I’d be surprised if California allowed this type or contract as a matter of public policy. Allowing dealers to sell a car and then due to their mistake, even their own gross negligence, demand more money from a buyer with no buyers right to unwind the deal would open up Pandora’s box. Dealerships could do this often and your only recourse would be spending 5x what you owe in legal fees. It just isn’t how consumer goods contracts normally work. Even in conservative Alabama this sort of horrible anti-consumer rule would surprise me never mind CA. If the OP is telling the truth (and in my past experience as a lawyer my boss had a saying “everyone lies all the time… EVERYONE”), my guess is dealership screwed up payoff and now someone is trying to cover their ass so they dont have to pay the 1,300 bucks out of their own pocket.
Put another way…there are 3 sides to the story. OPs, the dealer, and the truth, usually somewhere in the middle. So far, there’s only 1 side being presented.
Yep, but that is the good thing about contracts, it’s all written down so you don’t have to get into who said what when.
If OP posted the sales contract this would be much clearer. I’d suspect one of our dealers from California could pretty quickly tell the OP where he stood.
The dealer bought the old car at whatever price VW Credit gave them, and it seems you have validated this because VW Credit has confirmed that the car was paid off. How much they paid is unknown, but in reality, to you, that shouldn’t matter as that transaction was between Timmons and VW Credit.
My only question is if Timmons was aware that the car was over mileage or not. I’m no attorney, but it seems to me that the responsibility is on them to validate the car’s condition prior to agreeing to buy it. Unless you made some sort of characterization of the car and falsified any records relating to the car, it’s on them to validate the mileage and condition of the car.
I’m just wondering if they perhaps overlooked the excess mileage, went through with the payoff, then realized they’ve got a higher than anticipated mileage car and are somehow calculating that difference and asking you to pay it. Not that it would be on you to pay that, but like others here, just wondering what the heck their logic is.
Miles don’t matter if they bought the car. VW would bill for excess miles anyway, and had nothing to do with dealer.
They bought the car at buyout price and filled mileage disclosure, so they knew what they were buying and for how much. Overage or not.
Based on what the OP has posted, I don’t see any possibility of OP owing the $1,300. Don’t know why anyone would speculate otherwise, inventing any possible information OP may have omitted.
@Ian_Park - read through the last 166 posts. There are possible causes. Sure would be simple if Timmons would tell Palestar what’s going on. It would sure make getting the money easier if it was legitimate. It’s also hard to believe a dealer would demand $1,300 without any proof of why.
I agree. I was just asking thinking if the dealer somehow screwed up the mileage disclosure and realized after the fact. If so, it’s still on the dealer and not the OP. Just trying to think where the dealer may have made a mistake which they are then trying to pin on the OP.
Fwiw, Timmons is a privately held and family owned dealership. I don’t know if the owner is regularly there, but perhaps see if you can get in touch with him if the GM won’t play ball.
The owner of CapoVW was (and maybe still is) always accessible via email or phone.
Yeah, we are all just guessing here. But I think the dealer messed something up and is trying to get something back from the OP.
That’s what I mean. There are possible causes but there’s nothing in writing as to indicate what the $1,300 comprises of.
If the dealer is legit, the OP could in fact owe the $1,300. A legitimate dealer wouldn’t pursue the money otherwise.
173 posts and OP still hasn’t simply posted the contract. Something stinks.
Ok, the suspense is killing me, I can’t take it anymore. Just unwind the deal and let’s all go home
Instead of unwinding the deal, what if we all just kept winding it extra hard?
Your other recourse is to read the contract, make sure they put your actual payoff on the contract, and call the bank to verify that payoff (and keeping a copy of the payoff quote) prior to signing the contract.
Yea, for some reason people are thinking the dealer did this on purpose, as if it is a good or easy way to increase gross profit. Dealer would not do that. It is not worth the headache.
hahahahahahhahahahahahahha.
why you all getting so wound up? it’s simple … dealers suck lol…
But why should that matter? The transaction between OP and dealer is that the Dealer willingly bought the car for X…why should it matter if X is more, less or equal to the payoff?