My son recently graduated from college, and he and his wife went to buy a car. They never discussed financing with the dealer. They agreed on a price, went to the bank and brought back a cashiers check for the amount. They brought the car home, and two days later the dealership is saying that a mistake was made and the price included a discount for him being a new graduate, but only if he financed the car.
Am I wrong, or is that their problem? He has already paid for it and taken possession.
Let me get this straight.
I would stand my ground. Your son negotiated in good faith. Either they messed up, or they are dishonest. Either way your son wasn't the one supposed to know all the internal rules.
I don't think it matters if they cashed the check or not. I would tell them if they have cashed it, that is even more evidence the deal was finalized. But even if they they didn't cash it, it only proves they are very disorganized.
If for some reason your son feels forced to redo the deal, have him start the negotiations way below the price that was agreed to. If the deal for some strange reason gets voided don't let him agree to some sort of restocking fee.
Same thing happened to my hubby when he bought his new truck. The dealer called the purchasing agent we go through for new vehicles and complained that they lost money on the deal. They wanted more. The agent said good for my customer and ended the call. I'm no lawyer and laws vary by state.
– Pecos Bill Jul 08 '15 at 18:24I had a similar situation when I was in college. The difference was that the dealer agreed to finance and the bank they used wanted a higher interest rate from me because of my limited credit history. The dealer asked for a rate 5 percentage points higher than what they put on the paperwork. I told them that I would not pay that and I dropped the car off at the lot with a letter rescinding the sale. They weren't happy about that and eventually offered me financing at my original rate with a $1000 discount from the previously agreed-upon purchase price. What I learned through that experience is that I didn't do a good-enough job of negotiating the original price.
I would suggest that your son stop answering phone calls from the dealership for at least 1 week and drive the car as much as possible in that time. If the dealer has cashed the check then that will be the end of it. He owes nothing further. If the dealer has not cashed the check, he should ask whether they prefer to keep the check or if they want the car with 1000 miles on the odometer. This only works if your son keeps his nerve and is willing to walk away from the car.
I'm sorry to hear you've made a mistake. Having read the contract of sale we signed, I do not see any remedy to your current situation. However, I'm interested in making sure I do not take advantage of you. As such, I'll return the vehicle, you can return my money plus the bank fees I paid for the cashiers check, tax, title, and registration, and I will look at buying a vehicle from another dealership.
This seems to be the most fair resolution. If I were to pay for your mistake at a price I did not agree to, it would not be fair to me. If you were to allow this vehicle to go to me at the price we agreed to, it wouldn't be fair to you. If I were to return the car and begin negotiations again, or find a different car in your lot, it would be difficult for us to know that you were not going to make a similar mistake again.
At this point I consider the sale final, but if you'd prefer to have the vehicle back as-is, returning to us the money we gave you as well as the additional costs incurred by the sale, then we will do so in order to set things right.
Chances are good you will see them back down. Perhaps they will just cut the additional payment in half, and say, "Well, it's our mistake, so we will eat half the cost," or similar, but this is merely another way to get you to pay more money.
Stand firm. "I appreciate the thought, but I cannot accept that offer. When will you have payment ready so we can return the car?"
If you are firm that the only two solutions is to keep the car, or return it for a full refund plus associated costs, I'd guess they'd rather you keep the car - trust me, they still made a profit - but if they decide to have it returned, do so and make sure they pay you in full plus other costs. Bring all your receipts, etc and don't hand over the keys until you have the check in hand.
Then go, gladly, to another dealership that doesn't abuse its customers so badly.
If you do end up keeping the car, don't plan on going back to that dealership. Use another dealership for warranty work, and find a good mechanic for non-warranty work.
Note that this solution isn't legally required in most jurisdictions. Read your contract and all documentation they provided at the time of sale to be sure, but it's unlikely that you are legally required to make another payment for a vehicle after the sale is finalized. Even if they haven't cashed the check, the sale has already been finalized.
