QUESTION

Is there anything we can do if a dealership has harassed us by selling a damaged truck?

Asked on Jul 28th, 2013 on Personal Injury - Florida
More details to this question:
My husband bought a truck March 5, 2013. We immediately insured the truck with full coverage insurance. The bank called my husband the next day and said they would get his payment book in the mail to him. The car dealership called almost every day for 6 weeks wanting the truck back, saying the finance company decided not to finance it. On April 23, 2013 I returned the truck to the dealership. The next day someone bought this truck, didn't even make it home in it and found out the truck had been through Hurricane Sandy and the gas tank was full of sea sand. Other vehicles they sold were all damaged in one way or another. One was cut half into and put back together and sold by them. July 23, 2013 my husband bought a truck from a different dealership. He got financed through the exact same bank that he was supposedly denied credit from on the 1st truck and with no problem at all this time. It seems this bank ran my husband’s credit which checked out fine, but when they ran a report on the 1st truck it didn't check out (because of Hurricane Sandy damage). For 6 weeks these people harassed us to the point my husband almost had another heart attack, and they totally wrecked both our nerves. Is there anything we can do? They're jumping around from town to town locally selling these vehicles. One week in one town and then gone, and a week in another. They have 15 complaints with the better business bureau. I'm not sure what to list this under, so I went with personal injury.
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7 ANSWERS

You are correct: This is not a personal injury matter. Unless you suffered some financial loss because of the actions of this dealer, you are unlikely to recover from this dealer. However, you can protect other consumers by reporting this situation to the South Carolina Department of Motor Vehicles (DMV). Together with the South Carolina Department of Public Safety and the South Carolina Attorney General’s Office, the DMV can take action to prosecute those dealers engaging in fraudulent behavior. The Better Business Bureau is arguably ineffectual in compelling dealers to behave correctly and you are unlikely to get any satisfaction pursuing this matter with that private agency. Good Luck!
Answered on Mar 19th, 2017 at 5:52 AM

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In Texas, you could file a complaint with the Office of the Attorney General for violations of the Texas Deceptive Trade Practices Act (DTPA). You may also have a private action directly against the dealership under the DTPA. You would need to consult a lawyer about that.
Answered on Aug 02nd, 2013 at 9:23 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I don't understand what the problem is: you returned a truck you didn't want and bought another one. You say they harrassed you for 6 weeks until your husband brought it back. If he had brought it back sooner, you would not have been harrassed so long and you would have been rid of this unwanted truck earlier.
Answered on Aug 02nd, 2013 at 9:23 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Go ahead and sue them for fraud. Sounds to me like they need to be put out of business. You can always file a complaint with the Better Business Bureau, too.
Answered on Aug 02nd, 2013 at 9:23 PM

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Ronald A. Steinberg
Get a lawyer. Also, contact the prosecuting attorney for the county in which the dealership is local edit sounds like fraudulent business practice.
Answered on Aug 02nd, 2013 at 9:23 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If the finance c o doesn't finance the car you take it back. That is what the contract calls for. You don't have a claim of any kind.
Answered on Aug 02nd, 2013 at 9:23 PM

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You could try reporting them to the Department of Motor Vehicles and your local police department, but it seems that it is difficult to track them down and any judgment you would get would be very difficult to enforce.
Answered on Aug 02nd, 2013 at 9:23 PM

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