Billed by Dealership for Repairs to Trade-In After Financing Fell Through

[Xterra05]

My question involves court procedures for the state of: Florida.

My Husband traded in his 05 xterra for a 2010 Toyota. We were approved thru our bank and 6 hours later at the dealership...we had a new car. We filled out all the paperwork and left with the new car. Two days later, the finance manager calls and says that because we wanted to include GAP insurance with the purchase of our new car,the bank was not going to approve it. When we signed the papers, all the warranties, gap insurance, road side assistance options were available to add on and it had the break down and total monthly payment listed. We were never told there would be a problem if we added anything.

We were told that because the bank was not approving the extra $800 for GAP insurance that we were going to run into a road block. They said we needed to speak with our bank.....or the deal wasn't going to be approved and we would have to bring back the new car.

5 days later we are told we have no deal and my Husband brings back the car. He sees his orignal car parked out in front of the dealership....he notices one of the front fog lights is shattered and there is a scratch on his grille guard. He has won trophies for his car as well as had in several car shows. He goes inside and talks with one of the service reps. and asks why his light is broken. They have no answer. He goes to look inside the truck and his $150-$200 HID headlights are gone as well as a custom horn ($50). He also is given a bill of $700 as to list what the dealership did to the car for a resale and told he had to pay it.

We feel like the deal never went thru, and it was only 4-5 days this happen in. Does the dealership have the right to take out headlights and parts of a car that really doesn't belong to them yet?? We did nothing to touch with the car we had "thought" we purchased. Do we have a right to get back the missing car parts as well as to have them fix the repair of the fog light??
Thank you>

[jk]

when a deal is rescinded, both parties need to be returned to the same condition as they were prior to the contract. In your case, the missing parts obviously would have to be replaced or the value paid to you. As to them charging for repairs; yes, you should pay for them as they were not part of the car when you traded it in. You would be unjustly enriched if you did not pay for the repairs.

[cyjeff]

when a deal is rescinded, both parties need to be returned to the same condition as they were prior to the contract. In your case, the missing parts obviously would have to be replaced or the value paid to you. As to them charging for repairs; yes, you should pay for them as they were not part of the car when you traded it in. You would be unjustly enriched if you did not pay for the repairs.

I will add that this sounds like a negotiation point on the dealership's side. I can see them saying, "well, you say we took $700 out of the car and you owe us the same amount... so you drive away and everything is even."

I would definitely get a list of what was done to prepare the car for sale and have an independent mechanic review it.

[greenmancan]

I will add that this sounds like a negotiation point on the dealership's side. I can see them saying, "well, you say we took $700 out of the car and you owe us the same amount... so you drive away and everything is even."

As a former dealership mechanic and occasional service manager that's exactly what I see happening.And the price is about right.
They should have done a pre sale or pre delivery inspection.And performed any missed scheduled maintenance and then send it to the detail dept.That would cover a minor repair or 2.If the sales dept requested the techs to remove those things then it could show up.But the sales dept should eat that anyway so contest that.
They should be able to recover the parts though.Either a tech took them off or the detail dept.
The bank is the real villain here,although the sales dept could have taken a bite and been more creative.

[cyjeff]

As a former dealership mechanic and occasional service manager that's exactly what I see happening.And the price is about right.
They should have done a pre sale or pre delivery inspection.And performed any missed scheduled maintenance and then send it to the detail dept.That would cover a minor repair or 2.If the sales dept requested the techs to remove those things then it could show up.But the sales dept should eat that anyway so contest that.
They should be able to recover the parts though.Either a tech took them off or the detail dept.
The bank is the real villain here,although the sales dept could have taken a bite and been more creative.

I bet even money that one of the techs decided to "downgrade" the parts in return for the ones on HIS ride and the dealership didn't know squat about it until you came back.... including the broken light.

[GreenEyedGuru]

when a deal is rescinded, both parties need to be returned to the same condition as they were prior to the contract. In your case, the missing parts obviously would have to be replaced or the value paid to you. As to them charging for repairs; yes, you should pay for them as they were not part of the car when you traded it in. You would be unjustly enriched if you did not pay for the repairs.

I'd say that's the dealer's fault for performing repairs before the deal was final.. They're probably losing a bit more though depending on the number of miles OP put on the truck before the deal fell through. If they can't sell it as brand new anymore, they've lost a few thousand. Not that that's your fault.

Otherwise, this sounds quite a bit like a variation of the "spot delivery scam" to me.