I bought a used car and got ripped off
By hoseasmate
@hoseasmate (720)
United States
December 12, 2012 6:33am CST
I went with my daughter to help her get another car. We both told the sales person and the finance officer that we wanted absolutely no add ons to the cost of the car. We didn't want any additional warranties, nothing, just the car. During the signing of the finance papers the finance officer asked if we wanted gap insurance to cover the 'gap' in insurance that may exist if the insurance company didn't cover the full value of the financed car if it were totaled. We both agreed to pay $300 for that gap insurance...both stressing that if it was any kind of add on warranty we didn't want it. I blindly signed the papers and when the note from the bank arrived the $13,000 used car was $17,000 because of, you guessed it, a WARRANTY for $2800. I called back and the sales person sent me to the finance officer who said she'd talk to her boss and call me back. She insisted that I signed the paper and I was stuck. We bought the car the first week of November. Anyone know how we can get this fixed?
1 person likes this
10 responses
@renkinjutsushi (716)
• United States
13 Dec 12
You need to review the contract you signed when you purchased the car.
If the warranty was included in the documents and the total purchase price matches the amount the bank financed, you are legally bound by it. I'm sorry, but that is why you should always read through documents before signing them.
However, even if you agreed to it when you signed the paperwork, you are not stuck having to pay the amount of the warranty to the financing bank. Included with the paperwork that you signed will be a separate contract for the warranty on the vehicle. Read the fine print on that contract, because it will tell you what you need to do to cancel the warranty coverage. It will probably be something along the lines of taking your paperwork to the dealer's financing department and having them process the cancellation for you.
Once the warranty is canceled, the refund amount will be sent directly to the financing bank and applied to the balance of your loan. It'll bring your principal amount down, but your payments will remain the same. You may not get the full price of the warranty refunded. They allow a certain amount of time for a full refund, which will be specified on the warranty contract. It may be as short as 30 days. I tried to find our extended warranty contract to verify that, but I'm not sure where it's gotten off to. Anyway, if you're outside of the allowed period, the refund will be prorated for the remaining term of the warranty. The warranty contract should explain how the prorating works.
If I were you I would also double check to make sure you have a document titled "GAP Addendum" or something similar to that in with your paperwork. If you don't, they may not have given you the GAP protection you asked for.
2 people like this
@hoseasmate (720)
• United States
15 Dec 12
The warranty paper I signed said that I understood that I was purchasing the car 'as is'. There was no fee for $2800 on that document. I didn't see the gap part and that is where I think this finance officer pulled this off. I'm taking all the stuff to the manager and he is going to have the $2800 taken off and explain the stuff to me.
@renkinjutsushi (716)
• United States
15 Dec 12
With the last car we bought, both the warranty and the GAP were itemized on the "retail order for a motor vehicle" sheet, which gives all of the details of the transaction including the list price of the vehicle we bought, the value of our traded vehicle, and so on. We also have separate contracts for the GAP Addendum and the warranty.
It definitely sounds like there's something screwy going on. I'm glad to hear that the manager is going to meet with you and have the $2800 taken off. I hope he's able to explain what happened.
1 person likes this
@macdingolinger (10386)
• United States
12 Dec 12
What little I know about the law is that you are stuck since you signed it. Your signature is gold. You can report them to the BBB but since you signed it you will have a difficult time proving that they were guilty of wrongdoing. My dad purchased an extended warranty for my car to "take care of" his little girl. I have just now paid enough on the initial loan to pay that and nothing has come off the car which means I am still upside down on the loan after two years. I could appreciate those who do business honestly, if I could find one....somewhere....
@hoseasmate (720)
• United States
15 Dec 12
As incredible as it seems, the guy is supposed to make it right for me on Wednesday when I have to take off work and drive for two hours to the dealership to get new paperwork done. I hope that it turns out as good as it seems. If so, I will have a dealership to recommend if someone is in the area looking for a car.
1 person likes this
@macdingolinger (10386)
• United States
15 Dec 12
WEll, that's incredible! I'll believe it when I see it though! Sorry - been burned before - but hey - if the guy comes clean and gets it fixed for you that will be great. Too bad he won't compensate for the time at work that's lost and the hassle you have to endure to get it corrected.. they probably bank (no pun intended!) on the fact that most people either do not look close enough at their paperwork, or just figure it's not worth the hassle!
@macdingolinger (10386)
• United States
15 Dec 12
If he does make it right -- see if he has a handicap van he'll sell us!! lol!!
@hoseasmate (720)
• United States
15 Dec 12
I was 'sick' and couldn't sleep when I received the finance papers in the mail and saw what had happened. I thought of all those things and was prepared to hire an attorney. But thank G-d the supervisor just clearly said come by and we'll re-do the paperwork and make it right.
