tliartis

All,

when I got my new gs I traded in my 08 335i. I told each of the three dealerships that it had fuel pump issues and was a buyback. The place I bought the car from I told over the phone. We went through the whole process and there wasn't a mention of it. When I took delivery at an offsite point and we filled out the paperwork, I checked buyback title on the sheet. The delivery guy asked me if my salesman knew that and I told him yes. I get a call today saying they didn't know that and want the car back. He acknowledged me telling him about the fuel pump but said he must have misunderstood when he said it was a buyback. He also said it was their fault for running a carfax report. I have never lied about it and now I have the car, am driving it, with papers done and they want it back. I've contacted a lawyer and am waiting back to hear from him. Does anyone here have any thoughts/reccommendations about it?

djpeakSD

I know this doesn't help but.. I think its funny that a dealer can expect to get there car back for something like this but as a customer (here in CA at least) if you change your mind they say sorry the paperwork is done that baby is officially yours.

neurocity

iTrader: (17)

Has it been more than 24hrs? Did you finance? Who currently holds the title.

Tell them they should hire a better trade in evaluator.

onexcite

Once they signed the paperwork, it's DONE. No need to hire a lawyer, they will lose anyway even they decide to bring it to court.

jj14

Did you tell the dealer that you are not willing to give the vehicle back, and if so, what was their response? Did they threaten legal action? If not, I wouldn't spend money on a lawyer just yet. Once the paperwork is signed, as djpeakSD said, it really isn't that easy for the dealer to back out.

If it gets to legal issues, you could have had other offers (higher amount) from potential buyers that you turned down to get the sales tax benefit of trading in your car, and the dealer could be asked to address that - along with the cost of your time and hardship and mental anguish (the GS is pretty sweet!) - nawwww... too much.

Disclaimer: I am not a lawyer - so if it gets to legal action, do consult a lawyer

The key is that you didn't misrepresent what you were trading in, and that on the paperwork, you clearly indicated that it was a buyback. If they didn't read the paperwork properly, that really is their headache and you shouldn't be held responsible for that.

tliartis

I leased it with them though Lexus Financial and I took delivery less than 24 hrs. ago. I have their GMs number but I'm waiting for my lawyer to call me back before I call them. I told him on the phone about it and he even remembered me telling him about the fuel pump issues! He even acknowledged they should have checked the carfax. The other issue is that from the delivery the car already has like 290 miles on it. Honestly, they offered me 3000 more than the other dealers for the trade in, which isn't a ton, which is why I didn't even red flag it. I just figured they could sell it easier since they were a bigger dealer. What a mess this is.

LeslieRC

If all is as you say, then it's a mess for the dealer but not for you. Unless there is some exception or provision in the contract you signed regarding the title for your trade-in the dealer is stuck with the car and they know it. The only reason I could see you needing a lawyer would be to tell the dealer to pound sand on this one.

LeslieRC

I meant to add that the dealer doesn't want their (your) car back...they want you to make up the cash difference of what they had thought your trade was worth.

jj14

Yep - if they got the car back, they have to advertise it as Used

Axxlrod

Sounds to me like you were upfront and honest about the problem with your bmw. It is not your fault the dealer was sloppy. The new GS is yours if the paperwork (contract) was signed, sealed and delivered.

I'd take a stand with the GM of the dealership. I think they're hoping they can scare you into giving them more money. The dealer knows they don't have a legal leg to stand on.

*I'm not a lawyer.

tliartis

Update.....Left a message for the GM. The used car manager called me. Said he doesn't have me on recorded calls saying I had a buyback title or giving me VIN number. I told him the salesman called me from his cell phone a lot of times. Also, I sent him copies of my car info prior, so they could have run the carfax, so to say and I never gave the VIN is a lie. He since they picked it up offside they have the right to inspect it so now they're saying they don't want it. He's referring it to Lexus Legal and I will in turn refer them to my attorney. I think they are trying to scare me into giving it back, when its their sloppiness which is the issue.

patricksr5

I know in CA you have to sign a form about your trade certifying that it hasn't been in a accident, isn't a salvage vehicle etc etc... don't know if GA has them same. As long as you didn't misrepresent the car on any signed form I don't see where they have a legal leg to stand on.

tliartis

I signed that form and told them about the title. THey're saying they never knew and I know I told them. I think they just screwed up not running a carfax and double checking and are trying to cover themselves. The difference between what they offered and what other Lexus dealerships offered knowing about the buy back is $3000. I'll just wait for their legal people to call me.

jj14

Since you indicated in earlier post that you had checked "buyback title" on the paperwork (at the time of delivery), they really can't state that they didn't know.

If they continue down this path, do send this in to consumerist.com and similar blogs (along with the dealership name of course). A little negative publicity may work wonders.

(I must admit though that if they have really sent this to Lexus Legal team, their lawyers will probably tell the dealership to back off since their request doesn't really seem to be valid)

tliartis

I also just checked some paperwork and while the price was where I wanted it, they said I had a credit score of 696 when I actually had one of 722 straight from Equifax. Really shady....