Do I need a lawyer?

[frelsang]

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?

[Campfire_Time]

down home wrote:
You have to not trust anyone it seems. They sold our Fifth Wheel before we signed for the MH. Tried to bakc out but it was gone and they even had sold our F350 already and then from there it went down hill.

Curious. How is that possible? You don't sign over the title of your trade until after you sign the purchase papers. You don't give them the trade until day of delivery of the new unit.

[down_home]

You have to not trust anyone it seems. They sold our Fifth Wheel before we signed for the MH. Tried to bakc out but it was gone and they even had sold our F350 already and then from there it went down hill.

[GWolfe]

Good luck, let us know how it turns out. I'm hoping for the best.

I just did a quick search, here is one of the links I came across, it looks like you weren't the only one.

[UsualSuspect]

frelsang wrote:
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?

Don't mess with the Dealership. Contact DMV Investigations, they are the investigative arm of DMV and will go after them. They have the power to walk onto a Dealership and shut the doors if needed. Here is a link to their webpage. Contact the Office nearest you and file a complaint. DMV Investigations Offices

[Effy]

I always check BBB anymore. They show a D- on their BBB rating. That ain't good. 32 complaintsin the last 3 years. That's about one per month. And quite a few stating the exact same issue as you, that their original loans were not being paid off. Due diligence is king.

[frelsang]

Thanks to everyone's feedback and advice, I will contact DMV and BMV today
the dealership claim that they are the biggest in Southern California, I been
a very nice customer to them, but as soon as I signed the deal wrote them the check no one would answer my calls can't get any question answer. they know they don't need my business for the next many years, even the warranty work they know I could go to any Winnebago service dealer, the dealer name is McMahon Rv Westminster CA.

[time2roll]

frelsang wrote:
I've been making 2 RV monthly payment for the last 3 month,

What the H are you waiting for?
Contact the DMV, the lender, and if no resolution in 5 business days a lawyer.
Stop using the phone, you need to go in person and show paperwork.

BTW assuming this is real you may as well call out the dealer by name.

[Mr_Mark1]

hardtobe wrote:

Effy wrote:

hardtobe wrote:

Effy wrote:
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.

Effy it is very very shady indeed. Dealer wont clear title till
its sells it or is forced to(in this situation) clearly this dealer is a scum bag

Not sure how it works in CA, but in MD, but you can't transfer ownership without a title, and you can't get that until liens are satisfied. I find it an odd scenario where a dealer that traded a unit for you would wait until it had a buyer to do the title work? Aren't there laws in place to prevent this? I can't say I'd put myself into this situation. technically you could repo the old unit since the dealer doesn't own it. You do. Repo it, sell it private, and you make out, dealer loses. Cuz you're paying for it anyway.

its not odd at all.They use your money to pay for the trade till they find a buyer.Then they pay out the lien on the MH.I find it odd that the bank never insisted on discharging the one loan and transferring it to the new unit as to protect their customer from fraud like this is.I hold my loan institution as responsible as this crooked dealer for not looking out for my best interests. Mc######## RV in CA are famous for this tactic.A friend of mine got caught with $300 in interest charges because they took over a month to clear tile on his trade

On the news about a year or so ago...Mc######## RV in CA sold a man's RV on consignment and it took forever for him to get his money. An appearance on the local news station moved the process along really fast. I would never consider doing business with them from that one incident seen on TV.

The calls to the dealership over and over must have been extremely frustrating. You can only imagine how much garbage this guy had to go through before he finally decided to take it to the news media.
MM.

[CA_Traveler]

Effy, He signed a contract so there are likely legal concerns about a repo. And that does not solve the problem of the $20,000 he paid the dealer to clear the lien.

[hardtobe]

Effy wrote:

hardtobe wrote:

Effy wrote:
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.

Effy it is very very shady indeed. Dealer wont clear title till
its sells it or is forced to(in this situation) clearly this dealer is a scum bag

Not sure how it works in CA, but in MD, but you can't transfer ownership without a title, and you can't get that until liens are satisfied. I find it an odd scenario where a dealer that traded a unit for you would wait until it had a buyer to do the title work? Aren't there laws in place to prevent this? I can't say I'd put myself into this situation. technically you could repo the old unit since the dealer doesn't own it. You do. Repo it, sell it private, and you make out, dealer loses. Cuz you're paying for it anyway.

its not odd at all.They use your money to pay for the trade till they find a buyer.Then they pay out the lien on the MH.I find it odd that the bank never insisted on discharging the one loan and transferring it to the new unit as to protect their customer from fraud like this is.I hold my loan institution as responsible as this crooked dealer for not looking out for my best interests. Mc######## RV in CA are famous for this tactic.A friend of mine got caught with $300 in interest charges because they took over a month to clear tile on his trade

[Phils]

I purchased a vehicle from a California dealer that had been in business for years. It turned out that my financial institution didn't get any title and eventually got a phone message left overnight that there would be "no title, we've gone out of business". They told me that it was MY problem, I owed for the loan whether or not I got title.

I immediately contacted a friend that owned a used car lot. He assured me that by law I was the "interested third party" and would eventually gain title. It took almost 6 months, with the DMV investigation department updating me until I got the letter from them saying "take this letter to your local DMV to get title". The dealership had not paid a bunch of loans off on vehicles they subsequently sold. Mine still had an unpaid lien to a bank in Texas. DMV said it was a multi-million dollar scam and the dealership owner would likely see jail time.

Those that had traded vehicles, like you, with the promise that the remaining loan would be paid off were out of luck (by law as the DMV explained it to me) and still owed on their original loans.

Go to the DMV and tell them what's going on immediately.

Phil

(on edit) When I DID get the title, I did NOT have the DMV list the credit union as the legal owner after their attitude (all smiles until they realized what had happened and then their lawyers were the only ones that'd talk to me). Nothing was ever said about it and when the loan was retired I got only a piece of paper saying such, since there was no title to send me. Doing it that way saved me a little money by not having to pay DMV to transfer title when the loan was satisfied.

[The_Texan]

outdoorlovers wrote:
The last ting a dealer in CA wants to hear is you're going to contact the DMV. Give them a time limit to resolve this (7 days) and let them know you're contacting the DMV. No dealer wants the DMV poking around in their business.

DO NOT give them another day, they have had 3 months already. Go to CA BMV today and file for their bond, that is all the warning they need. That dealer is on the verge of bankruptcy and you will be the one holding the bag, unless you are already in line......Also notify your financial institution what is happening and what you are doing, as they will be the recipient of the bond money.

[hardtobe]

Effy wrote:
I had a deal I cancelled with a dealer once after I checked BBB. They tried similar stuff and even refused to give me back my deposit. Quick call to the State's attorney general's office and a complaint filed with the BBB solved that problem. Check mailed next day along with a flurry of apologies.

BBB is a private firm and have no legal authority.most all shady business,s are not scared of BBB

[Effy]

I had a deal I cancelled with a dealer once after I checked BBB. They tried similar stuff and even refused to give me back my deposit. Quick call to the State's attorney general's office and a complaint filed with the BBB solved that problem. Check mailed next day along with a flurry of apologies.

[darsben]

GO TO THE STATE NOW.
After 90 days it is not a mistake it is a scam.
The dealer is not your friend and now you are out 3 payments which you may never get back..

Stand up for your rights and prevent the guy from doing it to others.
People who do things like this rely on inaction by the injured party so they can continue their little illegal activity. If caught the state will make them comply and monitor so it does not happen again to someone else.