Any Lawyers Out There?

[OUTLAW1300]

Need some legal advice.

I traded in my car for a new one. The dealer is supposed to pay of my old loan completely to get the title to my old car so that they can sell it on their car lot. Problem is, is that they DID NOT pay off the entire old loan. 2 weeks after trading in my car, I find out that there is still a $500 remaining balance. The dealer said they thought they had paid off the loan completely… They (the dealer) said that they got the wrong pay-off quote from the bank when they did all the paper work. Well, the bank says it’s not their problem. We (the dealer and I) tried to put the remaining $500 balance on the new loan, but it’s too late. The new loan is already closed. Now the dealer is pissed off at me because they are not getting the title to my old car. They call me 2-3 times a day telling me to hurry up and pay of the balance so they can get the title.

It will take me 2-3 months (or longer) to pay off this balance. Is there something I can do legally or just pay off the balance slowly? Problem is, is that they are not going to get the title until I pay the balance off. Can they sue me if I take too long? Thanks in advance!

 

[aussiekeeper]

They were supposed to pay off the loan. Look at your paper work. Is there an agreement for you to pay it off? Tell them to get on the stick and pay it off. It is their problem, NOT yours. Give the 5 days or seek council.

 

[jsjdjn]

They were supposed to pay off the loan. Look at your paper work. Is there an agreement for you to pay it off? Tell them to get on the stick and pay it off. It is their problem, NOT yours. Give the 5 days or seek council.

+1

 

[aussiekeeper]

In addition, in most states, the DMV has legal juristiction over licensed dealers. Call the DMV or the state licensing authority.

 

[Fastfrog007]

Park your old car in the showroom and set it on fire!!

 

[racerV]

Check your loan documents, there will be a line that indicates what they are going to pay to pay off your old car. If it ended up being more than that amount, it is your responsibility to take care of it. I had it happen to me before, but I have also had money come back because they paid too much. It works both ways and you probably signed a form stating that you would pay the extra if there was any.

 

[outlawbusa]

Just a guess, but there might have been a fee or something that may not have been showing on the paper work at the time

Stinks either way~!~

 

[TIMMYDUCK]

That is there accounting error not yours.

There mis-information (wrong pay-off amount) is the only thing holding up the title.

If they want it they pay not you.

Although it is your name on the loan and credit reports still.

 

[brpo]

You need to look at the dealer sales agreements. The boiler plate language. If the dealer stated that they would take your trade with a "not to exceed" (NTE) dollar amount payoff - then its probably you responsiblity. However I don't think they'll go to court for $500 dollars. Any lawyer would cost more. They could take you to small claims court but that's usually skewed toward the little guy. You in this case. If there is no NTE dollar language then it would be their responsibility to pay the remaining amount - being that it was a lack of due diligence on the dealers part. You also probably signed a power of attorney so they could go to the DMV and do this paperwork (assigning the title/registration once the title was released) on your behalf. As stated above they don't have proper title to the car and you are still on the hook with respect to your credit rating (and maybe the remaining amount) - so its probably in your and their best interests to split the remaining amount dispose of this situation.

 

[B@DA$$08BUS@]

Clearly their issue. Tell them to contact the bank the next time they call you. My wife is an attorney, she does not deal with that type of crap, but I am sure out of the 14 plus attorney's in her office someone will know. I wiLl PM u the info on monday.
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[dadofthree]

Check your paper work, bill of sale. This should clear up the matter for you.

 

[B@DA$$08BUS@]

Talked to the wifee today about it. She said you or an attorney would need to check/read over your paperwork VERY thoroughly!!