I think I got scammed, what to do? Advice?

Razor1289

Member
Apr 5, 2003
34
0
0
Hello, long time reader of Anand forums but I post sparingly.

I am a first time car buyer, and after 3 weeks of researching and after visiting various Chevrolet dealerships, I recently bought a 2013 1LT Camaro with navigation and crystal red metallic tint coat premium color as the only additional options on July 18th at a dealership nearby.

Backstory (be warned, wall of text):

I walked in on July 18th at around 5:30pm and started negotiating with the salesperson. He offered me the sticker price of $29,185 initially. I then promptly mentioned that I am negotiating out the door price only. He asked me if I can prove to him and his manager that I am serious about buying the car by giving him a credit card to show to his manager, to which I complied. After some back and forth between me, him, and his sales manager, he offered me $28,480 out the door and wrote it down in a piece of blank paper. I compared it to my online research (Edmunds, TrueCar, carsdirect etc…) on prices for this car as well as the prices I was given at other dealerships and found it to be the best deal out of all of them and agreed to take it.

So they get the car ready, and at this point no finances or a detailed breakdown of the cost has been discussed yet. He asks me if I want to leave with it tonight and I said if possible, yes. He then asks me how much I was going to put on the down payment and I told him $12,000, but I also mentioned we did not have the bank check at the time and we would probably need to come back. He said it was fine and I could drive it out tonight if I put down just $500 and come back with $11,500 on Saturday, to which I complied.

So 30 minutes later we then talk to the Finance person since I needed to take out a loan to cover the rest of the cost. This was already late into the night and in good faith I signed all the papers (lol huge mistake). Moments later I was given the key, a duplicate key, car manual, window sticker, warranty booklet, and a paper that has my Onstar Subscription Confirmation. I was NOT given a copy of the Purchase Agreement that broke down all the costs in detail. Being a first time car buyer I did not know what other documents I was supposed to be receiving, and off I drove home with my Camaro. We came back on Saturday July 20th with the rest of the $11,500 down payment. He gave us a packet that listed our loan information and financial obligations (titled Retail Instalment Contract – Simple Finance Charge). With my busy schedule I wasn’t able to review it until 4 days later and that’s when I noticed the numbers were definitely not what we agreed on, however we don’t know the complete breakdown of it since the Retail Instalment Contract doesn’t list all the costs and misc. fees that went into the car.

On Saturday July 27th I went back to the dealership and requested the Finance person I was working with to break down the cost for me in detail. He then tells me that my files/folders were locked and that he would give me a call on Monday when it is unlocked. Monday rolls by, no calls, I give a call on Tuesday, he wasn’t in and the person I talked on the phone with took my name/number/message and was told he’d call me back Wednesday morning. Wednesday and Thursday rolls by and nothing. I went back to the dealership on Friday July 2 and requested the same Finance person to open my files and folders, (specifically the Purchase Agreement) so we can review it. I took a look at it and the Total Amount came out to be $32,765.77.

I ask him about our $28,480 out the door agreed on price and he just looked at me and was pretty much like LOLWUT? He asks us for proof of this and I have none, so I asked him for the salesperson that I negotiated with for the price. He comes, I ask him what our agreed price was that night of negotiation and conveniently he doesn’t remember, so we spent the next hour or so going back and forth with the he-said she said bull because we have no proof of our verbal agreement. He then asks us why we did not notify them right away of the discrepancy in price and I told him I was not given the breakdown of the cost (Purchase Agreement) when I drove out with the car on July 18th. In fact I was not given any copies of financial details until the Saturday we went back with the down payment. Furthermore my calls were never returned when I tried to contact the dealership. He insists he gave it to us the night I drove out with it, and I know for a fact that he didn’t. He continues to then suggest that I threw it and pretty much implied that I'm a liar.

So then the conversation degrades back to this he-said she said crap and the owner of the dealership gets involved. I requested my copy of the Purchase Agreement since they never gave it to us, he proceeds to tell me that they did give me a copy of it (false) and was very hesitant about giving this paper to me. He then makes a photocopy of his original copy to give to me because apparently he’s such a nice fucking guy that he’d do it as a courtesy. He further says that “We don’t have to give you a copy, or do this at all, but we are.” I’m just sitting there going LOLWUT?! I stated that it’s my right as a consumer to know what I’m buying and they’re just sitting there shaking their heads and practically going LOLNOPE.

