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Is my friend getting screwed by dealership?

7,756 Views | 45 Replies | Last: 3 yr ago by txags92
Serotonin
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AG
The outdoor board knows everything, so I'd like the opinion of you gents on the following situation:

Background:
  • Friend bought a new truck a week ago (Tuesday night, 5/19) from dealership in Houston.
  • Price for new truck was apparently pre-negotiated and he was paying cash so brought a cashier's check.
  • While there, dealership looked at his used truck and offered to buy it and he agreed to sell.
  • (Originally he was going to sell to carmax but dealership offered to pay $1k more).

Potential screwage:
  • When they closed deal the dealership said they would contact him next day about check for his trade-in (it was after hours so accounting department was gone).
  • Next day they tell him it could take up to 14 days since they had to wait for his check to clear.
  • He called this morning and his check cleared, but now they're telling him that he has to wait 10 business days before they write check.
  • He asked why he had to wait that long to get paid on truck he traded in a week ago and they didn't have a clear reason other than internal accounting procedures.
  • All along it's been hard for him to talk to right person and he keeps getting passed around.

He called me to vent but I'm going to pop a beer this evening and call him back with advice. So, I ask for the wisdom of the outdoor board. Should I tell him:
  • Just relax and wait for early June to roll around to get paid.
  • Go to dealership and raise a stink in-person.
  • Get a lawyer to draft an email to dealership demanding payment.
  • Something else
el_scorcho
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AG
Drive new truck to dealer and tell them he is returning it. That will get the wheels turning immediately.
TdoubleH
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Report old truck stolen. But seriously, he needs to go pick up his old truck and sell it to Carmax. Screw the $1k in addition. Or go during normal business hours when "accounting" is open and either leave with the old truck or payment. Draw. Line. In. Sand.
AggieChemist
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AG
That sounds like the exact sort of we-have-your-money-and-your-old-truck shenanigans that I would expect from corporate dealership bureaucracy.

You can play hardball ******* or just wait for the check.

I'm not sure option one works out better in the long run.
Serotonin
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I told him on first phone call to just wait, but he mentioned that he is concerned that early June could roll around and they say "Due to Covid or some other BS we now can't pay until July".

I hadn't thought about that but they could theoretically keep delaying him to screw him around.
Stinky T
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The risk is probably low, but it is always a possibility that a business could close down. That is why you always get payment at the time you surrender an asset. In that case they have his truck and the money and he probably will not see either. He needs to go down there and either leave with the check or his old truck.
agswin1988
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might be trying to sell his truck at auction house and get money for it first before cutting his check amount back to him?? Who knows, but I am betting if he takes his new truck back to them and tells them he no longer wants it then he will get a much quicker response on why and where his truck money is that is due to him
I Am A Critic
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He may not have time to wait to grow a pair of balls, but he should go to the dealership and chew some ass until he gets what he wants.
Username checks out.
P.U.T.U
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AG
He should have traded it in for the $1000 less instead of selling it to them if that is the case so he does not have to pay the tax. I would go up there and tell them you are going to return the new truck if this is how they are going to be doing business.
bobbunker
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I would have written a personal check instead of a cashier's check. If a dealer wont accept a personal check then screw em. He could have paid the difference instead of making two separate deals.
GeorgiAg
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Gator03 said:

The outdoor board knows everything, so I'd like the opinion of you gents on the following situation:

Background:
  • Friend bought a new truck a week ago (Tuesday night, 5/19) from dealership in Houston.
  • Price for new truck was apparently pre-negotiated and he was paying cash so brought a cashier's check.
  • While there, dealership looked at his used truck and offered to buy it and he agreed to sell.
  • (Originally he was going to sell to carmax but dealership offered to pay $1k more).

Potential screwage:
  • When they closed deal the dealership said they would contact him next day about check for his trade-in (it was after hours so accounting department was gone).
  • Next day they tell him it could take up to 14 days since they had to wait for his check to clear.
  • He called this morning and his check cleared, but now they're telling him that he has to wait 10 business days before they write check.
  • He asked why he had to wait that long to get paid on truck he traded in a week ago and they didn't have a clear reason other than internal accounting procedures.
  • All along it's been hard for him to talk to right person and he keeps getting passed around.

He called me to vent but I'm going to pop a beer this evening and call him back with advice. So, I ask for the wisdom of the outdoor board. Should I tell him:
  • Just relax and wait for early June to roll around to get paid.
  • Go to dealership and raise a stink in-person.
  • Get a lawyer to draft an email to dealership demanding payment.
  • Something else

Checks cliear in 2, 3 days now.

He should have told them he will hold onto the title of the old truck until THEIR check clears. Or at least until they hand him a check.
Post removed:
by user
CanyonAg77
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The car dealership that had the huge bankruptcy in the Lubbock area (Reagor-Dykes) would take cars in on trade, then not pay off the trade-in's note. Owners would get calls saying they missed two months of payments.

Sounds like same type of shady dealing.
Serotonin
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Great feedback. I'm currently driving a 15-year old sedan but when that thing conks out I'm definitely going to follow the advice of this board. Sell to carmax or receive payment or trade-in value from dealership immediately.
Serotonin
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CanyonAg77 said:

The car dealership that had the huge babkruptcy in the Lubbock area (Reagor-Dykes) would take cars in on trade, then not pay off the trade-in's note. Owners would get calls saying they missed two months of payments.

Sounds like same type of shady dealing.
I won't tell him that or he might have a heart attack since he's owed ~$20k. Yeesh.

