupid I guess. Long story short....I had to go up the chain of the dealership to get them to, one - admit the wheels had been switched (I was told it never had them, though it appears on my window sticker - thank god) & ,two - get them to resolve the situation (they cut me a check for the chrome wheels or I could have had some put on, but it was going to be a huge wait). So...I guess the lesson is keep talking to someone until they do the right thing. Take it to GM if you have to (I had an issue with my Vette that didn't get resolved until I wrote a letter to GM). Take care & I hope that your final resolution is what "feels" right to you!!

Late - Skip

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beer100

· #19 · Jun 28, 2005

Have you consulted with either the DMV or the Consumer Affairs Department.

STEP

Discussion Starter · #20 · Jun 28, 2005

Dmv

I wanted to see what the Manager at the Dealership had to say (Marc's suggestion)

I know people are just out there trying to cover their butts, but they don't realize the ramifications. Just look at this forum. I've had 260+ people look at this thread since Friday. Do you think any of my local aria fanitics will consider Power Chevrolet for any of their vehicles...I don't think so. I may, however consider Sierra Chevrolet in Monrovia CA for my next Vehicle...See you on the 2nd!

Yes GM corp. will hear about this, Yes the DMV will hear about this. Yes, the Consumer Affairs, the Better Business Bureau, you name it will hear about it.

Whether or not it will do any good is another question....

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