No title after nearly two months. Not the manager's fault or his problem. Manager was abrasive and used foul language. Disputed return timeframe.
July XX XXXX purchased a 2012 Toyota Corolla VIN# XXXXXXXXXXXXXXXXX.
Verbal and handwritten proposal granted $4000 tradein value for 1998 Dodge Ram pickup. Actual contract shows value of $1000. Salesman ***** ********
Agreement for $500 cash down. Verbally told that we could write two checks at $250 each and they would be submitted on the 15th and 30th. Both checks were presented within a few days, and paid.
Manager **** **** reimbursed the $500. When questioned about the tradein value, he verbally said that the truck was surely worth at least $2000, and generated an agreement to refund us the difference of $1000 after 90 days, as we made payments.
We contacted the dealership on August 25, because the temp tag expired on the 26th, and we had not received any title paperwork. We were told that title work would be in "any day".
We were also advised that it would be okay to drive the car with the tag expired. Fortunately, we checked with the BMV before we made that mistake. The dealership also told us that they COULD NOT issue a second temp tag. According to a BMV clerk, (sorry didn't get the name) a dealership CAN INDEED issue a second temp tag.
On September 9, I invoked Indiana Code Section 9-32-4-1, and made in writing a demand for title within ten days. On September 20, I returned the vehicle to the dealership and got an argument about ten days vs. ten business days, and they still had one day left.
However, they did not expect the title by then either.
They were unable to return our tradein due to having already sold it. ( it was our understanding that it COULD NOT be sold until we had the title papers for the car )
Manager **** **** was abrasive with my wife and I and essentially told us that none of this was his fault or his problem. Also that our truck had been sold at auction for $700 and that would be all we were likely to get.
My wife had to decline the job she had planned to start because the car could not be used. Mr. **** snidely suggested she could have carpooled.
He said we should expect to hear from him Monday with actual numbers regarding reimbursement. When I attempted to hand him the key, he directed me to place it on the desk, which I did.
We feel that we have been lied to and taken advantage of from the start.
The approximate bluebook value of the tradein plus the expense of insuring the car for two months.
Business' Initial Response
We apologize for any action we have taken that did not demonstrate our concern for this customer and our desire to treat every customer with absolute professionalism. This entire situation was caused by FedEx who lost several of our titles to vehicles. We have a letter of apology from FedEx but that certainly does not allow for us to comply with the State of Indiana's requirement to timely provide title to the customer.
Our "Vehicle Agreement" addresses this type of occurances, legally. The customer agreed to an amount for the trade-in on this documnet. The exact wording on the document is: "OVER ALLOWANCE ON TRADE-IN: Seller may have allowed Buyer a trade-in credit in excess of the actual cash value (ACV) of the vehicle traded in on this trasaction. This is a method of discounting the purchase price. IF THIS TRANSACTION IS RECINDED, and the trade-in vehicle cannot be returned to the Buyer, Seller shall refund to the Buyer the amount equal to the ACV of the vehicle as determined by the Seller at the time of the sale."
Obviously, we have an agreement with this customer in place in writing for this situation.
It is our desire to be very concerned for our customers and to be more than fair in all situations.
We will pay this customer $1200 for the trade-in that could not be returned. The trade-allowance on the "Vehicle Agreement" was $1000. We are agreeing to pay another $200 as a good-will gesture.
The customer can let us know whether they want us to mail a check or pick-up at check at our home office at 7720 E. Division Street, Evansville, Indiana 47715.