Need car dealer help! Sold me a truck without proper paper work.

I had eight 2015 Toyota Tacoma with an automatic transmission that I traded in for 2014 Toyota Tacoma with a manual transmission about two months ago. Since then I got notification from the DMV that the new truck is not in my name and they charge me for a lapse of insurance on the 2015. I asked the dealer that I bought the vehicle from what was up. They said they had a problem with the paperwork and needed me to send a copy of the vehicle inspection and that everything would be OK. On Friday I got a fine from the DMV for a lapse of insurance I called the DMV and they said that if I do not pay my taxes and tags on the on the 2015 within the next two weeks that I will be find a 1% late fee. I called the dealer to find out what is up. The dealer explain to me that when they got the 2014 on a trade-in that they got the signature from one of the owners instead of both and that they have not been able to contact the second owner. I asked if I could have my truck back and they said they just sold it today. I asked what happens if they never get in touch with the second owner of the 2014 The lighting in their office advised me that they will get in contact with the second owner. I asked about the fines and fees as she says she cannot tell me what I need to do about it and that she will handle the situation. What recourse do I have . I have the DMV and tax office breathing down my neck for a vehicle that I do not own and the dealership sold me a vehicle that they did not have the proper signatures to be able to sell it I just have no idea what to do any advice?

 

Since it's a free service complements of your state taxes I would open a file with your state Attorney General's office, let them handle it then sit back relax and watch the fireworks.

 

The dealer has a legal responsibility to delivery you a vehicle with a clear title.

It's not clear to me how the DMV is charging YOU money for lapse of insurance on a vehicle that's not registered to you??

Did you finance the truck or pay cash?

Basically, I think it's gonna end up being on the dealer to sort out this snafu for you. I'd start making myself a (polite) pest and calling them twice a day until the problem was resolved.

 

I got a check for 2k on my trade in. Theyre charging me the fee because the insurance is on the tag, i cancelled the insurance on the 2015 the week after i took home the 2014 and added the 2014 to the policy. But because it is not legally sold to me the dmv hasnt transferred the tag yet and therefore has charged me a lapse

Also what happens if they cannot get in touch with the second owner or if he refuses to sign the title over? They said theyve called him every day for the last month, why would he do it now?

 

The dealer has a responsibility to deliver you a truck with a clear title. If they can't then they sold you a truck that they weren't legally entitled to sell. That's a no-no.

Tell 'em you'll give them a specific amount of time (say another week) and tell 'em they either need to produce a clear title or refund your money.

Like I said, call them daily. Twice daily. Ask for the general manager or the owner. Be a polite but determined pest and don't take no for an answer.

Find all your paperwork related to the sale and keep it in a safe place. You're going to need it. Basically, you've got an enforceable sales contract and they've not yet completed the sale.

Are there any consumer protection type tv shows in your area? This is a good candidate to bring to them.

The last resort is to file a lawsuit for specific performance of the contract. Since that's a monumental pain in the ass, your goal is to avoid it coming to that point. But that's better than the alternative, which is having possession (and owing payments) on a vehicle that you'll soon be unable to legally drive because it won't have current tags, and you'll be constantly pulled over by the police because it's not registered.

 

Would the dealer have the legal obligation to refund ny money?

 

They have a legal obligation to fulfill the sales contract you entered into.

If (and only if) they're unable to fulfill that contract, then they need to refund your money.

 

Like this notation 2?

 

Shit, let me see if i can flip it, notation being on no 2

 

Take your bill of sale / contract to the DMV. It should outline that you traded the 15 and bought the 14.

While that alone won't clear up the issues, a good clerk (ask for a supervisor if you get a bad one) should gladly copy your documents, make notations on your records and push things through so the 'system' quits harassing you. (it's automated stuff in the computer system that is flagging and mailing stuff, the call takers only read what they see).

They need to know it's a dealer issue, and you telling them so on the phone doesn't fly nearly as much as placing the documents under their nose.

Take proof of registration and insurance on the new ('14) vehicle too.

I'd get a name and number of who you worked with at the DMV, and ask their permission to contact them periodically during the course of correction to make sure the record system is being updated properly.

I'd still nag the dealer. And I'd do it frequently. And if results don't start popping, the State Attorney General or Consumer Affairs Office would be next on my list.

I had a painfully similar situation. I sold a car privately, and that was ok. But I bought another vehicle via a dealer about a week before I moved 200 miles away (same state). It took forever to get my title (paid cash too!) and cleared documents. Fortunately I had moved to a small town and the tax collector took pity on me and helped resolve it. In fact I think she got great pleasure out of harassing a big city dealer..........

 

Call toyo corp and see what they say.

 

Looks like you have a test driving agreement, by any chance do you have a copy of retail purchase agreement?

 

Just a standard bill of sale, all it says is that i must get financing within 30days

 

the form you posted is for Borrow vehicle agreement, seems like your loan was not bought by any lender at the time of sale, do you have any other paper like RETAIL PURCHASE AGREEMENT or actual contract?

 

Justva bill of sale

 

try to conatct GM of the store let him know he should be able to help.

 

Toyota can't do anything, this is between the customer and dealer, all that can be done is file a complaint with them which may affect any awards sent out by Toyota Corp. to dealers with minimal complaints. If you were a CA resident, you should have turned in or went on line and filed a Release of Liability so they can't keep on you over insurance on the traded vehicle. If not and fees not paid, can affect your credit. This happens, the dealer should make it good for you and had a Power of Attorney for the previous owners in case something like this happens or paperwork lost somewhere, it does happen. The dealer GM would be the one to complain to and keep in touch with the Title Clerk/F&I person at the dealer. Good luck.
Duane

 

have you try to contact the GM of the store yet?

 

Spoke with the gm today, they assured me they spoke to the dmv today, got the PO signitire and have my registration in the mail today. Im skeptical but will see. This is a individual lot and not a toyota dealer

 

Good luck, make sure get something in writing for future reference