is there a legal grace period a dealer has to pay off your trade within?

blacksail337 · 09-15-2009, 05:54 PM

traded in a car over 3 weeks ago and got my 335 and find out today they still have not paid my car off?!

so the bank thinks i missed my payment last month, which is sure to go on my credit

i called the bank to notify them and they acted like it was between me and the dealer

wtf?

Spec 1 · 09-15-2009, 06:21 PM

sounds like you should be calling the dealer instead of posting on the interweb.

persian54 · 09-15-2009, 08:20 PM

if it hurts your credit sue them for damages

Spec 1 · 09-16-2009, 01:43 PM

Quote:

Originally Posted by persian54

if it hurts your credit sue them for damages

Yea, that's cost effective for a single missed payment

kyleb350 · 09-16-2009, 02:21 PM

Well the damages you could sue them for wouldn't just include your missed car payment. You could have a fancy lawyer calculate the extra money you'd be spending on higher interest rates due to your poorer credit score.

Ochmonek · 09-16-2009, 03:51 PM

Quote:

Originally Posted by blacksail337

traded in a car over 3 weeks ago and got my 335 and find out today they still have not paid my car off?!

so the bank thinks i missed my payment last month, which is sure to go on my credit

The bank KNOWS you missed the payment.

Quote:

Originally Posted by blacksail337

i called the bank to notify them and they acted like it was between me and the dealer

wtf?

Exactly right. Your loan was between you and the bank. Ultimately, it's your responsibility to pay it off.

FStop7 · 09-16-2009, 04:12 PM

Correct, it is your responsibility.

If I were you I'd make a payment ASAP. The dealer will pay the amount originally agreed upon and the overage will be sent to you by the lienholder in the form of a check. They'll also send you a letter that officially declares the loan to have been paid in full.

Whenever you trade a car you should always plan on having to make another payment or two on it, after the fact.

UncleWede · 09-17-2009, 12:21 PM

I'd contact the DA right after you speak to the dealer.

A few years ago my sis-in-law asked for help on a purchase. She was upsidedown on a used Ugly Duckling because they were charging her something like 25% interest. She asked us to co-sign, but it made more sense to buy new in our name and have her make the payments. We traded in her ugly duckling and the dealer was supposed to pay it off, but tried to use some loophole and then declared bankruptcy. It was more than two years and a criminal trial before the dealer finally paid off the duckling. Not that my sis-in-law had good credit, but the phone calls and collections got to be a real pain in the ass since she was living with us as well.

Sal@AUTOcouture · 09-18-2009, 11:29 AM

unfortunately, this is not uncommon. Having worked in auto sales for the last 4+ years, it happens all the time. There's lots of stuff going on in accounting and stuff gets misplaced/ overlooked. Your best bet to get this done quickly and efficiently is to call up the dealership and speak to the sales manager/ finance manager, etc. DO NOT LEAVE A MESSAGE bc chances are that you won't get a call back. Tell them about the situation and it'll get handled.

09-15-2009, 05:54 PM	#1
blacksail337 Private First Class 54 Rep 190 Posts Drives: 07 335xi Join Date: Aug 2009 Location: fredericksburg, va iTrader: (0)	is there a legal grace period a dealer has to pay off your trade within? traded in a car over 3 weeks ago and got my 335 and find out today they still have not paid my car off?! so the bank thinks i missed my payment last month, which is sure to go on my credit i called the bank to notify them and they acted like it was between me and the dealer wtf?
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09-15-2009, 06:21 PM	#2
Spec 1 Faster in the Corners 58 Rep 1,062 Posts Drives: '91 E30, '05 ZX6-R, '06 300C Join Date: Jul 2008 Location: Portland, OR iTrader: (0)	sounds like you should be calling the dealer instead of posting on the interweb. __________________ '91 M42 E30 - All sorts of goodies.
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09-15-2009, 08:20 PM	#3
persian54 Lieutenant General 978 Rep 15,816 Posts Drives: M760/G83M4 Join Date: Jun 2009 Location: The Valley, SoCal iTrader: (298)	if it hurts your credit sue them for damages
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09-16-2009, 02:21 PM	#5
kyleb350 Brigadier General 429 Rep 4,709 Posts Drives: '21 X3MC Join Date: Jun 2008 Location: Milwaukee iTrader: (6)	Well the damages you could sue them for wouldn't just include your missed car payment. You could have a fancy lawyer calculate the extra money you'd be spending on higher interest rates due to your poorer credit score.
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09-16-2009, 04:12 PM	#7
FStop7 I like cars 344 Rep 5,051 Posts Drives: M6 Join Date: Oct 2008 Location: Newbury Park, CA iTrader: (3)	Correct, it is your responsibility. If I were you I'd make a payment ASAP. The dealer will pay the amount originally agreed upon and the overage will be sent to you by the lienholder in the form of a check. They'll also send you a letter that officially declares the loan to have been paid in full. Whenever you trade a car you should always plan on having to make another payment or two on it, after the fact. __________________ My photostream: http://www.flickr.com/photos/racelap/
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09-17-2009, 12:21 PM	#8
UncleWede Long Time Admirer, First Time Owner 18526 Rep 9,432 Posts Drives: G01 X3 M40i Dark Graphite Join Date: Jun 2005 Location: Oxnard, CA iTrader: (0)	I'd contact the DA right after you speak to the dealer. A few years ago my sis-in-law asked for help on a purchase. She was upsidedown on a used Ugly Duckling because they were charging her something like 25% interest. She asked us to co-sign, but it made more sense to buy new in our name and have her make the payments. We traded in her ugly duckling and the dealer was supposed to pay it off, but tried to use some loophole and then declared bankruptcy. It was more than two years and a criminal trial before the dealer finally paid off the duckling. Not that my sis-in-law had good credit, but the phone calls and collections got to be a real pain in the ass since she was living with us as well.
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09-18-2009, 11:29 AM	#9
Sal@AUTOcouture 746 Rep 10,100 Posts Drives: E93 M3, E36 M3 Join Date: Feb 2007 Location: Sofla iTrader: (30)	unfortunately, this is not uncommon. Having worked in auto sales for the last 4+ years, it happens all the time. There's lots of stuff going on in accounting and stuff gets misplaced/ overlooked. Your best bet to get this done quickly and efficiently is to call up the dealership and speak to the sales manager/ finance manager, etc. DO NOT LEAVE A MESSAGE bc chances are that you won't get a call back. Tell them about the situation and it'll get handled.
	Appreciate 0 Quote