No I wasn’t able to remove the lien, I had to sell the car through them and they took a $75,000 commission.
Ok I just pulled the agreement they made me sign. I want to be fully correct with the facts. Buried in the third para they do reference a lien. Image Unavailable, Please Login
Wow. I'm guessing this is in FL? Hopefully not all dealers are pulling this crap with directions from above.
@moderators not sure where to post this, but these pop-up ads on the Mobile version are crazy the full page ones makes it impossible to navigate
Doesn't need to be verbal. People have an obligation to read contracts. As I stated above, this is a common practice with some dealers and it's almost always referenced in the contract, somewhere. Perfect timing with the Terms of Use reference and not verbally telling every new user what's contained in it.
when ever someone has sat across from me getting a subscription, I made sure they listen to every word as I read it. I never NOT done it.
using a lien for purposes other than loan repayment may be an abuse of process. If widespread, probably certifiable for class action. But that only enriches some attorneys. Present company excluded I think the ROFR while creating an interest in title for the dealer, will need better ways of enforcement. If a client breaches it, they would be blacklisted and maybe that's punishment enough. I think FNA might not be aware of the lien shenanigans.
Funny thing is that they make you sign these agreements for FROR however they won't make you a good offer so you really aren't ever stuck. They'd love to sell it on consignment but that's about it. Stupid for them to put a lien as it doesn't change anything, it only serves to piss off the customer.
If they are dicks... Tell them that you are going to call the attorney general and the department of transportation and raise as much help as humanly ****ing possible. They will bend. .if they don't... Say I'll call my attorney and just start subpoenaing **** to send to the AG and just get a case started or at very least a dealer audit. They can say that you signed the contract all you want... But you are free to make their lives hell. (I am a dealer) Also... If you PM me what store... I'll see if I can help you... no promises. The threat of being a thorn in their side should be enough. But you are off the Christmas card list for sure
Dealers will try anything and everything to screw over (potential) clients, its one of the big reasons i left automotive sales.... Who doesnt read a contract that has to be signed?? To me thats asking for stuff like this. Having said that, this dealer needs to be outed!
@roma1280 I just read the $100K part. This has to be the most comical piece of legal writing I've ever come across. If you don't care about your relationship with this dealer there are lots and lots of ways you can hurt them. Just something to keep in mind. On the other hand, even if you don't do anything, their actions will some day come back to them in a big way. They reap what they sow.
Ok update. I got the car back and they didn’t include the charging cable. They are now claiming the cable wasn’t there when I delivered the car which I know is not true. Now I am making demands and they are giving me the run around. The lien was released but the car doesn’t show under my name in the Florida DMV, so actually I have the car and no title. Trying to figure out who the car is registered to. Stand by.