REVscene - Vancouver Automotive Forum

SizzleChest · 06-21-2010, 06:35 PM

just got off the phone with a guy i work with who just recently bought (trade + cash) a used car from a dealership a few days ago. he has since then discovered a few negative issues (cosmetic only) that he was unaware of before he signed the papers and has canceled his cheque from being cashed. the dealership says they are willing to negotiate, but not until he pays in full the promised amount and are threatening legal action if the money is not reissued. he wants the repairs done before they get one penny from him and is prepared to return the car and drive his old one home until he is satisfied.

i don't think he stands a chance, but i'm curious if anyone else has had experience with this sort of thing. thanks.

cococly · 06-21-2010, 06:51 PM

YOur friend bought a car from a dealership.

Both parties signed legal contract.

Your friend agreed to pay a certain amout of $ to the dealer.

The dealer is willing to accept the certain amout of $.

The car was handed over to your friend.

Your friend then terminated the cheque, while keeping the car.

The dealer got nothing, and lost a car.

If they didn't have agreements on a satifaction period of any sorts, I do not think your friend can legally do that.

Qmx323 · 06-21-2010, 06:55 PM

your friend better pay the dealership.

it was a USED car (as is).

good luck to your friend

gearshifter · 06-21-2010, 07:27 PM

He SIGNED legal documents which promised XXX amount.

So now that he finds these issues on the car... how does the dealership know that HE himself didn't do it?

Also, I would assume that there is NOTHING legally documented which states that the dealership has to repair the vehicle.. But there is SOMETHING which is legally documented that says he has to pay XXX amount.

So if you goto court.... Who do you think would win?

FerrariEnzo · 06-21-2010, 07:38 PM

isnt there a new law out that saying if the dealership doesn't disclose any faults, the buyer who bought the car can return it for whatever he gave the dealer?

at least thats what the used car guy at the dodge on marine was telling me when i was looking at the used wranglers.. maybe he was BSing me or maybe there is this new law?

Phil@rise · 06-21-2010, 07:49 PM

Was this a fault of the car that was hidden by the dealer or simply some visible cosmetic damage that wasn't seen by your friend the buyer?
The sales man isn't obligated to point out every little swirl, scratch or tear to the potential buyer its his job to concentrate his efforts on the good stuff and the buyers job to concentrate on the bad stuff and negotiate from there.
Dealers are obligated to disclose prior territories and uses for the vehicle as well as mileage and accident history but as far as I know that's about it. If the vehicle turns out to be a lemon within 30 days then they have to shell out for that as well, even if sold as is that's why dealers auction off or scrap their trade in junkers.
Seems too me that your buddy is pulling a dirt bag move if it is just minor cosmetic damage.

wnderinguy · 06-21-2010, 08:07 PM

Quote:

Originally Posted by SizzleChest

and is prepared to return the car and drive his old one home until he is satisfied.

i don't think he stands a chance, but i'm curious if anyone else has had experience with this sort of thing. thanks.

Chances the car he traded in is already long gone ,if not, the Dealership would have full Title to it . I doubt if they'd give it back ,considering your buddies tactics.

I wouldn't be surprised of your friend is arrested for theft,in which case he's out both vehicles and face jail time.

fishing666 · 06-21-2010, 08:21 PM

it's a tough break for your friend
that's why we have like a 20% difference in price between a new car and a used one that is only 1 year old with about 10-20k mileage

- kT · 06-21-2010, 09:13 PM

your friend has no grounds to be doing this on

it's that simple

SizzleChest · 06-24-2010, 03:13 PM

well, he was able to return the car, get his old one back and walk away with the whole deal negated.

cococly · 06-24-2010, 04:12 PM

^Where's this dealer? I would like to check it out. LOL

StylinRed · 06-24-2010, 04:51 PM

dealer probably didnt want the hassle

lowside67 · 06-24-2010, 05:07 PM

Unbelievable. Assuming the facts are exactly as stated and this wasnt a case of the dealer actually lying or somehow hiding something, do me a favour and tell your buddy he's a complete douchebag, k? It's stunts like this that make those of us who work in the car industry feel like we need to cover ourselves or simply be taken advantage of. The general perception of the public is extremely negative towards the car industry but as a whole (and certainly there ARE exceptions to the rule), people who work in the car business are people like anybody else who have a living to make and need to be able to sleep at night with a clear conscience.

Ferra · 06-25-2010, 06:41 AM

legally, your friend can't just cancel his cheque even if the dealer had obviously sold him a lemon. A cheque payment should be equivalent to a cash payment...he can't just back out of it whenever he feels like it.
that being said, however, most people wouldn't want to go thru the hassle of going to court...and would just compromise to try and resolve the situation as quickly as possible.

I don't think there is any satisfaction guarantee when it comes to car purchases, especially for used vehicles.
and even if there are, I HIGHLY DOUBT it would cover "cosmetic" problem...