Used Car dealer not paying off my trade!! HELP!

Guys, I'm loving my E39, but the sale experience is not over. I bought my 530 on Sat Sept 15. Traded in my Lincoln. I paid them CASH (which cleared 3 days later!) for the difference of the vchicles. They were supposed to pay my trade off. So the quick math is price of the 530 + my upside amount we agreed to on the lincoln. It's a work car, so I knew I was upside down. 40k/yr will do that. But anyway... we came to a deal, bill of sale is accurate, I even have a pay-off agreement page saying they are buying my car for the pay off amount and even gave them my most current statement.

It's now Oct 18, 2012. 33 days later. I've been given the run around for the past three weeks. I was specifically lied to three times about payment going out. 1- went to the wrong address. 2- went out, don't worry this time it'll get there by end of week. It didn't, even 10 days later. Today I was told it went out this morning overnight UPS or FedEx. I asked for a tracking #, they could not produce one, never would call me back or take my calls. Even spoke to the owner of this medium size independent dealer. I actually had to make a emergency payment over the phone today, with late fees so my credit would not get damaged. What Mother F'kers. I could F'n beat their arse. Has anyone been in this situation? Pointers? I'm in the Clearwater, FL area. What may plan is and it's already underway as of today.


1- I filed a written formal complaint with the FL DMV dealer license division.
2- I obtained their bond agent and bond company and bond #.
3- I sent the complaint that I sent over to the DMV to their bond agent.
4- Agent and DMV both confirmed they have active $25,000 bond.
5- Filed a complaint with the local BBB.
6- Contacted a few local news channels as part of their "action for you" leads.
7- I have called an attorney on deck, and the next step is make the appointment he will see me and thinks I'm in the right (of course). I'm sure the course would be a law suite.


This just amazes me how they can do this. I think this is a felony in FL. The chevrolet dealer was doing a lot of this couple years ago when the economy bottomed and they threw him in jail for 2yrs over not paying trades off. Made huge waves in the Tampa/Clearwater area.


Throwing this out there for fellow members. F**K THESE PEOPLE. Do not do Business with them.

Exotic Motor Cars
41041 Us Highway 19 North
Tarpon Springs, FL 34689
(727) 938-5000

haha. I actually know these guys from when I was trying to buy the 996TT. Just lowlife idiots.


You sound like you have a good handle on it... sorry to hear

A

Low lifes they are. Funny thing is, they probably don't know I actually have the pay-off agreement. B/c when we did the deal the chick handed me 2 pieces of paper. I'm like... UM.... UM... (like Beavis taking a test). I made her give me a pay-off agreement with VIN, amounts, dates etc. She seemed like a F'n bitch. So I'm guessing Dee and Pete don't know I actually have that. Probly think I'm like the rest of the people that probably didn't ask for this paper. Funny thing is I actually swung for the fences and contacted Kevin Hayslett's office (yes, Hogan's kids attorney during the crash few years back). Yes, I'll throw good money at bad money. I'm hard headed and more motivated than anyone you know. Few things you don't skimp on in life. Lawyers, condoms, bullets & brakes.

Originally Posted by FLE39

...Few things you don't skimp on in life. Lawyers, condoms, bullets & brakes.

Isn't there a song about that?

Originally Posted by FLE39

Guys, I'm loving my E39, but the sale experience is not over. I bought my 530 on Sat Sept 15. Traded in my Lincoln. I paid them CASH (which cleared 3 days later!) for the difference of the vchicles. They were supposed to pay my trade off. So the quick math is price of the 530 + my upside amount we agreed to on the lincoln. It's a work car, so I knew I was upside down. 40k/yr will do that. But anyway... we came to a deal, bill of sale is accurate, I even have a pay-off agreement page saying they are buying my car for the pay off amount and even gave them my most current statement.




1- I filed a written formal complaint with the FL DMV dealer license division.
2- I obtained their bond agent and bond company and bond #.
3- I sent the complaint that I sent over to the DMV to their bond agent.
4- Agent and DMV both confirmed they have active $25,000 bond.
5- Filed a complaint with the local BBB.
6- Contacted a few local news channels as part of their "action for you" leads.
7- I have called an attorney on deck, and the next step is make the appointment he will see me and thinks I'm in the right (of course). I'm sure the course would be a law suite.

If you have to file a suit, your course will probably lead to a law suite.

^Funny. Yes, Suit I wear, Suite see you in court.

What the hell is a law suite? A big hotel room for lawyers discuss their lawsuit in?

