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Car dealer screwed up my interest rate...

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Originally posted by: tfinch2
Just tell them you are bringing the car back.

Yep. This is classic "bait and switch". Although OP has already took the bait and ran off with it. No switheroo allowed here.
 
If they are serious and your original signed deal is now being represented as meaningless, I say take them at thier current word, and there is no deal. Take the car back and don't deal with them at all for anything. There is no point making a deal with someone who won't honor a signed, countersigned, and notorized contract. This sounds like it will only be the beginning if you try to deal with them.

They should have be embarassed to let you know they made such an error, and if they're not, they're used to it.


Jim
 
Assuming this is bait and switch, wouldn't they be very likely to give the OP the original terms if he threatened to call the whole thing off?
 
Originally posted by: Regs
Originally posted by: BoomerD
There are always "escape clauses" in financing contracts, (every state is different), so they MAY have the right to cancel the sale over this, and force you to return the car and refund your money. Unfortunately, NJ's state website isn't very search-friendly, and the only thing I could find is this:
http://www.consumeraffairs.com/news04/2005/nj_dealerships.html
There should be a state agency you can call to get a definitive answer.

And what happen if the car got stolen from now and then? Since the car is not my property but in my possession....

I'm confused.

They say their bank won't honor the contract since the money is coming from them. Though like jpeyton if they really wanted to sell the car they can offer me something on better terms.

They are LIARS. Why would the bank care if you got a rebate?
 
You must keep us updated with how this turns out. I'm in favor of taking to them and taking your business elsewhere. Do you really want this to be the place that makes money off of servicing your car for the next few years?
 
Originally posted by: mugs
They are LIARS. Why would the bank care if you got a rebate?

usually factory finance specials are either financing or the rebate, not both.




anyway, they're most likely lying, in which case i would call the cops and have some gun n' badge roll up.




Originally posted by: getbush
You must keep us updated with how this turns out. I'm in favor of taking to them and taking your business elsewhere. Do you really want this to be the place that makes money off of servicing your car for the next few years?

since when do you have to go to the dealer you bought your car at to get service?
 
It will likely be a win-win for them.

I went at the end of the month and got them to go from 24000 to 19000. They needed to make the sales qouto of 8 more cars for the end of month for bonuses and perks from Mazda.

So they likely met their qouto and if they get their car back they could sell it to someone at 22000+ next month and still keep their bonus.

If I go back and re-sign with my bank I can keep the 1,000 rebate and get a 3.9 from my credit union. Though that will mean they could likely pull more stunts if I re-opened terms and another contract.

I can keep the car at 3.9 plus the - 1,000 rebate from Mazda with added hastle or give the car back and start from square one. Though I'm sure they'll still try to make a sale no matter what.

 
Originally posted by: ElFenix
Originally posted by: mugs
They are LIARS. Why would the bank care if you got a rebate?

usually factory finance specials are either financing or the rebate, not both.




anyway, they're most likely lying, in which case i would call the cops and have some gun n' badge roll up.




Originally posted by: getbush
You must keep us updated with how this turns out. I'm in favor of taking to them and taking your business elsewhere. Do you really want this to be the place that makes money off of servicing your car for the next few years?

since when do you have to go to the dealer you bought your car at to get service?

how many cars do you think they sell a day? you think they just happened to be finally aware of this rule? FYI i read something where this month american car companies are having a special rebate where you get both rebate + low apr.
 
OP, you have the choice whether to sign a new contract or not. If you refuse, they have two options, let you out of the deal, or make the original deal good. It may very well be, that either the sales manager, or the finance person, misunderstood the program, giving you both the special interest rate, as well as the rebate.

The problem, is, if this is factory financing, and there was infact a mistake, the lender is not gonna fund that deal. What I mean, is the dealer is not going to get paid, making it a deal breaker, unless you re-sign. Looks to me like you are out of the deal, if you want to be.

That said, now you have a decision to make, rewrite at their terms, or return the vehicle. Their out, is in the fine print. All car deals are subject to lender's approval, regardless of whether both you, as well as the dealer have signed the contract. If a deal cannot be approved at the special interest rate and rebate, they can back out.

The funding department will catch a non qualifying rebate and reject the contract back to the dealer. Here is something else you might need to know. If your credit union will match that rate, all you need to do is go to the dealership with a check in hand from the credit union, and tell them you wish to pay off your balance. They must accept this.
 
Why do you need to bother with this at all? They signed a contract, you signed it. If they made a mistake, tough sh!t for them. Do you think if you made a mistake and they hosed you, they'd let you come back and change your mind? Just tell them to pound sand. You are keeping the car and paying what you agreed to pay in the contract. Plus tell them further contact on this matter will be considered harrassment.
 
Originally posted by: compuwiz1
OP, you have the choice whether to sign a new contract or not. If you refuse, they have two options, let you out of the deal, or make the original deal good. It may very well be, that either the sales manager, or the finance person, misunderstood the program, giving you both the special interest rate, as well as the rebate.

