Modification of Sales Contract After Purchase Was Complete
My question involves a consumer law issue in the State of: IL
I recently purchased a used car in the state of IL. Upon driving away from the dealership (within 5 miles) the car stalled. The dealership told me they'd allow me to trade the broken down car purchased just minutes prior for a different auto. A new sales contract was drafted and signed by both parties. So I left with two contracts, one for the deal on the first car and one for the deal on the second car.
Fast forward 20 days, I get to the DMV to pay for license plates and the contract submitted to the DMV by the dealership was my signed 2nd contract with all the sales figures marked out and replaced with hand written figures from the 1st contract. By doing this the dealership is showing a lower sales tax collected, a higher purchase price, and a lower trade-in allowance. Meaning I have to pay additional sales tax. My contracts show they collected a total of $1142.00 in sales tax but they're only reporting collection $949.00. When I called the finance manager at the dealership, I was told they did away with my first contract and combined the two into one new contract, using my already signed contract and superimposing the new figures. When I asked him about the sales tax difference he said just let me know how much it is and I'll send you a check but asked me not to raise the issue with the DMV.
After having a local dealership look over the two original contracts and the new hybrid contract submitted by the dealership they noticed that the dealership kept just over $5000.00 extra from one contract to the next. On top of that they agreed in the original contract to pay of my outstanding loan in the amount of $13,200.00 but the dealership sent a check for only $10,900.00 to my loan holder. The finance manager said he'd send me a check for the $2300.00 difference but it's been "in the mail" for over two weeks now.
Here's my dilemma, my temporary license plate is about to expire and I don't know if going to the DMV and paying the additional sales tax to get a new plate somehow says I'm agreeing to the paperwork and in my option fraudulent contract they submitted to the DMV. I talked to the DMV and no one there can answer this for me. I'm afraid if I'm somehow agreeing to this contract by paying the additional taxes that I'll not be able to pursue them in a court of law to recoup lost funds.
Re: Can a Dealership Revise Contract and Submit It As Original to DMV
They are not permitted to create a hybrid 3rd contract absent something you signed allowing the modification. That is unlikely. I would discuss the issue with the Sales Manager or owner.
Re: Can a Dealership Revise Contract and Submit It As Original to DMV
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Disagreeable
They are not permitted to create a hybrid 3rd contract absent something you signed allowing the modification. That is unlikely. I would
discuss the issue with the Sales Manager or owner.
Thank you for the reply. I've been back to the dealership 6 times (3 hour drive one way) and talked with both owners of the business and the sales manager. I have been told by the owners that "We pay my finance manager to handle the paperwork, and you're in good hands". The sales manager just keeps referring me to the ownership, stating it's above his pay grade.
Re: Can a Dealership Revise Contract and Submit It As Original to DMV
The simple answer is this.
If you are getting stonewalled at the dealer, hire an attorney.
That's what gets the owner's attention.
If you don't want to spend money on an attorney, call your local TV or newspaper consumer advocate.
A little adverse publicity will get the owner's attention.
Re: Can a Dealership Revise Contract and Submit It As Original to DMV
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Quoting
adjusterjack
The simple answer is this.
If you are getting stonewalled at the dealer, hire an attorney.
That's what gets the owner's attention.
If you don't want to spend money on an attorney, call your local TV or newspaper consumer advocate.
A little adverse publicity will get the owner's attention.
Thank you, I'm already in talks with an attorney. I just don't know if I should go to the DMV and get the car plated or not. If not the temp plate will expire and I'll have to park the car until it's resolved. My attorney said he wasn't sure whether or not to plate the car, and he's in the process of trying to find a new attorney. My plate expires in 3 days, I didn't wait until the last min to handle this, the dealership just sent my paperwork to the DMV on Wednesday.
Re: Can a Dealership Revise Contract and Submit It As Original to DMV
Ditto. If they are stonewalling you, it seems clear it is fraudulent.
Quote:
Quoting
adjusterjack
The simple answer is this.
If you are getting stonewalled at the dealer, hire an attorney.
That's what gets the owner's attention.
If you don't want to spend money on an attorney, call your local TV or newspaper consumer advocate.
A little adverse publicity will get the owner's attention.