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frelsang's avatar
frelsang
Explorer
Feb 12, 2014

Do I need a lawyer?

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?
  • 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.
  • 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
  • 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.
  • 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.
  • 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.