strike two...
03-30-08, 12:39 AM
#1
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strike two...
what up guys.. another nooob in the house 
been lurking for awhile now.......
anyways, Ive been working with the seller on a 96 LS400 for about a week now. test drove it, and all was good.. made offer and seller(private dealer) agreed..received a copy of title and he gave me a post it with a break down on fees and total price. (no bill of sale) I know this was my 1st mistake on not asking for one..(im usually pretty good at this..) anyways when i went to credit union to fill loan paperwork and they asked for the proof of purchase or contract from this private dealer.. i then called the seller and he refused to send me this info stating that he did not want to get involved with the bank./!!!?? wt eff? i told him thanks for wasting my time, and hung up. (maybe i had it coming)
went to plan B...
checked out a 97 LS400 after lunch...pretty clean other than a golf size ding on the driverside rear qtr panel.. (took a pic with my camera phone) and a couple of scratches on the rear bumper..(took a pic of this as well with cam phone)
this LS was a little more... made offer, offer accepted...signed contract, went to bank again received cashiers check.... drove back to the dealers office only to find.... the REAR QUARTER PANEL GOLF BALL DING HAD ENLARGED TO A BASKETBALL SIZE DENT!!!????!!! I was only gone for 30 mins to pick up check from BANK! no FREEking Way...!
You gotta be kidding me.. am I on some kind of Prank Show????
man..... i almost shed a tear.. of course she acted surprised.. but then stated that she will have it fixed... I agreed as soon as its repaired I will hand over the check....she calls me back an hour later that she will dump a grand off total if i take it now and of course I refused...
heres the deal.... legally can i still be obligated to the signed purchase contract??? since the purchase contract stated "AS IS" with no remarks?
let me know what you guys think..
sorry guys i tried to upload pics from mem card in phone but to no avail...
been lurking for awhile now.......
anyways, Ive been working with the seller on a 96 LS400 for about a week now. test drove it, and all was good.. made offer and seller(private dealer) agreed..received a copy of title and he gave me a post it with a break down on fees and total price. (no bill of sale) I know this was my 1st mistake on not asking for one..(im usually pretty good at this..) anyways when i went to credit union to fill loan paperwork and they asked for the proof of purchase or contract from this private dealer.. i then called the seller and he refused to send me this info stating that he did not want to get involved with the bank./!!!?? wt eff? i told him thanks for wasting my time, and hung up. (maybe i had it coming)
went to plan B...
checked out a 97 LS400 after lunch...pretty clean other than a golf size ding on the driverside rear qtr panel.. (took a pic with my camera phone) and a couple of scratches on the rear bumper..(took a pic of this as well with cam phone)
this LS was a little more... made offer, offer accepted...signed contract, went to bank again received cashiers check.... drove back to the dealers office only to find.... the REAR QUARTER PANEL GOLF BALL DING HAD ENLARGED TO A BASKETBALL SIZE DENT!!!????!!! I was only gone for 30 mins to pick up check from BANK! no FREEking Way...!
You gotta be kidding me.. am I on some kind of Prank Show????man..... i almost shed a tear.. of course she acted surprised.. but then stated that she will have it fixed... I agreed as soon as its repaired I will hand over the check....she calls me back an hour later that she will dump a grand off total if i take it now and of course I refused...
heres the deal.... legally can i still be obligated to the signed purchase contract??? since the purchase contract stated "AS IS" with no remarks?
let me know what you guys think..
sorry guys i tried to upload pics from mem card in phone but to no avail...
03-30-08, 12:47 AM
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Take them to Judge Judy, they will leave ashamed of themselves, jk.
What a BS deal man. You leave for probably less that an hour and those cats F up the car even more.
CA folk FTL!
What a BS deal man. You leave for probably less that an hour and those cats F up the car even more. CA folk FTL!
03-30-08, 12:50 AM
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03-30-08, 07:19 AM
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I would walk - Can't imagine them holding you to it since it was damaged from the time you signed paperwork ~ especially since you have photos 
Why that first guy wouldn't write you a "receipt" is beyond me. That would have been sufficient for the credit union most likely.
Why that first guy wouldn't write you a "receipt" is beyond me. That would have been sufficient for the credit union most likely.
03-30-08, 08:56 AM
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You have an ACTUAL PIC of the damage prior to when you left. Unless I've missed something, at the time you signed the contract, you were buying the car "as is" at that very moment. What this means, IMO, is that while you were gone to arrange financing for your vehicle, someone further damaged the vehicle you had agreed to purchase.
If this had happened while you were driving the car, this would be called "an accident", and an insurance company would be involved in repairing the vehicle to "original condition". Since it happened on the dealer's lot, they were responsible for getting the vehicle back to the condition it was at the time of the contract being signed. Apparently, their body shop told the saleswoman that they might not be able to do it, and might end up making it worse, and the only way to get it back to "As is" would be to actually make it BETTER, and she figured she wouldn't be able to get more money out of you for it, meaning she'd be LOSING money on her end, which is why she offered the $1k off to take it in the "new as is" condition.
IANAL, but run, don't walk, from that woman. Head back to the dealership in a few days and look at that car. I'm willing to guarantee the dent will be fixed, and the price on it will be several hundred (if not thousands) higher than it was when you were looking at it.
The only way that woman doesn't take a hit on her commission is if she never sells it and allows the dealership to fix something that happened to the car during her sale. IMO, her behavior speaks to the treatment such a dealership is willing to accept from their salespeople, or even worse, what they aren't aware of and how their salespeople are nickel-and-diming them. It's equivalent to the office worker stealing pens and paperclips.