The problem, is, if this is factory financing, and there was infact a mistake, the lender is not gonna fund that deal. What I mean, is the dealer is not going to get paid, making it a deal breaker, unless you re-sign. Looks to me like you are out of the deal, if you want to be.

That said, now you have a decision to make, rewrite at their terms, or return the vehicle. Their out, is in the fine print. All car deals are subject to lender's approval, regardless of whether both you, as well as the dealer have signed the contract. If a deal cannot be approved at the special interest rate and rebate, they can back out.

The funding department will catch a non qualifying rebate and reject the contract back to the dealer. Here is something else you might need to know. If your credit union will match that rate, all you need to do is go to the dealership with a check in hand from the credit union, and tell them you wish to pay off your balance. They must accept this.


I see why they gave you elite status. I got on the phone again with him (the finance manager is 24) and they said that their bank or lien holder wouldn't honor the contract so it would be a deal breaker. In legal terms this creates unnecessary hardship on them because they won't get their money for their car.Now if I couldn't pay the loan due to bad credit I could also get out of the deal thanks to NJ state law so it would work both ways.

New terms it is then.
 
If you really want to keep the car I would first try and see if your CU will match the rate, if so take the check to the dealership and as another poster stated they are obligated to take it. If your CU won't match the rate, then go to the dealership(after a long joy ride)and remind them this was their mistake and tell them your willing to forego the rebate if they will split it with you and come off the price of the car another $500. If they get snitty, let them keep the car.

Remember that you have the leverage at this point, and don't feel bad about putting the screws to them. They make a living off of doing it to other people🙂
 
Originally posted by: Regs
It will likely be a win-win for them.

I went at the end of the month and got them to go from 24000 to 19000. They needed to make the sales qouto of 8 more cars for the end of month for bonuses and perks from Mazda.

So they likely met their qouto and if they get their car back they could sell it to someone at 22000+ next month and still keep their bonus.

If I go back and re-sign with my bank I can keep the 1,000 rebate and get a 3.9 from my credit union. Though that will mean they could likely pull more stunts if I re-opened terms and another contract.

I can keep the car at 3.9 plus the - 1,000 rebate from Mazda with added hastle or give the car back and start from square one. Though I'm sure they'll still try to make a sale no matter what.

Whats a quoto?
 
Just walk away. Get ALL yhour money back and then give them the keys. Don't fall for their BS.

Take the deal you got and go to another dealer. I am sure they will at least match it. Just go the last week of the month.
 
This is the #1 scam on Car Buying Tips.com.......quoted for your reading pleasure:

Scam #1: The Financing Fell Through Scam (Spot Delivery Scam)
How the scam works: This is the oldest trick in the scam book, increasing in 2005. Lots of people complain about to us about this scam. You buy a new car, the "LieNance" manager says you got a low APR, hands you the keys, and you drive home. (Not all finance managers are LieNance managers, just the ones who lie, so salespeople stop whining to me about this name I made up for the few bad apples). Two weeks and 500 miles later, the dealer calls you saying "Sorry, you didn't qualify for that low interest". This is where "subject to financing" clauses on contracts bite you in the butt. Everyone thinks that you sign papers it's a done deal. The dealer knew exactly what you qualified for before you signed, unless you lied about your income.

They knew your credit score. If it's above 680, you'll get a low APR. If it's below 680, expect a higher APR. Your credit union will print your credit history and approve you in 10 minutes. I got approved instantly online with Capital One Auto Finance. So why the problems with the dealer's Retail Installment Sales Contract? There usually is no problem, it's a scam. There is a phrase on most sales contracts stating "subject to loan approval". This Jedi mind trick means: "The deal is not final, even though you signed this contract." They'll tell you that you must produce an additional $1000 AND your payments would go up. They pull this scam on people with bad credit, because it's believable. They get the least resistance from this crowd, and figure you'll just pay up somehow.

How to avoid the scam: DON'T FINANCE AT THE DEALER if you have bad credit. Line up your own financing and compare to dealer's financing. Read our chapter on How to finance your car or use online car financing or your credit union instead. By using your own financing, you won't endure monthly payment scams, and the deal will be based on the selling price of the car, not monthly payments. If they start negotiating the car by monthly payment, it's time to leave. If they keep trying to shift your APR up or down depending on whether you buy a warranty or VIN etching, it's time to leave. But if you do finance through a car dealer, leave a deposit on your credit card, and do not take delivery of the car until the loan has been approved in writing a few days later. Then you know the lender has approved your loan. The dealer hands you the keys and say it's all right to drive off right now with the car, but don't do it. For buyers who lease, dealers sometimes call you a week later and claim they "made a mistake and you need to come back and sign a new contract." WRONG. Your lease is a contract, and the dealer cannot make you undo a contract. Just think, if you tried to get out of a lease, they would come after you in court right?