I threatened to call the BBB and consumer protection agencies, somefuckinghow the Finance person (who I physically estimate to be in his late 30’s or very early 40’s) with his boss and their salespeople nearby, took this as a physical/death threat and then threatened to call 911, the police, and obtain protection/restraint against me LOL (I’m 5’7, 155lbs, he’s a bit taller than me but twice my size). The entire time I was there I never got up, always stayed sat on my seat and calm. My mother was also there with me this entire time. At this point She became increasingly frustrated at the entire ordeal, she got up from her seat and started raising her voice at them. The Finance dude apparently felt physically threated by my mom (who is 55 years old, about 5’2) that again he boldly stated he was going to call 911/police (to which he didn’t).

At this point I found all this to be utterly ridiculous and took the copy of the Purchase Agreement and just left.

Other not so fun facts:
• The sticker price that is physically in my hands right now state the Vehicle Price is $29,185 without taxes, fees, rebates, or anything. On my Purchase Agreement the Vehicle Price is $31,064 without taxes, fees, rebates, or anything. Somehow the price magically went up and they sold it to me at an increased price?
• One day prior to my purchase of this car, I was at another Chevy dealership and I was offered the same car, but with ALL the upgrades except for sunroof, for ~$30,000 out the door. Kicking myself now for not taking that deal.

Anyways to conclude this, I will be filing a complaint to the BBB and to GM/Chevy.

So now I ask you guys for advice. Is there any hope of recouping some money back? What else can I do in addition?


Thanks!
 
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nerp

Diamond Member
Dec 31, 2005
9,866
105
106
Hit up Chevy/GM corporate. Find a lawyer friend to start sending certified letters. This is why when I bought my last car or make any sort of purchase like this, I slap down a digital voice recorder as soon as I walk in and say "i'm recording all this, by the way, just so you know."

I also make the person tell me their full name and I have them agree the time/date/place we're sitting.

A lot less "checking with the manager" that way.
 

Soundmanred

Lifer
Oct 26, 2006
10,784
6
81
One day prior to my purchase of this car, I was at another Chevy dealership and I was offered the same car, but with ALL the upgrades except for sunroof, for ~$30,000 out the door. Kicking myself now for not taking that deal.

They would have screwed you too, if you gave them the chance. :(
 

Zenmervolt

Elite member
Oct 22, 2000
24,512
21
81
With my busy schedule I wasn’t able to review it until 4 days later and that’s when I noticed the numbers were definitely not what we agreed on, however we don’t know the complete breakdown of it since the Retail Instalment Contract doesn’t list all the costs and misc. fees that went into the car.

So, you signed a contract without reading it? Brilliant. A close second is driving the effing car home before signing everything. Seriously, who the hell thinks it's a good idea to drive the car off the lot before even giving over the complete down payment?

So now I ask you guys for advice. Is there any hope of recouping some money back? What else can I do in addition?

Aside from making enough of a media stink that the dealer voluntarily allows you to renege on the contract that you signed there's not much you can do. Of course, given that you're apparently too busy to read a contract before signing it I doubt you have enough free time to mount a media campaign. You signed the contract, you're stuck. BBB isn't going to give a crap and neither is GM Corporate. What they have is a signed contract where you agree to pay $32,765.77 and no proof of any other agreement. From their perspective you look more like the scammer than the dealership does.

Essentially you just paid a lot to learn a very basic lesson: Don't sign shit without reading it first. I hope the time you saved from not reading the contract was worth the ~$4,300 because you're not getting that back.

ZV
 

DarkManX

Diamond Member
Feb 1, 2000
3,796
2
76
Never ever ever take a car home before reviewing and singing all the important financial paperwork, there are so many ways for them to bone you. You talked about borrowing the rest of the money, do you even know what your interest rate is at this very moment? I wouldn't be surprised if they put you in like a 12% APR.
 

Dr. Detroit

Diamond Member
Sep 25, 2004
8,170
634
126
Chock this one up as a $2,700 loss -

Move on - nothing the BBB or anyone else will do for you. You are to blame as you did not read the contract - I bet you never again for the rest of your life do not read the contract before signing it.
 

homercles337

Diamond Member
Dec 29, 2004
6,345
3
71
So, you signed a contract without reading it? Brilliant. A close second is driving the effing car home before signing everything. Seriously, who the hell thinks it's a good idea to drive the car off the lot before even giving over the complete down payment?