What this solution does, though, is put you back in the driver's seat in negotiating. Right now they are treating it as though you owe them something, and thus you might feel an obligation toward them. Re-asserting your relationship with them as a customer rather than a debtor is very important regardless of how you proceed. You aren't legally culpable, and so making sure they understand you aren't will ultimately help you.
Further, dealerships operate on negotiation. The primary power the customer has in the dealership is the power to walk away from a deal.
They've set the situation up as though you no longer have the power to walk away. They didn't threaten with re-possession because they can't - the sale is final. They presented as a one-path situation - you pay. Period.
You do have many options, though, and they are very familiar with the "walk away" option. Present that as your chosen option - either they stick with the original deal, or you walk away - and they will have to look at getting another car off the lot (which is often more important than making a profit for a dealership) or selling a slightly used car. If they've correctly pushed the title transfer through (or you, if that's your task in your state) then your brief ownership will show up on carfax and similar reports, and instantly reduces the car's worth. Having the title transfer immediately back to the dealership doesn't look good to future buyers.
So the dealership doesn't want the car back. They are just trying to extract more money, and probably illegally, depending on the laws in your jurisdiction.
Reassert your position as customer, and decide now that you'll be fine if you have to return it and walk away. Then when you communicate that to them, chances are good they'll simply cave and let the sale stand as-is.
The sales manager and/or finance manager applied a rebate that did not apply.
It's their fault.
They have internal accounts to handle these situations as they do come up from time to time.
The deal is done.
They have no legal ground.
I have one additional recommendation: if the dealer continues to press the issue, tell them that they need to drop it, or you will write a Yelp review in excruciating detail about the entire experience.
Used car dealers are very aware of their Yelp presence and don't like to see recent, negative reviews because it can cost them a lot of new business.
(I'm assuming this is a used car. If it's a new car, you could go over their heads and bring up the problem with the manufacturer. Dealers hate it when you go directly to the manufacturer with a dealer complaint.)
Don't take the car back! The dealership wants you to take it back to try and earn more money. Simply stated, the dealerships hate paid up front cash deals. They make money on the financing. So to call back and try to up their fee is them realizing their not making a large enough profit. Say thank you and move on. The deal is done!!
On the surface this sounds ridiculous, which makes me suspect that there might be something that the dealer intends to cling on to; otherwise it sounds like the dealer should be ashamed to even call your son about its own incompetence.
I'd recommend politely refusing the request since said mistake didn't happen on your end, and wait to see if the dealer comes back with some sort of argument.
I've been an F&I Manager at a new car dealership for over ten years, and I can tell you this with absolute certainty, your deal is final. There is no legal obligation for you whatsoever. I see this post is a few weeks old so I am sure by now you already know this to be true, but for future reference in case someone in a similar situation comes across this thread, they too will know.
This is a completely different situation to the ones referenced earlier in the comments on being called by the dealer to return the vehicle due to the bank not buying the loan. That only pertains to customers who finance, the dealer is protected there because on isolated occasions, which the dealer hates as much as the customer, trust me, you are approved on contingency that the financing bank will approve your loan. That is an educated guess the finance manager makes based on credit history and past experience with the bank, which he is usually correct on. However there are times, especially late afternoon on Fridays when banks are preparing to close for the weekend the loan officer may not be able to approve you before closing time, in which case the dealer allows you to take the vehicle home until business is back up and running the following Monday. He does this mostly to give you sense of ownership, so you don't go down the street to the next dealership and go home in one of their vehicles.
However, there are those few instances for whatever reason the bank decides your credit just isn't strong enough for the rate agreed upon, so the dealer will try everything he can to either change to a different lender, or sell the loan at a higher rate which he has to get you to agree upon. If neither of those two things work, he will request that you return the car. Between the time you sign and the moment a lender agrees to purchase your contract the dealer is the lien holder, and has legal rights to repossession, in all 50 states. Not to mention you will sign a contingency contract before leaving that states you are not yet the owner of the car, probably not in so many simple words though, but it will certainly be in there before they let you take a car before the finalizing contract is signed.