One thing I asked is about the contract. He was going to take a look before we chat tonight, so I'll let y'all know if there's any fine print about payment taking X days.
CanyonAg77
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AG
Then don't send him this link.

https://www.kcbd.com/news/investigate/reagor-dykes/
meggy09
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Why the hell wouldn't he trade it in on the new truck
And save $1,300 in sales tax???
Bregxit
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Sasappis said:

bobbunker said:

I would have written a personal check instead of a cashier's check. If a dealer wont accept a personal check then screw em. He could have paid the difference instead of making two separate deals.


You would expect a dealership to release the vehicle without certified funds? That is insane and just bad business.


Toyota took my personal check for our new Highlander. Why not?
Serotonin
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meggy09 said:

Why the hell wouldn't he trade it in on the new truck
And save $1,300 in sales tax???
I think that's what he did, and part of it was to avoid taxes.

The difference here is that he "overpaid" since he had the cashier's check already, they just needed to cut him a check for the trade-in balance.

If I understand correctly.

EDIT: Going to stop speculating on details until he sends or describes contract to me.
cupofjoe04
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Before even reading the thread, I came here to say- yes, he is getting screwed by the dealership.

After reading the thread, yes, he is getting the runaround for sure.

Personally- I would never let them keep my truck without a check in hand. Too late for that.

My move would be to drive back to the dealership, and say I'm leaving with - a) full payment for my truck, plus something for my hassle, b) my old truck fully washed and gassed up, c) a full refund for my new truck and my old truck, or d) the person's phone number my lawyer will be calling this afternoon.

I have no clue if that would work- but it sounds like your friend needs to stand up for himself in this. They don't seem to be doing right by him.
AnScAggie
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Gator03 said:

meggy09 said:

Why the hell wouldn't he trade it in on the new truck
And save $1,300 in sales tax???
I think that's what he did, and part of it was to avoid taxes.

The difference here is that he "overpaid" since he had the cashier's check already, they just needed to cut him a check for the trade-in balance.

If I understand correctly.

EDIT: Going to stop speculating on details until he sends or describes contract to me.
Sounds like he's auditioning for a Nigerian prince role.
docb
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Personally I wouldn't worry about it taking 10-14 days unless for some reason I was really strapped for cash, and if I were I probably would not be buying a new truck.
Van Buren Boy
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So he still had a lien on the trade-in? If so, I hope he's still
paying his lienholder if a payment would have become due.
Strongweasel97
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From that description, it sounds like it's only been 3-4 business days w/holiday; he called today and his check has cleared; maybe as late as just this morning?

Not saying that's fantastic news given the runaround, but not exactly time to get a lawyer involved, chew ass, etc. I'd call the salesman and put it on him.
Serotonin
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I mean, it could be the case that the dealership just takes that long to pay balances due. Which is why you don't walk out of there without a check!

But I think in my phone call tonight I'm going to say:

"I have good news and bad news:

Bad news is that you're an idiot and will never get your $20k back.

Good news is that you have a nice selection of bourbon on hand to get you through the night and your $20k investment in not being an idiot could save you a lot of money in the future!"
Strongweasel97
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Lol. Very true.
Ragoo
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Dealership probably wants the extra $20k on the books thru the end of the month.
NoahAg
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Didn't read the OP but Ima say "yes."
GrimesCoAg95
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I always use a personal check at the dealership. They don't care.
Mas89
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The salesman himself could have taken his truck if he got the title to it. Did he buy from the dealership and trust the salesman with his old truck??? Lots of shenanigans at dealerships.

I'd definitely go back and speak to the manager in person to get truck or check.
HalifaxAg
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Can we know the dealership name?
rab79
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cupofjoe04 said:

Before even reading the thread, I came here to say- yes, he is getting screwed by the dealership.

After reading the thread, yes, he is getting the runaround for sure.

Personally- I would never let them keep my truck without a check in hand. Too late for that.

My move would be to drive back to the dealership, and say I'm leaving with - a) full payment for my truck, plus something for my hassle, b) my old truck fully washed and gassed up, c) a full refund for my new truck and my old truck, or d) the person's phone number my lawyer will be calling this afternoon.

I have no clue if that would work- but it sounds like your friend needs to stand up for himself in this. They don't seem to be doing right by him.
I would ixnay on the lawyer threat, if he does that he needs to not give them advance notice. My understanding is that some dealerships will shut down all activity and communication at the first mention of legal proceedings.
NO AMNESTY!

in order for democrats, liberals, progressives et al to continue their illogical belief systems they have to pretend not to know a lot of things; by pretending "not to know" there is no guilt, no actual connection to conscience. Denial of truth allows easier trespass.
Max Power
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Tell the salesman you're coming to pick up your check tomorrow and they don't have it you're calling the cops to report it stolen while standing in the showroom. Pretty sure that check will be ready. Doubt it goes over well with potential buyers if a recent customer has the cops showing up.
Serotonin
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My friend thanks you all for the help. He asked me not to post anymore about it on a public board until after dust settles and check is cleared, but I will say he will be following the strategy suggested by a poster above.

He said once check clears I am free to post the dealership and the method he used for procurement. He just doesn't want me to post anything else in case there are legal issues.
BoerneGator
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Since when is a cashiers check not as good as cash? Why did the dealership need to wait for it to "clear"? A phone call can verify the funds are good. Plus, as was mentioned, he's also due a tax saving refund due to the discounted purchase price (trade in).
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