How does one even drive the car off the lot without insurance?
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,591
5
0
As others have stated you offered the dealer a chance for extra $$ because if your impatience and lack if detail.

At best, you could have just been out $500 (initial payment) had you looked at the paperwork when you delivered the rest if the $1500 agreed to and they refused to amend the paperwork.

$4k for 10 minutes. You must have a heck of a good job for your time to be worth that much.
And if it is, why are you quibbling over 19 minutes of time. You could be out lining up million dollar deals.
 

DominionSeraph

Diamond Member
Jul 22, 2009
8,391
31
91
You talked about borrowing the rest of the money, do you even know what your interest rate is at this very moment? I wouldn't be surprised if they put you in like a 12% APR.

Hell, it looks like they got him to finance the whole thing. How much you wanna bet there's a penalty for prepayment which his $11,500 "first payment" just tripped?
 
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sze5003

Lifer
Aug 18, 2012
14,184
626
126
I would never agree to sign anything without reading a contract at the dealership. That huge line of text you are asked to look at and sign, above that states the vehicle and price you have to pay or finance.

Since you mentioned financing they tacked on whatever fees they could too. And you agreed to put 500 and come back with 11k the next day after you already signed. My Mazda dealership had a 14 day return period that if I didn't like the car I could bring it back and the loan would be cancelled. I would get a percentage of the down payment back but not all of it.

No need to read the 30 pages of small text there but at least look at the first couple of pages which mention the price breakdown. What exactly did you sign?

They took the 28,400 they said you were going to get and added dealer fees to it. Financing fee, bunch of other crap. I saw this happening when I went to a dealer to ask about a motorcycle. Sure the sticker and agreed price don't look so bad, but there is setup fee, handling fee where they roll the bike out to the outside, some other fees. Mainly all bikes in the floor had gas and fluids and batteries but they still charge you $500 for each of those "fees". That's why I said screw buying from dealers. By the time you are out the price is a couple grand more.
 
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dbk

Lifer
Apr 23, 2004
17,693
10
81
What did you actually sign in the finance office? Didn't you look at it? At least at what the out the door price would be?? I'm confused here.

When I bought my Accord, we agreed to $23k out the door and the salesman brought me one piece of paper which was an agreement to purchase the vehicle at $23k.. It wasn't necessarily itemized but the final total confirmed that the total price would be $23k.

Then later when I signed the documents in the finance guy's office, it was itemized in more detail (taxes, fees, etc) and the bottom line matched the agreed upon $23k along with how much I was downpaying and financing (with the rate).

As far as what you can do now... I'm not quite sure because you signed all the documents. I think it's all over at this point. I suppose you can file with the BBB and put out some harsh reviews. You should've had your guard up as soon as you set foot in the dealership. I negotiated most of the sale over the phone. I was in an out in 2hrs (and it was the last day of the month).
 
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_Rick_

Diamond Member
Apr 20, 2012
3,935
68
91
It's a scam, and you cannot be held liable for signing something which unexpectedly contains a different value, than the verbal agreement.

On the other hand, it's a difficult situation to make a case. Go to the police and report it. See where that gets you.
 

Vaux

Senior member
May 24, 2013
593
6
81
Congrats on the new Camaro... I have one too. I don't think there is much you can do with all the paperwork signed and several days later. Email GM and stuff, make a stink if you can but I don't know if it will get you anywhere. And yeah I know that there are shady dealers out there that may try to scam people like this, but it really could have just been a mistake on their part. It does happen.

At this point I would probably just try to forget about it and just enjoy the new car.
 

DominionSeraph

Diamond Member
Jul 22, 2009
8,391
31
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you cannot be held liable for signing something which unexpectedly contains a different value, than the verbal agreement.

It expectedly contains the same value that's on it. He agreed to it in writing.
Also, the salesperson likely isn't even authorized to enter into contracts on the dealership's behalf. Anything he says is subject to approval.
 

Harrod

Golden Member
Apr 3, 2010
1,900
21
81
Post all of that on Google reviews and name out the sales person in the review and also the finance guy. Be sure to use just the facts and none of your opinions.
 

