What would you Do?

It would be your responsibility to prove the dealership was knowingly not acting in good faith...I don't know, but I would bet the dealer was waiting for your deal to fund before paying off the other lien. OR they simply didn't know about the lien placed on the vehicle by the DMV. If it's not on the title (and I don't know why it would be..you can't borrow money against an asset at the DMV) they wouldn't know about it until the finance company began to question them.

If you really want to persue it, your best bet may be to track down the salesman that no longer works there. He may have information about the dealer and this being common practice which would strengthen your case.

 

Contact OOIDA for your best option.... Select trucks is not known for being on the up & up.

It doesn't matter is S/T knew or not, they should have known if there was a lien against that truck by doing a lien search. I mean don't car sales people do it ?

Now you can try to be a nice guy and try to work through this with them, but on the other hand, you do have grounds for legal action. I suggest that you let manager get you going, document every phone call with whom you spoke with from the onset of this a month ago.

Also, I would Document ever payment made associated with it until you're able to get on the road. THEN take them to small claims court to recover damages.

Incidental and consequential losses

Special damages are sometimes divided into incidental damages, and consequential damages.
Incidental losses include the costs needed to remedy problems and put things right. The largest element is likely to be the reinstatement of property damage. Take for example a factory which was burnt down by the negligence of a contractor. The claimant would be entitled to the direct costs required to rebuild the factory and replace the damaged machinery.
The claimant may also be entitled to any consequential losses. These are the lost profits that the claimant could have been expected to make in the period whilst the factory was closed and rebuilt.

Something to think about... if you tell her that your going to do this or be a big blow-hard and threaten them with any legal action, then you realize that she will stop whatever she is doing and let you go bankrupt. And they will get their truck back, you will owe the bank and IRS will be after you because bankruptcy is considered income and you will have to pay taxes on it.You will be screwed 3 way to Sunday

 

Actually, to answer your question...No, they don't. You or anybody brings in a clean and clear title or a title with a lien and you have a lien release with it, as far as the dealer is concerned that vehicle is owned by you free and clear. It's only after the vehicle has been sold and the new owner files a title application that OTHER liens sometimes pop up.

I've never seen one from the DMV, usually it's from a title loan company. The owner borrows money, gives the title as collateral..then gets another title from the state. Trades the vehicle in, gives title and in the mean time the payday loan establishment files their lien with the state...Anyway, it's not like real estate where everything is researched before the transaction occurs.

Now you're thinking I'm a dumb ol truck driver and ignorant on the subject..I've been a service manager at Ford dealer(s)..Parts and Service director at GMC/Buick dealers. I still have several friends that are Sales managers, General Managers and Dealer principals (owners) at dealerships today. These incidents although not common, do occur.

 

Call ooida before you sign the new contract!!!!!!!!!

 

No, why would I think your a dumb ole truck driver... ? You bring up valid points I never thought about. Actually I was associating buying a truck to buying a home and how they do a title search to make sure there are no liens.

I admit I'm a little naive about some things like how dishonest people can really be... I still believe in a hand shake and that a man's word is his bond and accountability, but that is just me.