Sent from my Galaxy Tab using BimmerApp

Originally Posted by FLE39

This just amazes me how they can do this. I think this is a felony in FL. The chevrolet dealer was doing a lot of this couple years ago when the economy bottomed and they threw him in jail for 2yrs over not paying trades off. Made huge waves in the Tampa/Clearwater area.

Sadly, this kind of thing is not that rare - its the old using Peter's money to pay off Paul's loan trick. My parents went through the same thing when they traded in a 5-month old Monte Carlo in the 1970's (4 of those months the car was in the body shop because the insurance company didn't total it after being t-boned). The local Ford dealership (that had been in business in the same spot since the 1920's) pulled the same crap and GMAC was not happy either. Eventually, Ford auditors came in and shut the place down.

Good luck - sounds like you've got it as much under control as possible.

As for the English Teachers in this thread, take a chill pill.

I know a very good pit bull of an attorney in Clearwater if you need one. He'll take care of this mess.
PM me if you need his info.

I love seeing someone going bulldog crazy on a person or business who has done wrong.

This sounds like a business plan on their part instead of a series of errors.
Don't give up until you've gotten your payment back and probably a little more for your trouble.

Originally Posted by cwsqbm

As for the English Teachers in this thread, take a chill pill.

Weez juss playin

They'll let you make a couple more payments, then pay the note to collect the title.

This happened with a large local auto-group - Champion Auto - in the end it came out they were seriously delinquent on their sales taxes as well - the state shut them down to my knowledge - Chrysler was on the hook for a lot of their expansion financing ($20M).

Originally Posted by Scott ZHP

They'll let you make a couple more payments, then pay the note to collect the title.

This. What they are doing is an ages old scam that lowlife dealers have been pulling for years. It is for this reason I would never trade in a car to a dealer that is not part of a large and major corporation. And yes...I am a lawyer. You have a clear cut cause of action for breach of contract. Get your lawyer to call the dealership owner and give him the riot act. That should put a fire under their butts. Otherwise you have done a good job of making waves for them.

^ Local news action reporter was on them like butter on a biscuit today. She actually was able to obtain a UPS tracking #!!! Which they refused to give me. The payment arrived this morning. However my payment was due Sep 20. So, if it doesn't post today, it will post Monday the 22nd, i'm few days late, i get reported to the credit agencies. My only saving grace is hopefully my emergency payment I made last night on the phone with every kind of tick tack fee you could imageine posts today.

I think I'm still going to have to see a lawyer. B/c now I made a huge payment I need refunded.


I completed sending over all docs to the FL DMV Dealer license office. So they are now 100% filed. Same with their bonding agent. I sent over the docs today so they are 100% filed. New reporter lady has been a HUGE help. I owe her. But it may get dragged out and more tedious than her scope so the lawyer may have to finish it up. We'll see when what posts and go from there.

Originally Posted by Alpine300ZHP

This. What they are doing is an ages old scam that lowlife dealers have been pulling for years. It is for this reason I would never trade in a car to a dealer that is not part of a large and major corporation. And yes...I am a lawyer. You have a clear cut cause of action for breach of contract. Get your lawyer to call the dealership owner and give him the riot act. That should put a fire under their butts. Otherwise you have done a good job of making waves for them.

Whenever I hear a dealer claim "we'll pay off your trade, no matter how much you owe", they automatically get added to the list of dealers I'd never use.

Originally Posted by Scott ZHP

Whenever I hear a dealer claim "we'll pay off your trade, no matter how much you owe", they automatically get added to the list of dealers I'd never use.

+1

There is also a guy here in the Denver area that advertises "We'll beat any bone-fide deal, or we'll *give* you the car!" - I wonder how many people this line works on - because there is no way on earth they've ever given a car away - they'll sell it at cost (I doubt) - use some bonus to sell below cost) - or they'll possibly wrap up the deal in some other scam - or - more likely - declare the deal you have as "not bone-fide" - but give away a car? ahem - they must think we're stoopid... trouble is... they keep advertising this way... so I think people *are* stupid...

Originally Posted by wyb

+1

There is also a guy here in the Denver area that advertises "We'll beat any bone-fide deal, or we'll *give* you the car!" - I wonder how many people this line works on - because there is no way on earth they've ever given a car away - they'll sell it at cost (I doubt) - use some bonus to sell below cost) - or they'll possibly wrap up the deal in some other scam - or - more likely - declare the deal you have as "not bone-fide" - but give away a car? ahem - they must think we're stoopid... trouble is... they keep advertising this way... so I think people *are* stupid...

