Dealer Scam? Need advise.

sonic370 · 07-15-2010, 07:38 PM

my two cents worth. its all BS and your in the middle.
but when the dealer signed the contract and then you signed the contract
and you drove off it should be a done deal.

but once when i bought a car. and it was a week later the dealer called me and said they needed more proof of income. and i had already traded my old car in and drove the new one for a week,and i'm thinking what the heck.

Zaggeron · 07-15-2010, 08:30 PM

Quote:

Originally Posted by rmorrow

I really believe that your auto purchase contract/finance document is a legal and binding document that will stand up in court (or arbitration if required). I believe that there is a requirement called the "One Document" rule governing a new car purchase. If the document shows a down payment, then the dealership will have a difficult time proving otherwise. There is an attorney in SoCal that specializes in these auto fraud and dispute cases. His name is Hal Rosner, of Rosner, Barry & Babbitt. The phone number is (800) 466-5366. By the way, I believe that Rosner answers auto dispute/fraud related questions for free on a website called UCAN.org.

+1

OP is likely at the point where he needs more than opinions from fellow forum members. Real legal advice on how to proceed is a good idea.

zZSoCalZz · 07-16-2010, 10:47 AM

Quote:

Originally Posted by rmorrow

I really believe that your auto purchase contract/finance document is a legal and binding document that will stand up in court (or arbitration if required). I believe that there is a requirement called the "One Document" rule governing a new car purchase. If the document shows a down payment, then the dealership will have a difficult time proving otherwise. There is an attorney in SoCal that specializes in these auto fraud and dispute cases. His name is Hal Rosner, of Rosner, Barry & Babbitt. The phone number is (800) 466-5366. By the way, I believe that Rosner answers auto dispute/fraud related questions for free on a website called UCAN.org.

Thanks for that info buddy. Will check out the site and give him a call and see what he says.

Quote:

Originally Posted by Zaggeron

+1

OP is likely at the point where he needs more than opinions from fellow forum members. Real legal advice on how to proceed is a good idea.

No doubt... This has stressed me out to the point I couldn't sleep last night.

elmz · 07-16-2010, 10:48 AM

Quote:

Originally Posted by rmorrow

There is an attorney in SoCal that specializes in these auto fraud and dispute cases. His name is Hal Rosner, of Rosner, Barry & Babbitt. The phone number is (800) 466-5366. By the way, I believe that Rosner answers auto dispute/fraud related questions for free on a website called UCAN.org.

Best response so far.

zZSoCalZz · 07-16-2010, 11:04 AM

Quote:

Originally Posted by elmz

Best response so far.

Just left a question on the site.. Let see what he says.

SkyZ · 07-16-2010, 12:58 PM

not gonna add any thing to the great opinions already stated. just saying good luck.

dudafunk · 07-16-2010, 01:28 PM

RECORD whatever u talk to them about now on, on ur cellphone.

zZSoCalZz · 07-16-2010, 01:39 PM

Quote:

Originally Posted by dudafunk

RECORD whatever u talk to them about now on, on ur cellphone.

Thanks. Will do.

rmorrow · 07-16-2010, 05:40 PM

I am curious to know what Rosner or one of his associates tell you. If for some reason he does not respond on the website, call him and explain the situation. It might only take a letter from him to the dealership to shut this down. I am SURE that the dealerships know him. I deal with attorneys every day. If Rosner does not respond, let me know. I have several attorney friends that would provide me with counsel on this gratis (free). They owe me for referrals.

zZSoCalZz · 07-16-2010, 05:54 PM

Quote:

Originally Posted by rmorrow

I am curious to know what Rosner or one of his associates tell you. If for some reason he does not respond on the website, call him and explain the situation. It might only take a letter from him to the dealership to shut this down. I am SURE that the dealerships know him. I deal with attorneys every day. If Rosner does not respond, let me know. I have several attorney friends that would provide me with counsel on this gratis (free). They owe me for referrals.

Great. Thanks again. I will wait until Monday to see if I hear back from him and I'll let you know.

zZSoCalZz · 07-16-2010, 06:08 PM

Quote:

Originally Posted by SkyZ

not gonna add any thing to the great opinions already stated. just saying good luck.

