Need Quick Legal Guidance: Auto Dealership Taking Advantage or Doing Something Illegal

Need Guidance

New Member
Jurisdiction
Maryland
My spouse and I traded in our (2) vehicles to an auto dealership. Dealership told us that we were financed and who financed us and gave us our purchase of sale paperwork before leaving with the vehicles.

We realized something wasn't right when I received rejection letters from banks. I immediately called the dealership who says everything is all right and that everything was taken care of. My spouse and I have called to speak with the dealership (finance person, finance director, other managers) and they keep telling us our deals were done and we should receive something in the mail. It's been 2 months now that my spouse has not received any final information to tell us where to make payment for the new vehicle. It's been 1 month and a few days that I have not heard anything on the vehicle that I purchased.

During the purchase of the vehicles, my spouse and I gave the dealership $5100 as a down payment and title and tags. The dealership took their money from our bank accounts.

Now, the finance collection dept (for vehicles we traded in) is telling us they are going to repossess the vehicles that we traded in. We keep calling the the collections dept to say that we've been trying to get the dealership to properly handle the close of our vehices (purchased) or release our trade-in vehicles back to us. But of course the collections depth wants their money for vehicles we are not in possession of.

We've told the dealership that we want to retrieve our cars that we traded in and they're telling us that we can't do that and that everything will be okay.

My spouse and I are tired of the dealership lying to us.

We've reached out to an attorney who says that in so many words, there is nothing we can do.

Can someone provide guidance?

Excerpt from the attorney's perspective:

Despite the fact the 7th Amendment of the United States Constitution gives Americans like you the right to a jury trial in civil disputes, many companies have placed "arbitration clauses" in contracts which severely limit these constitutional rights. It means that you agree not to try your case by public and appealable trial, but before a private "arbitrator". Not only do you give up the right to a public jury trial and an appeal if the decision is wrong, but often you give up the right to take part in a class action, give up the right to "punitive" or punishing damages if the company has committed fraud, give up the right to collect attorney fees, and give up other important rights. Arbitration is often more costly to you than trial and recent studies have shown that many arbitration companies have ties to the companies demanding arbitration. Overwhelmingly the companies win in these arbitrations.

Can someone give me proper guidance?
 
Despite the fact the 7th Amendment of the United States Constitution gives Americans like you the right to a jury trial in civil disputes, many companies have placed "arbitration clauses" in contracts which severely limit these constitutional rights. It means that you agree not to try your case by public and appealable trial, but before a private "arbitrator". Not only do you give up the right to a public jury trial and an appeal if the decision is wrong, but often you give up the right to take part in a class action, give up the right to "punitive" or punishing damages if the company has committed fraud, give up the right to collect attorney fees, and give up other important rights. Arbitration is often more costly to you than trial and recent studies have shown that many arbitration companies have ties to the companies demanding arbitration. Overwhelmingly the companies win in these arbitrations.

Can someone give me proper guidance?

You've received excellent guidance.
Your attorney's response is spot on.
If you don't understand it, I suggest you seek clarification from your attorney.
Before you seek clarification, it will be informative to read every document associated with your "deals".

I won't drop more bad news on you, but look for the relevant section describing what penalties you've agreed to, if the dealer is unable to finance you.
 
Very sorry to hear about this auto dealership that seems to be shifty. The attorney didn't say there is nothing you can do - he said that arbitration is the only thing you are likely able to do at this point and that companies frequently win at arbitration. But if the case is the solid fraud you insist, I'm not sure why you're taking that to mean you'll lose. The problem is more about making this worth your while.

My suggestion is that you report this to your state attorney general and then try to determine whether this has been reported to the Better Business Bureau. While they may not be able to enforce any law or provide the actual help you want, they may be very useful in defining the optimal steps to deal with this shady auto dealer.

The question I'd have is whether there has been "fraud in the inducement" and whether this is a crime. You may want to also contact your state attorney general. My feeling is that we would really need to hear more about the details of the paperwork and am guessing that your attorney understands the nature of the issue and probably able to apprise you about what you can do theoretically, the costs, whether a crime may have been committed and what can sometimes be the unfortunate reality. Good luck with your cars and this deal.
 
Did the attorney actually read YOUR documentation to determine if arbitration is the only option? It just sounds like he/she was assuming. Regardless, you should not have to sue. Contact the Dealer licensing division in your state and file a complaint. Also see if you can get an appointment with the actual Dealer/Owner or General Manager. They may not be aware of what their sales and finance managers are doing. Provide copies of your paperwork showing that you traded your vehicles to the bank that is trying to collect. They should be putting pressure on the dealership as well.
 
That is a good point by @txls although I wouldn't be surprised if there is an arbitration clause - and exactly for the reason the attorney cited as well as the fact that the costs of legal action against the dealership would likely be significantly reduced with an arbitration over a full blown litigation. And without a doubt, you should be sending some demands in writing and send via a tracked postal method such as USPS certified mail.
 
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