You have no idea how stupid "intelligent" people can be. I deal with the general public and some of the competition gives impossible bids, way below cost. There's no winning with these customers who WANT to believe that it could be that cheap. A common "logic" from them is that if the other guy is low balling and I am realistic, then at worst case his final price will go up to my realistic price. The problem with that logic is that the other guy is a scammer and once he has the customer by the balls his final cost will go sky higher then my honest realistic price... well, because he is already a cheating liar, so why should he stop at the honest cost? His whole MO is bait and switch. Those customers are going for the HOPE (no PS intended) that the deal is as the scammer says it will be.

Those car dealers who advertise those unbelievable deals to you, are to my estimate capture half the market, if not more.

[QUOTE=FLE39;7143611
Throwing this out there for fellow members. F**K THESE PEOPLE. Do not do Business with them.

Exotic Motor Cars
41041 Us Highway 19 North
Tarpon Springs, FL 34689
(727) 938-5000[/QUOTE]
Sorry you had to go through that. Hope it works out well....
We bought our bmw's from Bert Smith and then Ferman. (Loved Ferman, and they're further north on 19). Got the best service, deal, etc from Suncoast (Audi) in Sarasota though.

Any rate....hope you and your attorney give them hell. People like that should not be in business!!!!!

OP - should file a complaint with the BBB - they're not members, but at least it would go on their BBB record for others to see if they get checked out - they currently have an F rating

http://www.bbb.org/west-florida/busi...gs-fl-16003163

Matwiz - the same here with a web dev agency - they are 80% sales - 20% delivery - they promise that they'll deliver a site to a small business, SEO, ecommerce, you name it - ZERO up-front costs - just a "reasonable" fee of $395 - $1200 a month - all inclusive - trouble is - they use their own domains - talk the customer into using that domain as their primary domain - and EVERY SINGLE ONE of the domains is registered in their name... which is bad for:

1. google + (formerly google local)
2. continuity
3. trust in my books

We just talked to one of their ex-customers - they said that they could not stop his automatic payment, but when it went through every month, they could refund it when he called.... he called the bank and stopped the card and got a new card to move away - of course, his domain - that was a problem getting switched. He was ecommerce and they built his site using a cookie-cutter template on a hosted solution - no way to add features, no way to change the design easily - and it is inside their master account, so they gain revenue forever from his "hosting fees"... this particular company has had MASSIVE growth... not surprisingly - the no-up-front fees gets a lot of interest - but the whole package is a scam imo.

SailinSand- I bought my 335i from Fields in Orlando. My wife's C300 from MB in Tampa, Dealt with Lokey VW, Brandon Honda, Brandon Ford.... all great experiences nothing like this crap with Exotic motors.

And I've already filed a BBB complaint as of Friday. You can just see these people are crap. I didn't look into them enough before buying. I guess I've been too used to the bid brand dealers.

Originally Posted by SailinSand

Sorry you had to go through that. Hope it works out well....
We bought our bmw's from Bert Smith and then Ferman. (Loved Ferman, and they're further north on 19). Got the best service, deal, etc from Suncoast (Audi) in Sarasota though.

Any rate....hope you and your attorney give them hell. People like that should not be in business!!!!!

Good to know I actually came across them scouting M3's

Originally Posted by FLE39

^ Local news action reporter was on them like butter on a biscuit today. She actually was able to obtain a UPS tracking #!!! Which they refused to give me. The payment arrived this morning. However my payment was due Sep 20. So, if it doesn't post today, it will post Monday the 22nd, i'm few days late, i get reported to the credit agencies. My only saving grace is hopefully my emergency payment I made last night on the phone with every kind of tick tack fee you could imageine posts today.

I think I'm still going to have to see a lawyer. B/c now I made a huge payment I need refunded.


I completed sending over all docs to the FL DMV Dealer license office. So they are now 100% filed. Same with their bonding agent. I sent over the docs today so they are 100% filed. New reporter lady has been a HUGE help. I owe her. But it may get dragged out and more tedious than her scope so the lawyer may have to finish it up. We'll see when what posts and go from there.

Lenders typically give a 15 day grace period. If you do not pay within 15 days of the due date, they will report you. The reporting does cost them money and they don't want to constantly report people for being 1 day late. Sometimes the payments made during the grace period show as "slow payment" on your credit report, but even that is rare.

If the thing was paid off 2 days late and that is all, I wouldn't worry about credit reporting ramifications. Hope you get the bastards straightened out!

OP, good luck with everything and I hope they pay dearly. 95% of auto salesman are slime.