Yes they definitely contacted Audi FS, and I had to wait a while for them to “get the quote.” In the meantime, I had looked on the website to see what it said. I remember them saying they had to wait for Audi FS to fax them the quote, as they wouldn’t give over the phone.
The only thing that makes sense, is they took too long to pay it. Sale date: 4/27, notice of shortage 6/7. There is a lot of time in-between there. I have not seen the “quote” the dealer received (and wrote the contact based on), but I did get Audi FS to send me the quote they insist they faxed to the dealer on that day. When I said I had that, they stopped calling me…
IMO, this is what’s actually happening here. If the dealer requested the payoff as OP says, and they have a copy of that letter that shows an amount similar to their lessee payoff, that’s a mistake on Audi FS’s part. Audi’s normal dealer payoff amounts are $4-5k more than lessee payoff. Audi is trying to correct their mistake by coming after the Lexus dealer for the overage, and the Lexus dealer is passing the buck (as they have every right to do - you signed the document giving them that right, OP). There’s no way this is caused by the dealer sending the payoff late - the fee for that would be a few days of extra rent charge, not $5k.
OP, if you actually have that letter, and it’s actually addressed to the Lexus dealer, you’re technically in the right, but in the same way that a dead pedestrian in the crosswalk is technically in the right. The Lexus dealer can and will send you to collections over the balance, since you signed that document. At this point, if I were in your shoes, I’d be contacting an attorney to see how best to proceed.
My point with the "late payoff’ is that the quote specifically states it’s good for 10 days. I would imagine after 10 days, there would be a completely different quote.
I do have the supposedly original quote, dated on the correct date, that Audi insists they faxed the dealer. That quote was not given to me by the dealer, and is not in my records from them.
I do like your analogy of “being right,” and my thought process is, if they did decide to send me to collections, I don’t think they can provide accurate proof of the debt, which is required.
Audi 3rd party pay offs are based on market value. If a 10 day pay off was given and the dealer missed the 10 day window, there is no guarantee that market value didn’t shift significantly when they finally got around to it, especially since this appears to have occurred right around the time used car prices starting going nuts.
Since the lease ended on May 8, over a month ago, the OP probably no longer has the right to buy the car at the price set forth in the lease agreement.
That was my exact thought process. This was absolutely when prices started to get crazy, and would make total sense from that perspective.
To answer Jeff, the original quote that Audi swears they faxed the dealer that day, was the higher amount. They stated they were 100% certain of that, and it in no way was my responsibility. They told me the number that day, which I could have paid slightly less for, and assured me that was that. I haven’t spoken to a lawyer, but I bet there is some stipulation in CA that might make them enforcing a signed document difficult, if it looks like they might have not been 100% honest…
This is a pretty simple case a) ask for copy of the fax b) ask for proof of payment; see if the payment matches and is within the deadline. If yes, it’s on Audi FS. If no, it’s on Lexus dealership.
Audi FS might have accidentally gave them the VW Group dealership payoff instead of the third-party; or the Lexus dealership missed the 10 day deadline (and the market moved during that period, or both.
I have had those thoughts too. Since they hadn’t contacted me again, I surmised they might know I am onto their ruse. My next move was going to be to ask them for the original quote, proof of payment (and when). IF Audi FS gave them the wrong quote, it wouldn’t make sense they still had the “original quote” they faxed to Lexus. I would be fairly certain that Audi knew WHO they were sending the quote to, unless they pretended to be me, which would be pretty silly.
I am going with missed the deadline. I bought (leased) this car from them, and was planning on using them for service. I did immediately call my sales rep there, who did not call me back (huge surprise).
Frankly, until the Lexus dealer reaches out to you for/with next steps, there’s really nothing much to do. Best thing is maybe start listing/detailing out the sequence of events and recent communication while it’s still fresh in mind. GLWT and let us know how it goes
The OP can very easily use CreditKarma or another credit report service to see exactly when the account was closed. I’d wager it’s within 10 days of the payoff letter’s date.
It’s established fact that Audi FS is expected to charge $4-5k more to 3rd party dealers than to the lessee. The idea that they 1) decided to issue a 3rd party buyout far lower than that number, then 2) decided 11 days later to raise it to exactly where it should have been because of “market forces”, is farcical.
But this kind of issue is way above your sales rep’s head, especially several months after the deal closed, he won’t have a clue what’s going on so not surprising.
In the first post you mentioned that after the email exchange the Finance Manager called and left a message for you to call them back, so sounds like the ball’s in your court today. I would not assume that just because they didn’t call you 10 more times yesterday afternoon that this will just go away.
I would call the FM back, armed with the payoff quote and everything mentioned above, and try to talk through where the discrepancy is.
I took his call, told him I didn’t wan to talk, but then still did. I said I need to see the quote you were sent by Audi, on the day of purchase. He said they got the quote over the phone. I told him we both know that Audi does not give dealer payoff quotes over the phone, and I need to see their quote from that say.
I reminded him I sent them the quote that Audi claims they faxed them, on that day. He kept repeating that I signed this thing, and I said you could say it was $10,000 more, but that doesn’t make it valid.
I told him they need to provide me with the quote, or talk to Audi. He tried to dismiss with they “get payoff quotes over the phone all the time,” which we all now know that is just not true with Audi.
He got frustrated and said “have a good day sir”
So I then called the sales rep, to see what he remembered. He is now at another Lexus dealer, but he told me the “sales manager” had a friend that works at a nearby Audi dealership, and that’s how he got the quote.
Pretty sure that is NOT how it’s supposed to work…
If your salesperson got the 1st party payoff from Audi, that explains the shortage. It would be nice if that sales person told you that by text message. And I can’t recommend this enough at this point: no more phone calls becauee nothing is in writing, and now we know that’s how we got here in the first place
I imagine I could get him to do text it to me, he doesn’t seem totally shady.
The is what I emailed the FM and GM:
"So it has come to my attention, that your sales manager called his “friend” at a nearby Audi dealership, and got the payoff quote. That was MY payoff quote, NOT a dealer quote.
The official quote from Audi clearly shows the higher amount, and is dated of the date of the sale, and Audi faxed it to the dealership.
It is evidently common knowledge in the industry that Audi provides different quotes to non-Audi dealers, and NEVER OVER THE PHONE, EVER."
Well either way, they definitely got the quote through an Audi dealer. Maybe they had an arrangement that fell through or something, or Audi figured it out. I am thinking they contacted Audi FS, and it was taking too long, so…
You need to delete this whole thread and cease all comms and talk to a lawyer. Just because something is in a contract, doesn’t mean it is enforceable.
If they bother you, tell them to talk to your lawyer.