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Back in January, I placed my car in consignment at used car place called Affordable Auto in Fargo, Nd. The owner and I signed an agreement (and I still possess a copy), and these were the terms: I give him $200 non-refundable, and agree to pay him 20% of whatever the agreed upon sales price. Fast-forward 4 months. I get a call from the owner telling me he is being offered $3000 for my car, which is easily worth $7500 on private market. I told him that price was unacceptable, and he wigged out, called me a moron, and after arguing for 15 minutes, it became clear that he wouldn't attempt to sell the car for a reasonable amount. I told him that I was sorry we couldn't come to terms, and that I would be flying in to retrieve the car. He tells me I owe him $600 for advertising costs and because he had to get a key made after his employees lost the only copy. He is also going to be charging me rent for having the car on his lot. While I still possess a copy of our contract, I made a mistake and left the title with his office. I'm requesting a lost title from the DoR. What are my options here to reclaim this vehicle legally and at minimum expense?
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Apr 22, 2015 23:46
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BananaNutkins posted:What are my options here to reclaim this vehicle legally and at minimum expense? Since this is a $7,500 car, get proper legal advice from a ND lawyer.
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Apr 23, 2015 00:06
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Yeah, lawyer up.
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Apr 23, 2015 00:55
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Throw a brick through their window with a note wrapped around it with your demands written in letters cut out of a magazine.
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Apr 23, 2015 01:14
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Lawyer up. Now.
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Apr 23, 2015 01:21
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Hey you should probably get some kind of lawyer. I would also recommend never letting a car dealership sell your car on consignment, because it is their job to try and dick more money out of you. I bet he never had to get a key made.
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Apr 23, 2015 01:59
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Lawyer. Now.
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Apr 23, 2015 02:05
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Powershift posted:Throw a brick through their window with a note wrapped around it with your demands written in letters cut out of a magazine. That was my first instinct. Be back later with pics
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Apr 23, 2015 03:20
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The law firm of Dewey Brickem and Howe you could ask here http://forums.somethingawful.com/showthread.php?threadid=3266659 nobody in AI lives in North Dakota. Anybody who owns a running vehicle in North Dakota usually uses it to drive away from North Dakota. Powershift fucked around with this message at 03:37 on Apr 23, 2015 |
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Apr 23, 2015 03:31
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Hey man, North Dakota isnt that bad. To this day they still hold the absolute best tourist advertisement I've ever seen, showing one single guy drinking alone in an empty bar looking out the window at three fairly solid 4s and 5s on the sidewalk outside trying to give a flirty giggly come hither stance that would have peeled the paint off the side of a cow.
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Apr 23, 2015 03:49
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OP, in order to do this legally you either convince them to give back everything less your $200 or you take the dealership to court and hope the court is more convincing than you are. Assuming shouting down the phone hasn't worked, the first step is to get some written advice on your rights under the contract and ND law as well as on how best you should proceed, given you think the car is worth $7,500. You will then have guidance as to how to take matters forward in terms of correspondence with the dealer and when / whether you should take this to small claims court. For $7,500, the rest you can and probably should do on your own. https://www.sband.org/Resources%20for%20the%20Public/Default.aspx
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Apr 23, 2015 07:20
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DICKPOCALYPSE NOW posted:Hey man, North Dakota isnt that bad. To this day they still hold the absolute best tourist advertisement I've ever seen, showing one single guy drinking alone in an empty bar looking out the window at three fairly solid 4s and 5s on the sidewalk outside trying to give a flirty giggly come hither stance that would have peeled the paint off the side of a cow. It has ICBMs! .....that's all I've got.