Thanks.

zZSoCalZz · 07-21-2010, 01:30 PM

E-mail Nissan of North America Pretty much saying they will investigate the situation and get back to me within 2 days.

Spoke to another lawyer. Told me over phone that the contract in my case "should" act as a receipt.

On UCAN.org

1000.00 cash disappears after 2 months?

reply
CASH deposit Missing... ?
On July 19th, 2010 Anonymous (not verified) says:
Same thing happened to me about 17 years ago when I was 21... I had paid $500 by deffered deposit, $500 by credit card, and $4000 in hard cold (sweaty, but cold) CASH... a couple weeks passed and I received a call from the dealership telling me that they had misplaced my $4000 check and if I could please write them a new one... ? ... After telling the dealership rep that I paid $500 by credit card, $4000 in cash, and that the only check I wrote was for the $500 deferred deposit and that I have BOTH recipts to prove the manners in which I paid my deposits - they proceeded to argue with me for about 15-20 mins until I finally hung-up on them. Well, long story short - this went on for about another month until I was taken to court by the dealership... All I did was show the judge the copies of my recipts - One that said BY CREDIT CARD and the other that said CASH - and it was all over. Judgement in my favor...
Life lesson learned at 21 years of age: KEEP YOUR RECEIPTS!!! =)

reply
Oh yeah...
On July 19th, 2010 Anonymous (not verified) says:
Oh yeah, I almost forgot...
About 3 weeks after I won the judgement... I FINALLY received my registration and tags.

reply
I have my tags and license
On July 19th, 2010 Anonymous (not verified) says:
I received my tags and license already. I never received a receipt from them.. Which leads me to believe that this was a set up scam to begin with since the saleman insisted that I bring the 1000.00 in cash.

I wonder if the contract will hold up as receipt if this goes to court.

reply
yes the contract will hold
On July 21st, 2010 Anonymous (not verified) says:
yes the contract will hold up,,,it states that you gave them a down payment,,,thats your reciept,,they are just trying to scare you into bringing them money,,,the saleman probably kept the money and did not tell them, however that is not your responsibility,,,,David Dealer NC

zZSoCalZz · 07-27-2010, 11:10 AM

To all you who have shown concerns regarding this matter I thank you for the support.

Here is what the Nissan of North America e-mailed me this morning.

I wanted to give you a final update: The General Manager at Nissan of San Bernardino stated that the situation has been discussed within the dealership, and they have decided to "write off" the $1000.00 down payment. You should not receive any further contact from Nissan of San Bernardino in regards to this matter. Thank you for being a part of the Nissan family!

Repecfully,

Axxxxxxx

Zaggeron · 07-27-2010, 11:26 AM

Looks like someone at the dealership has an extra $1000 tax free. Glad it's not your problem anymore

zZSoCalZz · 07-27-2010, 11:41 AM

Quote:

Originally Posted by Zaggeron

Looks like someone at the dealership has an extra $1000 tax free. Glad it's not your problem anymore

Thanks,

yeah I was so relieved when I read the e-mail this morning. I really anticipated going to court and dealing with the whole mess. Taking time off work would have cost me a lot of $$$.