@urbandekay (18278)
•
12 Dec 12
It kind of goes without saying that if you don't read what your are signing then expect to get ripped off
Caveat emptor, as the saying goes
all the best, urban
1 person likes this
@hoseasmate (720)
• United States
15 Dec 12
I specifically questioned the finance officer about the paper when I signed it and was told it was for the gap insurance. Found out after receiving the finance papers that the $300 gap insurance was $2800. I don't know how that happened!
@chrystalia (1208)
• Tucson, Arizona
13 Dec 12
Man, I am afraid you are stuck, for sure. This happens a LOT, and I have never heard of anyone finding a way out of it--since most people don't tape their signings of documents. Gap insurance is very important, and it's a good thing--but the additional warranty is another story. I would file a complaint with the better business bureau, go on YELP and write a review, and if it is a major car dealership, I would also complain to the company they sell for (not that it will work--but just to get paper trail. Contacting your local newspaper, radio or TV station with the story might help as well. But definitely write it up at Yelp, and any other local review site you can find. Heck, I'd make up signs and picket them--freedom of assembly and all that if I got mad enough. You may not be able to win in court (though small claims court is a possibility, a slim one), but you can cause them a lot of negative publicity--Craigslist rants and raves as well.
@chrystalia (1208)
• Tucson, Arizona
15 Dec 12
Well, the manager might actually do the right thing and fix it--if he doesn't all of the above should happen to them. Hopefully he makes good for you, at least--but as important, he should make sure it doesn't happen to anyone else either.
@hoseasmate (720)
• United States
15 Dec 12
As incredible as it was that this finance officer pulled this over on me, was the incredible fact that manager agreed to make it right after I explained my side of the story to him. The sales person actually backed up our story because we spent a lot of time with him and I said over and over that I only wanted to know exactly the price of the car and no extras added on. I am shocked and I anxiouly await next Wednesday to find out that it is really true.
@Berardesco (83)
• Cleveland, Tennessee
12 Dec 12
Yeah you signed the paper so you are stuck.The best thing to do is report them to the BBB and hope that they now want to resolve this matter so it looks better for them on the BBB report.Never buy any extras from a dealer.
@hoseasmate (720)
• United States
15 Dec 12
My daughter and I were very adamant through the entire process of buying the car about no added fees. I was speechless when I saw the paperwork and wondered how in the world that was pulled off. But, when I called the dealership to complain, I was just as shocked when the finance officer supervisor said he'd make it right. Must have happened more than once...because I can't imagine it being that simple to have this fixed.
@hoseasmate (720)
• United States
15 Dec 12
I called the sales person first, then spoke to the finance officer. She said that I signed the paper and I was stuck with it, but she would talk to her boss and call me back. I waited two days (that's why I'm late responding here) and no one called. I called the sales person back who put me in touch with her boss. He will make it right, he said, and I have an appointment to go back to the dealership to sign new papers.
@skyandgrassplot (1497)
• China
13 Dec 12
I feel so sorry to hear about that,so why not to check the papers again?If in the papers it really show that the cost is $2800 then I think it is very difficult to get this fixed.But if no so can fix it totally.
1 person likes this
@mariaperalta (19073)
• Mexico
12 Dec 12
thats sad.. but you should have recourse there. Id call all the bbb and make a complaint against them.
1 person likes this
@hoseasmate (720)
• United States
15 Dec 12
I started by calling the sales person and it looks like the dealership is willing to make it right by taking this warranty I didn't want off the price of the finance. I can't believe that I don't have to fight this to the bitter end!
@ltpotter (177)
• United States
13 Dec 12
That's pretty much how a car-salesmen are. They try to get as much money as possible from you so they can have a nice check at the end of the month. How pathetic huh? Oh and what they did was illegal in america so you could take them to court if you do some research on what they did.
@hoseasmate (720)
• United States
15 Dec 12
That is what is so incredible about all this. I questioned every paper before I signed and was told by the finance officer what it was I was signing. I said over and over that I didn't want any add on fees, etc. But I am also so grateful that the manager of the dealership is willing to make it right and will take the fee off the price we financed.
@renkinjutsushi (716)
• United States
13 Dec 12
If the warranty was included at the time of purchase and the buyer signed the contract agreeing to purchase it, it is not illegal. Unethical, sure, especially if it was slipped in there without the buyer's consent... but the judge's first question for the buyer would probably be why they signed the paperwork blindly without reading it.
You're a little too young to have to worry about signing legally binding contracts yet, but do yourself a favor when you're officially an adult and make sure you always read so you know what you're agreeing to.
1 person likes this