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The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated

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  • 11-10-2017, 12:20 PM
    Gte
    The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated
    My question involves a consumer law issue in the State of: Virginia

    I traded my car in for another vehicle a few weeks ago. Today the dealer called and said it needed work to be saleable. They said the manufacturing dealer programmed the ecu with an update and now it won't run. It's a low mileage new car and ran fine upon delivery. I'm still waiting for my title for my new car, there is no financing involved in this deal, the old car and new car are paid off.

    Can they withhold my title for my new car? Can they try and return the old car? Should I get a lawyer and should I take any more of their calls?
  • 11-10-2017, 12:37 PM
    free9man
    Re: The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated
    Do you have a signed purchase agreement where you have given them the balance due? If so, tell them to pound sand.

    If someone else did something to the car that has caused issues, that is not your problem. They had a chance to inspect the vehicle prior to signing a deal with you.
  • 11-10-2017, 12:39 PM
    Mr. Knowitall
    Re: The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated
    Any claim by the dealership turns on the language of your purchase contract and, if separate, the contract you signed in relation to your trade-in.
  • 11-10-2017, 12:53 PM
    Gte
    Re: The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated
    I have a signed buyers agreement with the balances and fees and whatever that were paid at the time of purchase. What should I look for in the buyers agreement? The car ran well before until they took possession of it and did what they did
  • 11-10-2017, 12:55 PM
    Mr. Knowitall
    Re: The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated
    Quote:

    Quoting Gte
    View Post
    I have a signed buyers agreement with the balances and fees and whatever that were paid at the time of purchase. What should I look for in the buyers agreement? The car ran well before until they took possession of it and did what they did

    You should look for any language relevant to their ability to reduce the amount they agreed to pay or credit for the trade-in, based upon what they learn about the vehicle after it is in their possession.
  • 11-10-2017, 01:12 PM
    Who'sThatGuy
    Re: The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated
    Quote:

    Quoting Mr. Knowitall
    View Post
    You should look for any language relevant to their ability to reduce the amount they agreed to pay or credit for the trade-in, based upon what they learn about the vehicle after it is in their possession.

    Agree, but OP states.
    Quote:

    They said the manufacturing dealer programmed the ecu with an update and now it won't run.
    So if the dealer sent the vehicle to another dealer to update the ECU, wouldn't it make the contract moot? It is the dealers that did something to the vehicle after the fact.
  • 11-10-2017, 01:18 PM
    Gte
    Re: The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated
    Ok I will. How long can they have the vehicle in their possession before I don't have to worry about that? Could I do the same thing to them with my car as well?
  • 11-10-2017, 01:20 PM
    PayrolGuy
    Re: The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated
    That will depend on any wording in the buyer's agreement.
  • 11-10-2017, 01:26 PM
    adjusterjack
    Re: The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated
    Quote:

    Quoting Gte
    View Post
    Ok I will. How long can they have the vehicle in their possession before I don't have to worry about that? Could I do the same thing to them with my car as well?

    I would tell the dealer to pound sand, just as he would do if the shoe where on the other foot.

    And if he withholds your title, you sic a lawyer on him.
  • 11-10-2017, 01:30 PM
    Mr. Knowitall
    Re: The Dealer Called Me Back Saying My Trade in Needs More Work Than Anticipated
    Quote:

    Quoting adjusterjack
    View Post
    I would tell the dealer to pound sand, just as he would do if the shoe where on the other foot.

    The dealership's rights continue to turn on the language of the contract -- but it would be more than fair to invite the dealership to identify the language in the contract that would allow this late claim.
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