What to do if this scam happens to you: If you you got a good price on the car, your best solution is to preserve your deal so get your own instant financing online. If you have a credit score over 650, go online right now to Capital One Auto Finance or E-LOAN and apply online, and get approved within the hour. They will FedEx you a check the next day, you'll take it to the dealer to pay for your car, now you have a car loan, no "financing fell through!" If your score is below 650, then apply through AutoCreditFinders instead. If the dealer refuses your online check, you should try to get out of that deal. File a complaint with the Better Business Bureau at BBB.com, and file a complaint through your state's Attorney General Web site. They are all aware of Spot Delivery Scams.



Quote taken from here. LOTS of good info here on car buying.
 
Like others have said, use your leverage. If you're unable to get the same rate through your CU or other lender, then I would offer the dealership that you'll take the financing offer if they drop the extra $1000 from the sales price of the car (thus cancelling out the rebate on your end...the dealership actually takes a small hit from financing a lower amount). Do this all over the phone, so this way if they refuse you can load up on some miles before you turn it in. Also make sure they haven't already sold or otherwise gotten rid of your trade-in.
 
I had a car dealer do this to me. The bottom line is you have a signed and valid contract. It's not your fault if they made a mistake. This is often done to get you a higher payment as they will claim you can't get both the rebate and the low rate, which they knew up front. Of course you can't return the car cause your trade in is gone, etc.

You have a legal contract. Read the terms of your contract so you are familiar with them. On my contract it said, "California is a no cooling off state." Meaning that all sales are final. So I refused to resign my lease until the terms were more favorable for me.

Simplest thing to do at this point is to not return their calls.
 
This is a bait-and-switch tactic known in the car sales industry as "rolling," they got you to "roll" the car off the lot. The customer assumes the deal is complete, then the dealer calls the customer up with a "problem" with the paperwork, and the customer is told that he has to re-sign at less desirable terms.
You are under no compulsion to do so. You can (1) tell the dealership to shove it, where they could either fix the problem or ask for the car back (which they can do, but at absolutely zero cost to you), or (2) you could acquire your own financing for the vehicle.

You should definitely return their calls and resolve the situation. The problem is with the financing, not the sale itself. From the legal perspective, the dealer has not been paid. Think of it as being akin to writing a check for the car, driving the car off the lot, and then the check bounced. Obviously there is a problem. Yeah yeah the dealer wrote out the check for you and told you they'd handle it, which does saddle them with some liability beyond the bounced-check analogy, but they still have a valid legal claim.

Quick note as well: THERE ARE NO "COOLING OFF" STATES. The 3 day right to cancel or rescind contracts ONLY applies to unsolicited in-home sales (think door-to-door vacuum and encyclopedia sales) and residential mortgage refinances on owner-occupied properties. NEVER for car sales. If there was a 3 day right to cancel on car sales, then you would see me at the dealership every Friday picking up some sports car to race at the track all weekend and then return on Monday.
 
Originally posted by: ElFenix
since when do you have to go to the dealer you bought your car at to get service?

I don't know where he lives. If a person lives in a smaller area, often times the distance to the next dealer for that make may be prohibitively far away. It then becomes impractical or a pain in the ass to have to drive 45+ minutes to get your car serviced.

This counts more for foreign makes like his Mazda. Ford and Gm dealers are in every small town in America.

 
Originally posted by: Regs
It will likely be a win-win for them.

I went at the end of the month and got them to go from 24000 to 19000. They needed to make the sales qouto of 8 more cars for the end of month for bonuses and perks from Mazda.

So they likely met their qouto and if they get their car back they could sell it to someone at 22000+ next month and still keep their bonus.

If I go back and re-sign with my bank I can keep the 1,000 rebate and get a 3.9 from my credit union. Though that will mean they could likely pull more stunts if I re-opened terms and another contract.

I can keep the car at 3.9 plus the - 1,000 rebate from Mazda with added hastle or give the car back and start from square one. Though I'm sure they'll still try to make a sale no matter what.
It's not win-win for them, it's win-win for you. Either you spend a few minutes at your credit union and get 3.9% through them (and screw the sleazy dealership in the process), or you spend the next week ("I'm sorry, I won't be able to drop the car off until next Friday, due to my work schedule") putting crazy miles on the car and driving through mud and crap ensuring that they can't re-sell it as a new car. Personally, I'd forget matching the terms and just go with the latter...but I really hate most car dealers.
 
Originally posted by: JS80
Originally posted by: ElFenix
Originally posted by: mugs
They are LIARS. Why would the bank care if you got a rebate?

usually factory finance specials are either financing or the rebate, not both.

how many cars do you think they sell a day? you think they just happened to be finally aware of this rule? FYI i read something where this month american car companies are having a special rebate where you get both rebate + low apr.
i was just responding to why the bank would care.


Originally posted by: getbush
Originally posted by: ElFenix
since when do you have to go to the dealer you bought your car at to get service?

I don't know where he lives. If a person lives in a smaller area, often times the distance to the next dealer for that make may be prohibitively far away. It then becomes impractical or a pain in the ass to have to drive 45+ minutes to get your car serviced.

This counts more for foreign makes like his Mazda. Ford and Gm dealers are in every small town in America.

sometimes i forget that i live in one of the largest, most competitive car markets in the country.
 
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