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hotcornernoprob 05-12-2011 09:24 PM

dealership not paying off my trade in
So i bought my 2011 Ram Feb 17 of this year. It is now May 12 and the dealership still has not paid off the car i traded in. Is there any type of action I can take? I ask because i'm still getting notices and phone calls from the bank i financed my trade in saying I owe them last 3 months of payments even though they know i traded in my car. I got a call today from them stating that if they don't get the payoff in the next week or so they will repossess the car from the dealership and it will affect my credit? Anything i can do????

erm 05-12-2011 09:29 PM

Sticky issue. If it were me, I'd review the sales contract. Is the payoff amount shown? IF so, I'd go sit with the finance or office manager at the dealership, show them the document and ask why the trade payoff wasn't done. They are in breach of the contract.

As such, they can be held liable for any damages you incur as a result of their breach, up to and including legal fees, fines, penalties and compensation should your credit be impacted by their breach.

RockyRam 05-12-2011 09:46 PM

I agree with Michael. I'd do the same thing. That is a crappy situation!

wannab 05-12-2011 10:01 PM

I was checking my pay off every day after the purchase of my truck. There is a 14 day window to pay it off and the dealer I purchased from sent the pay off out on the 14 day. It looks like my trade in got paid off today. Good luck with it and keep us posted. You have to call the dealer and raise hell, and definately post bad reviews on the web about them. I staid away from dealers that had a lot of negitive reviews.

jbryan2 05-12-2011 10:37 PM

That sounds like a horrible situation. I would take my contract that states that they were to pay it off to the bank and to the dealership and demand some answers and results before leaving

ArmyofOne 05-12-2011 11:56 PM

Same thing happened to me. Dealership said they had 90 days to payoff. Federal law states 14 days is the MAX. I threatened a military attorney, they paid off my car THAT day. "Someone lost the paperwork", my ass...

GTyankee 05-13-2011 12:00 AM

i would be jumping on the finance dept like stink on turds
if it were me, they would have already been served a subpoena to show up in court

brad12kx 05-13-2011 12:08 AM

If your paperwork shows the buy-out, take a copy of the paperwork and the dealership's business managers card to the bank, and take a copy of the banks 'threats' and the contact information/business card of the banks officer to the dealer. Explain to both that legal action is pending. Ignore and harsh statements from either....just smile and tell them that all you are doing is ensuring that all parties have copies of the documents that will be presented in court, if such action is necessitated.

Then jump in the Ram, and go an a 2-3 day drive/holiday/time-out....whatever you want to call it, then check with the bank. :) If the loan is not satisfied, contact a lawyer or legal aid attorney for advice......but I doubt it will come to that.

platinuminjected 05-13-2011 12:09 AM

i would call them up and tell them to do it right now seein you dont have much time left before they take it into their own hands....they should be good about it and do it asap....when i bought my truck they didnt pay off the complete left over loan i think they were off by like 50 bucks and i called them and it got paid right away....i really hope it all works out for you bud!!!

GTyankee 05-13-2011 12:13 AM

I like what BRAD typed, right ON

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