You better make damn sure you get a picture of what the car looks like RIGHT NOW so you have a before/after comparison, and then not only fight this if they threaten to take you to court, but COUNTERSUE or use whatever legal means are at your disposal if they try to hold you to the contract to punish them for such behavior.
If this had happened while you were driving the car, this would be called "an accident", and an insurance company would be involved in repairing the vehicle to "original condition". Since it happened on the dealer's lot, they were responsible for getting the vehicle back to the condition it was at the time of the contract being signed. Apparently, their body shop told the saleswoman that they might not be able to do it, and might end up making it worse, and the only way to get it back to "As is" would be to actually make it BETTER, and she figured she wouldn't be able to get more money out of you for it, meaning she'd be LOSING money on her end, which is why she offered the $1k off to take it in the "new as is" condition.
IANAL, but run, don't walk, from that woman. Head back to the dealership in a few days and look at that car. I'm willing to guarantee the dent will be fixed, and the price on it will be several hundred (if not thousands) higher than it was when you were looking at it.
The only way that woman doesn't take a hit on her commission is if she never sells it and allows the dealership to fix something that happened to the car during her sale. IMO, her behavior speaks to the treatment such a dealership is willing to accept from their salespeople, or even worse, what they aren't aware of and how their salespeople are nickel-and-diming them. It's equivalent to the office worker stealing pens and paperclips.
You better make damn sure you get a picture of what the car looks like RIGHT NOW so you have a before/after comparison, and then not only fight this if they threaten to take you to court, but COUNTERSUE or use whatever legal means are at your disposal if they try to hold you to the contract to punish them for such behavior.
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03-30-08, 09:46 AM
#8
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she was asking 6800.00 / accepted 6400.00
drewkaree
yes, i did take a phone pic of the damage when i came back..i have pics both on on my phone.. (before / aft)
i will call her tomorrow to see what she is going to do...
03-30-08, 11:47 AM
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not to be sexist but... female drivers....
anywayz.... drewkaree is right. if shes desperate to sell, get a quote on how much it would be to repair it, ask for that much (and then some) off of the price. if she says no, then walk away.
anywayz.... drewkaree is right. if shes desperate to sell, get a quote on how much it would be to repair it, ask for that much (and then some) off of the price. if she says no, then walk away.
03-30-08, 01:45 PM
#11
It isn't the dent that is holding this sale, it is the character behind why the dent is not resolved.
A thousand dollars covers a dent, I don't care who you are. Dent removal and paint. You would end up coming out better if you shopped around body shops.
But, who wants to bother with fixing body damage on a car they just bought. No one likes to deal with it..
If we had more specs on the car the price could play a more significant role. Mileage, condition and so on.
I dunno if I would run from this, but keep your eye open.
No, you aren't held contractually liable for this sum and car. If they try to hold you (if you signed an agreement to buy) -- They must fix it before you buy,.. It is your option and yours alone to take a 'compromise' or an agreement to nullify their responisbility to fix the interum damage. You can , if held by contract, hold them to repairing the dent to pristine condition. If it is repaired where there , gasp, is no dent at all -- Then so be it.
I think they would let you out of this one -- All depends on what you signed.
A thousand dollars covers a dent, I don't care who you are. Dent removal and paint. You would end up coming out better if you shopped around body shops.
But, who wants to bother with fixing body damage on a car they just bought. No one likes to deal with it..
If we had more specs on the car the price could play a more significant role. Mileage, condition and so on.
I dunno if I would run from this, but keep your eye open.
No, you aren't held contractually liable for this sum and car. If they try to hold you (if you signed an agreement to buy) -- They must fix it before you buy,.. It is your option and yours alone to take a 'compromise' or an agreement to nullify their responisbility to fix the interum damage. You can , if held by contract, hold them to repairing the dent to pristine condition. If it is repaired where there , gasp, is no dent at all -- Then so be it.
I think they would let you out of this one -- All depends on what you signed.
03-30-08, 10:36 PM
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It isn't the dent that is holding this sale, it is the character behind why the dent is not resolved.
A thousand dollars covers a dent, I don't care who you are. Dent removal and paint. You would end up coming out better if you shopped around body shops.
But, who wants to bother with fixing body damage on a car they just bought. No one likes to deal with it..
If we had more specs on the car the price could play a more significant role. Mileage, condition and so on.
I dunno if I would run from this, but keep your eye open.
No, you aren't held contractually liable for this sum and car. If they try to hold you (if you signed an agreement to buy) -- They must fix it before you buy,.. It is your option and yours alone to take a 'compromise' or an agreement to nullify their responisbility to fix the interum damage. You can , if held by contract, hold them to repairing the dent to pristine condition. If it is repaired where there , gasp, is no dent at all -- Then so be it.
I think they would let you out of this one -- All depends on what you signed.
A thousand dollars covers a dent, I don't care who you are. Dent removal and paint. You would end up coming out better if you shopped around body shops.
But, who wants to bother with fixing body damage on a car they just bought. No one likes to deal with it..
If we had more specs on the car the price could play a more significant role. Mileage, condition and so on.
I dunno if I would run from this, but keep your eye open.
No, you aren't held contractually liable for this sum and car. If they try to hold you (if you signed an agreement to buy) -- They must fix it before you buy,.. It is your option and yours alone to take a 'compromise' or an agreement to nullify their responisbility to fix the interum damage. You can , if held by contract, hold them to repairing the dent to pristine condition. If it is repaired where there , gasp, is no dent at all -- Then so be it.
I think they would let you out of this one -- All depends on what you signed.
04-01-08, 05:09 AM
#15
Make sure you download the b4 and after pics onto your computer and keep them for a little while just in case she still tries to hold you to the sale. AS-IS condition basically states "here it is,, take it or leave it." If damage escalated after you signed the contract, make SURE that after pic is there for proof.
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