07-21-2010, 01:30 PM	#102 (permalink)
zZSoCalZz Base Member Join Date: May 2010 Location: Los Angeles Posts: 176 Drives: in traffic! Rep Power: 15	Update. E-mail Nissan of North America Pretty much saying they will investigate the situation and get back to me within 2 days. Spoke to another lawyer. Told me over phone that the contract in my case "should" act as a receipt. On UCAN.org 1000.00 cash disappears after 2 months? reply CASH deposit Missing... ? On July 19th, 2010 Anonymous (not verified) says: Same thing happened to me about 17 years ago when I was 21... I had paid $500 by deffered deposit, $500 by credit card, and $4000 in hard cold (sweaty, but cold) CASH... a couple weeks passed and I received a call from the dealership telling me that they had misplaced my $4000 check and if I could please write them a new one... ? ... After telling the dealership rep that I paid $500 by credit card, $4000 in cash, and that the only check I wrote was for the $500 deferred deposit and that I have BOTH recipts to prove the manners in which I paid my deposits - they proceeded to argue with me for about 15-20 mins until I finally hung-up on them. Well, long story short - this went on for about another month until I was taken to court by the dealership... All I did was show the judge the copies of my recipts - One that said BY CREDIT CARD and the other that said CASH - and it was all over. Judgement in my favor... Life lesson learned at 21 years of age: KEEP YOUR RECEIPTS!!! =) reply Oh yeah... On July 19th, 2010 Anonymous (not verified) says: Oh yeah, I almost forgot... About 3 weeks after I won the judgement... I FINALLY received my registration and tags. reply I have my tags and license On July 19th, 2010 Anonymous (not verified) says: I received my tags and license already. I never received a receipt from them.. Which leads me to believe that this was a set up scam to begin with since the saleman insisted that I bring the 1000.00 in cash. I wonder if the contract will hold up as receipt if this goes to court. reply yes the contract will hold On July 21st, 2010 Anonymous (not verified) says: yes the contract will hold up,,,it states that you gave them a down payment,,,thats your reciept,,they are just trying to scare you into bringing them money,,,the saleman probably kept the money and did not tell them, however that is not your responsibility,,,,David Dealer NC __________________ 2009 MB: Stillen G3 Intake // Customized illuminated kickplates frost blue Z //

07-27-2010, 11:10 AM	#103 (permalink)
zZSoCalZz Base Member Join Date: May 2010 Location: Los Angeles Posts: 176 Drives: in traffic! Rep Power: 15	Final update. To all you who have shown concerns regarding this matter I thank you for the support. Here is what the Nissan of North America e-mailed me this morning. I wanted to give you a final update: The General Manager at Nissan of San Bernardino stated that the situation has been discussed within the dealership, and they have decided to "write off" the $1000.00 down payment. You should not receive any further contact from Nissan of San Bernardino in regards to this matter. Thank you for being a part of the Nissan family! Repecfully, Axxxxxxx __________________ 2009 MB: Stillen G3 Intake // Customized illuminated kickplates frost blue Z //

07-27-2010, 11:26 AM	#104 (permalink)
Zaggeron A True Z Fanatic Join Date: Jan 2010 Location: Austin, TX Posts: 1,951 Drives: '10 370ZR '13 BRZ Rep Power: 18	Looks like someone at the dealership has an extra $1000 tax free. Glad it's not your problem anymore __________________ 2010 Platinum Graphite 370z Roadster:Touring/Sport 2013 Subaru BRZ Limited

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07-15-2010, 07:38 PM	#91 (permalink)
sonic370 A True Z Fanatic Join Date: May 2010 Location: Orange Texas Posts: 1,574 Drives: 09 370Z Sports PGK Rep Power: 18	my two cents worth. its all BS and your in the middle. but when the dealer signed the contract and then you signed the contract and you drove off it should be a done deal. but once when i bought a car. and it was a week later the dealer called me and said they needed more proof of income. and i had already traded my old car in and drove the new one for a week,and i'm thinking what the heck.

07-16-2010, 12:58 PM	#96 (permalink)
SkyZ Enthusiast Member Join Date: Jul 2009 Location: Canada Posts: 382 Drives: 09 370z PG M6 Rep Power: 15	not gonna add any thing to the great opinions already stated. just saying good luck.

07-16-2010, 01:28 PM	#97 (permalink)
dudafunk Enthusiast Member Join Date: Nov 2009 Location: Long Island, NY Posts: 421 Drives: '09 370z Base Red AT Rep Power: 15	RECORD whatever u talk to them about now on, on ur cellphone.

07-16-2010, 05:40 PM	#99 (permalink)
rmorrow Base Member Join Date: Jun 2010 Location: Houston Posts: 79 Drives: 2010 370z Sports MT Rep Power: 15	I am curious to know what Rosner or one of his associates tell you. If for some reason he does not respond on the website, call him and explain the situation. It might only take a letter from him to the dealership to shut this down. I am SURE that the dealerships know him. I deal with attorneys every day. If Rosner does not respond, let me know. I have several attorney friends that would provide me with counsel on this gratis (free). They owe me for referrals.