This is my nightmare expirience I had with a potential vehical purchase.
Day 1 Thursday July 11 - After speaking with one of the salesman on the phone he stated he might have a vehicle that I might be interested in, so my wife and I drove over to Budget Sales lot to look at the vehicle. Test drove it, liked the vehicle and began initiating negotiation. The salesman was very adamant about making a deal and putting us in the vehicle to drive home that night.
So we settled on a price for the vehicle, but were unable to include a trade in the price. I didn't care about taking the vehicle home that night, but the salesman pushed us to complete just enough paperwork so that we could take the vehicle home and we would return the next day to finalize the deal. The only two documents that I signed and was given copies of Vehicle of Purchase Order, which he stated was to secure the price of the vehicle overnight, and a Condition Of Sale, which he stated was just to say that what ever they have for the vehicle is it.
Neither of which the documents are signed by and authorized representative or dealer. And it is stated at the bottom of this purchase order that and I quote This order shall not become binding until accepted by dealer or his authorized representative. Under the spot where it should have been signed, it clearly states this order is not valid unless signed and accepted by dealer. I was also forced to write a personal check for the purchase amount, which I clearly stated to the salesman that this check is worthless and the salesman stated that it was o.K. That the check would be returned when I brought the certified loan check. We proceeded to take the vehicle home.
Day 2 Friday July 12 - The following day, after my wife and I had discussed the agreement more, we both realized that this was not the deal for us. We were unable to trade our vehicle in and was going to be more than what we wanted to pay and didn't want to face two car payments, two insurance policies and tagging two vehicles. So, we proceeded to go back to Budget to return the vehicle. And since the deal was never completed, none of the paperwork was approved, we did not have any other paper work stating that the vehicle was ours.
We didn't think there would be a problem. When we arrived I spoke with a manager and stated that I was returning the vehicle that I had decided the deal was not for me and that I wanted my check returned. He retrieved my file stated that I did own the vehicle, that there was a check for it therefore it was ours. He then angrily said what's going on here man is this what you do make a deal then come back to break it? I said no this deal was never completed, the check you have there was stated to the salesman as being worthless, that I was to bring a certified check in today and complete the deal.
Since I am not giving you the check and the paperwork has not been completed the deal is not done. I also at that time offered to pay for the inconvenience specifically mileage incurred on the vehicle. He said he did not have the authority to make that decision and that I would have to talk to the general manager who would be in the next morning. So I left in the truck and returned home.
Day 3 Saturday July 13 After having to take leave from work, my wife and I returned to the dealership in the mid-morning. I proceeded directly to speak to the general manager. We went into an office with him and the manager from the previous night. I stated the situation and why I was returning the vehicle. He wrote the number for the corporate office down on a piece of paper slid it to me and stated it was out of his hands that I would have to talk to them Monday morning.
I once again brought up the fact that I only had two documents neither of which was valid since they did not sign them and that they had a check that was worthless and did not have a loan check. He said there was nothing he could do that I would have to talk to corporate. I immediately left and proceeded to contact a bank financial advisor, a lawyer, and a financial manager at another dealership. All of whom stated that I did not own the vehicle and that the deal was not completed. I did not have a copy of the odometer statement, nor the buyer's guide, both of which are required by law for the completion of a sale. Also that I did not have any paperwork stating the loan agreement terms. That all I had was a agreement that since it had not be accepted by the dealership or a representative was not binding or valid as stated on the document.
It was also stated to me that it was a possible infraction of the law to knowingly accept a worthless check for payment with a fine of $10,000, that it was a violation of the Federal Trade Commission laws to not provide the buyer with a copy of the buyers guide which carries a fine up to $11,000, and against Tennessee State law to not provide an odometer statement at time of sale. [Tennessee code 39-14-121 fraudulent intent shall not apply to a post-dated check or to a check or similar sight order where the payee or holder knows or has good and sufficient reason to believe the drawer did not have sufficient funds on deposit to the drawer's credit with the drawee to ensure payment. ].
A lawyer then advised me to go back to Budget, look at my file, return the vehicle and key and also again offer compensation for the mileage incurred while in my possession, which the Federal rate is 32 cents per mile. We proceeded back to the dealership where we were told that my file was either at corporate or locked downstairs, the general manager said he didn't know. He profusely refused to take the key and kept reiterating that we would have to contact corporate. I then told the general manager that I had no choice but to leave the truck in their parking lot since they could not prove that I owned the truck.
He aggressively said that he didn't care what I did with the truck that it was mine and I could do with it what I wanted to. So, we left the truck there, but took the key. After that fact we decided that we had to return the keys so we would not be liable for the truck, so we typed up a letter documenting the reason we were returning the truck, and that I was denying ownership of the vehicle based on the facts previously stated. This is the letter I wrote:
To: General Manager
Budget Car Sales
Chattanooga, TN
Re: 2000 Ford F-150
VIN - 1FTZF1722YNB41170
Under the advisement of an attorney, I, XXXXXXXXX, am hereby returning this vehicle and key to your possession under the contention that I do not own this vehicle. After trying to return the vehicle to you on Friday, July 12, stating that I was refusing the terms of the agreement and wish to null and void the agreement, for which I was refused by the manager. Again being refused to null and void the agreement, on this day, Saturday, July 13 by you the General Manager of Budget Auto Sales of Chattanooga.
To which I was also denied access to the file containing the documents of the agreement of potential purchase of this vehicle. Thereby not being able to prove that I do own this vehicle. Based on the incomplete documentation that I have in my possession, having not been signed by an authorized representative neither validating nor binding this order, also having not signed nor having in my possession a copy of the odometer statement or buyers guide warranty required by law, I deny ownership of this vehicle.
Furthermore you have accepted a check for the vehicle that was stated to the salesman, Wade Bowen, as being worthless tender. I stated that I would bring a certified check the next day that would complete the deal and having not presented this check to you and having not completed the paperwork there has not been a closing of the deal performed. I feel I have completed my obligations by trying to return the vehicle in a timely matter and offering to compensate Budget Auto Sales for the mileage incurred during my possession.
I have made several copies of this letter, one of which is given to you and a copy for attorney records. I myself have a copy of this letter and one will also be sent to your corporate headquarters.
I put the keys along with a signed copy of my this letter in an envelope addressed to the general manager. I drove back to the dealership and handed the envelope to the general manager and started to walk away at which point he threw the envelope at me on the sidewalk at the main entrance to the dealership in front of other salesman and customers after exclaiming the keys are in here. He did come down to talk after waiting a me standing there a minute. He once again stated that there was nothing he could do. I stated I did not want the key to be in my possession so as to be construed that I own the vehicle. He said fine tell corporate you tried to return them and I refused to accept. He concluded by saying not to worry about it that since I did not have the required paperwork that corporate would most likely void the deal and return my check.
I did end up getting my check back thanks to the corporate office. I then proceeded to go next door and buy a truck I had looked at earlier and had no problems. I learned from this nightmare incident not to sign anything at all and never take a vehicle home or you may end up owning it.
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