Now as far as the situation of the OP, you purchased your car for cash, all documents signed, the car is yours, plain and simple. It doesn't matter what state you are in, if he's cashed the check, whatever. The buyer and seller both signed all documents stating a free and clear transaction. Your business is done in the eyes of the law. Most likely the salesman or finance manager who signed paperwork with you, noticed the error and was hoping to recoup the losses from a young novice buyer.
Regardless of the situation, it is extremely unprofessional, and clearly shows that this person is very inexperienced and reflects poorly on management as well for not doing a better job of training their employees. When I started out, I found myself in somewhat similar situations, both times I offered to pay the difference of my mistake, or deduct it from my part of the sale. The General Manager didn't take me up on my offer. He just told me we all make mistakes and to just learn from it. Had I been so unprofessional to call the customer and try to renegotiate terms, I would have without a doubt been fired on the spot.
As others have said, if the dealer accepted payment and signed over ownership of the vehicle, that's a completed transaction. While there may or may not be a "cooling-off period" in your local laws, those protect the purchaser, not (as far as I know) the seller.
The auto dealer could have avoided this by selling for a fixed price. Instead, they chose to negotiate every sale. Having done so, it's entirely their responsibility to check that they are happy with their final agreement. Failing to do so is going to cost someone their commission on the sale, but that's not the buyer's responsibility. They certainly wouldn't let you off the hook if the final price was higher than you had previously agreed to.
He who lives by the fine print shall die by the fine print. This is one of the reasons there is huge turnover in auto sales staff; few of them are really good at the job.
If you want to be kind to the guy you could give him the chance to sell you something else. Or perhaps even offer him a $100 tip. But assuming the description is correct, and assuming local law doesn't say otherwise (if in any doubt, ask a lawyer!!!), I don't think you have any remaining obligation toward them
On the other hand, depending on how they react to this statement, you might want to avoid their service department, just in case someone is unreasonably stupid and tries to make up the difference that was.
Lets look at it this way. Your son bought the car and then 2 days later, he wants to change the price. Will the dealership let him do that after all the paperwork is signed?
As mhoran_psprep and others have already said, it sounds like the sale is concluded and your son has no obligation to return the car or pay a dime more. The only case in which your son should consider returning the car is if it works in his favor--for example, if he is able to secure a similar bargain on a different car and the current dealer buys the current car back from your son at a loss.
If the dealer wants to buy the car back, your son should first get them to agree to cover any fees already incurred by your son. After that, he should negotiate that the dealer split the remaining difference with him.
Suppose the dealership gave a $3000 discount, and your son paid $1000 in title transfer, registration, and any other fees such as a cashier's check or tax, if applicable. The remaining difference is $2000. Your son should get half that. In this scenario, the dealer only loses half as much money, and your son gains $1000 for his trouble.
Your son is in the right. But he broke the "unwritten" rules, which is why the car dealer is upset.
Basically, cars are sold in the United States at a breakeven price. The car company makes ALL its money on the financing. If everyone bought "all cash," the car companies would not be profitable.
No one expected anyone, least of all your son, a "young person," to pay "all cash." When he did, they lost all the profit on the deal.
On the other hand, they signed a contract, your son met all the FORMAL requirements, and if there was an "understanding" (an assumption, actually), that the car was supposed to be financed, your son was not part of it.
Good for him. And if necessary, you should be prepared to back him up on court.
If the discount is only for financed car then their software application should have accepted the payment (electronic transfer ID) from financed bank. In this case the bank should have given the payment on behalf of your son.
I believe the dealer know in advance about the paper work and deal they were doing with your son. Financing a car is a big process between dealer and bank.