PhoKingGuy

Diamond Member
Nov 15, 2007
4,689
0
76
This really happens? This is why I always deal with Fleet Sales managers instead of the slimeballs on the show floor. Never have had anything but a positive experience.

Except for Ford, but their dealers are by in large shit.
 

Mermaidman

Diamond Member
Sep 4, 2003
7,987
93
91
What they did is ethically wrong, but you can't prove any legal wrongdoing. Car dealers (not just Chevy, in case that's what you're thinking) love to sell to people like you. Didn't you do any research on buying cars? You fell for a few classic traps:
  • No written quote referencing the exact vehicle
  • Negotiating late in the day, when you are tired and in a rush
  • Not using the lateness of the day to your advantage. (Tell them to make a deal before they close. Or else you are leaving.)
  • Signing documents that you didn't read or understand (Seriously?)
  • Not being stubborn; not standing your ground. WTF is that crap about your documents being locked away and they can't access it? LOL!

I really hate it that you were victimized. Give us the name of the dealership, and perhaps Internet justice will be meted! :twisted:

Technically speaking, I don't think you were 'scammed.'
 

olds

Elite Member
Mar 3, 2000
50,059
719
126
You are basically hosed. Next time, read what you sign.
 

_Rick_

Diamond Member
Apr 20, 2012
3,935
68
91
It expectedly contains the same value that's on it. He agreed to it in writing.
Also, the salesperson likely isn't even authorized to enter into contracts on the dealership's behalf. Anything he says is subject to approval.

Doesn't matter. Contract law is such, that you cannot say one thing, and then give them something else to sign, implicating that it's the same.
The notion of "reasonable expectation" is key to this kind of issue.
 

WackyDan

Diamond Member
Jan 26, 2004
4,794
68
91
Next time take some time. You rushed into, and it sounds like you are pretty naive on the whole process of buying a car from a dealer game. You walked in and didn't even make them work for it - painted a big bulls eye on yourself that said "sucker".

It is your fault. Dealer may not be most ethical, but at the end of the day, this one is completely on you.
 

Zenmervolt

Elite member
Oct 22, 2000
24,512
21
81
Doesn't matter. Contract law is such, that you cannot say one thing, and then give them something else to sign, implicating that it's the same.
The notion of "reasonable expectation" is key to this kind of issue.

Dear god, just stop. You're beyond wrong here.

When a contract has been reduced to writing as a signed instrument and the signed instrument is unambiguous on its face a court will look only within the four corners of the document for guidance on how to interpret the terms of the contract. Where the document has no ambiguities (meaning that the terms presented in the document are clear on their face and are not inherently subject to varying interpretation) the parol evidence rule prohibits parties to the contract from introducing extrinsic evidence that contradicts the terms of the written instrument.

Absent some form of fraud in the inducement an executed writing that was intended to be a final expression of a contract will control regardless of preceding oral discussions. Fraud in the inducement would require affirmative misrepresentations as to the content of a document as well as a lack of an opportunity to inspect the document; earlier oral dickering with a salesman, standing alone, isn't going to suffice to meet that standard.

ZV
 
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olds

Elite Member
Mar 3, 2000
50,059
719
126
Dear god, just stop. You're beyond wrong here.

When a contract has been reduced to writing as a signed instrument and the signed instrument is unambiguous on its face a court will look only within the four corners of the document for guidance on how to interpret the terms of the contract. Where the document has no ambiguities (meaning that the terms presented in the document are clear on their face and are not inherently subject to varying interpretation) the parol evidence rule prohibits parties to the contract from introducing extrinsic evidence that contradicts the terms of the written instrument.

Absent some form of fraud in the inducement an executed writing that was intended to be a final expression of a contract will control regardless of preceding oral discussions. Fraud in the inducement would require affirmative misrepresentations as to the content of a document as well as a lack of an opportunity to inspect the document; earlier oral dickering with a salesman, standing alone, isn't going to suffice to meet that standard.

ZV

Lol. I was going to tell him to stfu too but not as eloquently
 

BUTCH1

Lifer
Jul 15, 2000
20,433
1,769
126
Doesn't matter. Contract law is such, that you cannot say one thing, and then give them something else to sign, implicating that it's the same.
The notion of "reasonable expectation" is key to this kind of issue.

As the contract signer he's obligated to READ it before signing it, otherwise the salesperson is just gonna say "I never quoted him that price" and you have no way of disproving that.