OK, it sounds like the Acura needs to go.xray328 said:The Acura has major damage, not frame damage but it's pretty bad according to the body shop.
So, I took the car over to the place we bought it. It didn't go so well. I explained the situation to the guy in the "tower" who basically chuckled and said they just go off the carfax and weren't buying the car back. We had some heated words and it ended with me tossing the keys at him (not good). They threatened to call the police for "battery" (I know, I know - but the guy was being a real jerk.) I realized soon after that they'd probably have it towed which would result in a repo, and we be in far worse shape then we are now.
Everything cooled down a bit (the guy wouldn't give me the keys back until I apologized - jerk) and they said they could put us in something else for the same price, all of which were 4 years old and had 50,000+ miles on them. Since we felt like we were being pushed into a corner with buying something we really didn't want, we offered to buy ourselves out with $1000 cash. They said the loan had already been funded so the best they could do was to give us $19k for the Acura as if it was a trade and take $3200 cash from us ($22.2K payoff - $19k). No deal.
Then they said there was a Honda store (not theres) but that they could sell us an '11 Odyssey EX-L with 1100 miles for $38,200 + $3200 (negative equity on the Acura). Since we've been looking at these, we knew the invoice on a brand new one was $32.4k so again, no deal. We told them if they could match the lease deal we had at the Honda store (that I showed you) we'd do that. They said they couldn't lease it since they weren't a Honda store (versus buying the used '11 and selling us that one - which again was used and $6k over invoice brand new). No deal.
Then they said we could walk away from the Acura if we signed over the '05 Accord to them - worth $6k trade-in. No deal...not sure how it went from a $3200 walk away deal to us giving them our Accord worth $6k.
At that point, my wife said to just give them the $3200 and walk. But of course that has to be approved by accounting tomorrow.
What a mess. These guys are huge jerks and I feel like they've got us over a barrel. The last thing I want to do is give them $3200 or be forced into one of their "used car specials".
Is it worth contacting a lawyer?
Excellent advice.tom34diy said:xray328, I am not an attorney but have some thoughts about what I would do.
I would write that dealer a letter stating what they misrepresented to you or concealed from you and state how you want it resolved. I would ask for a couple of thousand dollars in addition to being made whole, so they have room to counter with an offer to just undo the deal. I would tell them about your plans to go to the BBB, your states Attorney General's Conumer Affairs Office, etc., to complain about them and that you will turn the matter over to an attorney if it is not resolved within 10 days or some other time period. I would send the letter to the head person at the dealership, certified, return receipt requested, which shows them you can prove they received it if necessay. You can get the names of the company owners from public sources like the Secretary of State Corporations Division and send a copy of the letter to them as well. On your letter to the dealership, put at the bottom who else is getting a copy so they know they cannot just sit on this, that their bosses have be alerted to this ripoff. I would try to resolve it before you have to actually get an attorney involved. If they do not respond to your letter or undo the deal, then have a lawyer friend or relative (with a different last name from yours) send them a letter saying he will file suit within so many days. Or, if you do not know one, maybe you can pay an attorney a $100 or so just to prepare a letter to them if they do not reply o your letter.
I would also get my own copy of the carfax, and if the car was listed on their website or Autotrader, maybe it is still listed and you should printout a copy of the ad, especially any representations about the car. I would also make my own notes about any conversations with anyone at the dealership about the car, in case you have to sue them. But, I expect that once they see that you are serious, that you have your ducks in a row, and that they may get sued, that they will undo this deal. Again, I am not an attorney, but I have dealt with bad dealers before. I also recommend no further personal visits where the conversation is not documented and they have more witnesses than you do. Good luck.
That sounds like a pretty clear cut case. They represented the car as being accident free and it was not. This should not cost you anything including TTL.xray328 said:
I think I'm going to focus on the fact that it was advertised as accident free, and they failed to do their duty inspecting the Acura prior to putting it up for sale to back that advertisement. Even a basic inspection would of showed the radiator missing one of the mounting bolts - you can literally move the radiator back and forth.