I trade in my 08 Windsport to a brand new 2014 Winnebago last November, The pay off of the first loan is $75000, I had paid an extra $20,000 for the upside down pay off on the first loan during the purchase, The problem is the dealership never pay off my first loan, I've been making 2 RV monthly payment for the last 3 month, I called the dealer many times, they just keep lying to me saying it's in the process to be pay off in a week or two, but 3 months had passed, I am afraid if I don't do anything it's going to get drag on for as long as they pleased, my question is do I need a lawyer? or take the dealership to small claims court? Does this happen to many people or just happen to me?

If it were me I'd go through a lawyer. If you've already paid the money then it just seems that something is more than slightly off there. 3 months is more than enough time for them to get their act together. Have a lawyer send them the notice of what is going on, and create the solid paper trail in the expectation you are going to have to sue them. I'm sure that they already have the money for the RV unless it's still in their possession.

You don't need an attorney, yet. Call the California BMV and present your paperwork. California has some of the tightest dealer laws in the country.If the dealer is unable to make the payoff financially, you may then need an attorney to represent your interests.

JALLEN4 wrote:You don't need an attorney, yet. Call the California BMV and present your paperwork. California has some of the tightest dealer laws in the country.If the dealer is unable to make the payoff financially, you may then need an attorney to represent your interests.It is called a dealer bond, go for it with the state of Ca.I will bill you at a later date.

There are steps to take before you spend more money on an attorney. Have you taken all of your paperwork, receipts, etc. and met with the general manager or/and finance manager of the dealership? Have someone go with you to take notes or ask to audio record the meeting. Show them the evidence and give them, in writing, a reasonable timeline of what you need them to do and when. If you have everything documented and reasonable requests, they should do the right thing if they don't want a lawsuit, bad publicity, and want a return customer. As long as you are calm and professional with all documentation to support the facts, give them a chance to correct their mistake. Phone calls will not do anything; bringing issues up the chain will. good luck

They would NOT be the first dealer to pull this ILLEGAL trick. They were hoping to sell your old unit and use that money to pay off your loan, thus not taking a penny out of their own bank account. This practice is illegal and some dealers have gone bankrupt during the following months leaving the previous owner to deal with his old loan. My first call would be to the State Attorney's office.

Do I need a lawyer? | Good Sam Community

RayPayne
Explorer
Feb 12, 2014
If it were me I'd go through a lawyer. If you've already paid the money then it just seems that something is more than slightly off there. 3 months is more than enough time for them to get their act together. Have a lawyer send them the notice of what is going on, and create the solid paper trail in the expectation you are going to have to sue them. I'm sure that they already have the money for the RV unless it's still in their possession.
JALLEN4
Explorer
Feb 12, 2014
You don't need an attorney, yet. Call the California BMV and present your paperwork. California has some of the tightest dealer laws in the country.

If the dealer is unable to make the payoff financially, you may then need an attorney to represent your interests.
Supercharged
Explorer
Feb 12, 2014
JALLEN4 wrote:
You don't need an attorney, yet. Call the California BMV and present your paperwork. California has some of the tightest dealer laws in the country.

If the dealer is unable to make the payoff financially, you may then need an attorney to represent your interests.

It is called a dealer bond, go for it with the state of Ca.
I will bill you at a later date.
guidry
Explorer
Feb 12, 2014
There are steps to take before you spend more money on an attorney. Have you taken all of your paperwork, receipts, etc. and met with the general manager or/and finance manager of the dealership? Have someone go with you to take notes or ask to audio record the meeting. Show them the evidence and give them, in writing, a reasonable timeline of what you need them to do and when. If you have everything documented and reasonable requests, they should do the right thing if they don't want a lawsuit, bad publicity, and want a return customer.

As long as you are calm and professional with all documentation to support the facts, give them a chance to correct their mistake. Phone calls will not do anything; bringing issues up the chain will.

good luck
rgatijnet1
Explorer III
Feb 12, 2014
They would NOT be the first dealer to pull this ILLEGAL trick. They were hoping to sell your old unit and use that money to pay off your loan, thus not taking a penny out of their own bank account. This practice is illegal and some dealers have gone bankrupt during the following months leaving the previous owner to deal with his old loan. My first call would be to the State Attorney's office.
M_GO_BLUE1
Explorer
Feb 12, 2014
Also inform the institution where your original RV loan is at...
danddclydes
Explorer
Feb 12, 2014
I just had a similar situation with a car. I had a lease through Mercedes Benz credit, 3 months prior to the lease end I traded out of the car into a purchase also with Mercedes. For the next 3 months they kept sending me bills saying that I owed 1 more payment. Finally by working with the finance company I was able to get them to collect from the dealership. Your trade paperwork should be clear that they were absorbing the payoff of your trade as part of the deal. Send this to the first bank along with the dealership phone number and email.
Effy
Explorer II
Feb 12, 2014
I find this an odd scenario as you can't change registration or clear a title of a vhicle unless all leins against it are satisfied. The whole thing sounds shady.
Supercharged
Explorer
Feb 12, 2014
guidry wrote:
There are steps to take before you spend more money on an attorney. Have you taken all of your paperwork, receipts, etc. and met with the general manager or/and finance manager of the dealership? Have someone go with you to take notes or ask to audio record the meeting. Show them the evidence and give them, in writing, a reasonable timeline of what you need them to do and when. If you have everything documented and reasonable requests, they should do the right thing if they don't want a lawsuit, bad publicity, and want a return customer.

As long as you are calm and professional with all documentation to support the facts, give them a chance to correct their mistake. Phone calls will not do anything; bringing issues up the chain will.

good luck
Don''t waist your time, they know they haven't pay it off. Go after the Ca. dealer license bond, the rest will follow. Good guys come in last, they will be closed and you will be at the back of the line for the bond money.
11B
Explorer
Feb 12, 2014
I'd jump on this problem as soon as you can with the State of Ca. BMV. It should only take a phone call to get the ball rolling. When dealers fail to pay off a trade its a RED flag they are in financial problems. Get to their bond they have posted with the state before they go BK.