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Apr 23, 2015 15:30
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New details. His business has an F rating from the BBB, and he recently was on the local news for scamming. Here's our conversation from today: Me: Please refund the purchaser's money. I am willing to give you an additional $300 to keep this from going to the lawyers, which will come to a total amount of $500 for your efforts to sell the vehicle. Please let me know via text if this is satisfactory. Catalyst Motors: I have spent more than that in just labor showing it and advertising it. Not to mention having it towed detailed making keys etc. Now I have to wrong a customer and refund his money. Not good for business. I would really like u to try to think back on the day you brought it here. I never talked to your wife. U told me u would take 3500 as the last price. Obviously my job is to try to get as much as possible but u said that would be the lowest u would accept. Now that I have it sold u want to go back on what u said. That isn't fair to me or the customer https://www.catalystmotorsfargo.comi would really like to buy you out so that we r done with this mess. https://www.catalystmotorsfargo.com Me: No sir, our contract states that the sale price must be agreed upon, and I do not agree. I am not required to pay you any amount above the original amount of $200. I am offering an additional $300 as a gesture of goodwill, which I will pay to you upon return of the vehicle. If that is not acceptable, then I will seek legal representation (at no cost to myself, I might add, as disabled veterans are given free representation by several firms.). I want to bring this to a swift close that is amicable to both parties. I prefer to do business via text from this point so there is no question of what was said and what wasn't. Your expenses in the course of attempting to sell the vehicle are immaterial. To recap--My final offer is $300 at the time the vehicle is returned to me, or legal action. Catalyst Motors: When u state that my expenses are immaterial it speaks volumes about your character. The price was agreed to. Now that it is sold u r trying to renig on our deal. Good luck with your free legal representation. If u choose to have me refund his money I will also have to refund him any expenses he has incurred which I will bill to you. We will then place the vehicle in a secured storage facility which will cost 35 dollars a day plus delivery. This is an estimate it could actually be more. We will also be charging a 300 dollar convenience fee to facilitate your rediculous request. When you are ready to pay all of those fees plus any fees I have incurred in attempting to sell the vehicle as well as any needed maintenance it has incurred let me know and I will have someone meet u to release the vehicle. There will also be a 45 dollar gate fee to have someone meet you there. I will put together a complete summation of the charges for you to review upon your arrival. Bottom line here is we can attempt to reach an amicable solution or you will not only lose in court you will lose a great deal of money in the process. All you have to do is honor your word. Verbal agreements are legally binding in all fifty states and u agreed to 3500 https://www.catalystmotorsfargo.com Me: My word was to pay you $200 and 20% of the agreed upon sales price. No verbal contract of the kind you state was ever made. I had hoped to avoid the trouble of taking legal action, but I am in the right, I am in no way seeking to go you financial harm, while you are seeking to defraud me. An official letter from my lawyer will be forthcoming. Catalyst Motors: I am sorry you feel that way. Whether or not u r seeking to cause me financial harm u have. Next time u make a deal man to man honor it. The mistake u made was asking ur wife whom was not even privy to the conversation u claim she was part of. People who were not there can obviously cause confusion when asserting their imagination. I would really like to work this out with you. A lawsuit will only cost u money. Me: My previous offer of $300 goodwill upon return of the vehicle stands. Please let me know by close of business today. I do not wish to argue or waste time. As such, this text message is my last informal communication with you. All further interactions will be handled by my lawyer. Catalyst Motors: While we wait for his letter just know that fees will continue to accrue. A settlement may become impossible within a short time as those fees will offset any amount u feel would be due to u upon providing a proper lien release. Also note that vehicles held for sixty days are legally allowed to be auctioned to recover expenses. The best path is a mutual resolution. That being said u have been notified of the accruing fees as these texts will prove. http://catalystmotorsfargo.com
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Apr 24, 2015 01:04
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It's a business and he writes in text short hand? What the gently caress?
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Apr 24, 2015 01:12
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BananaNutkins posted:While we wait for his letter just know that fees will continue to accrue. A settlement may become impossible within a short time as those fees will offset any amount u feel would be due to u upon providing a proper lien release. Also note that vehicles held for sixty days are legally allowed to be auctioned to recover expenses. The best path is a mutual resolution. That being said u have been notified of the accruing fees as these texts will prove. http://catalystmotorsfargo.com Oh man, show that do the lawyer, that is going to be a good laugh.
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Apr 24, 2015 01:14
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$20 says the second a letter from the lawyer arrives this guy shits his pants and will resolve it. Had a similar issue with my inspector when I bought my condo and it was becoming clear he hadn't really checked anything. Kept giving me the runaround and wouldn't reply for weeks at a time till I told him I was going to the local news unless the cash was refunded. Got an email twenty minutes later saying the cheque was in the mail.
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Apr 24, 2015 01:25
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Man that is truly hilarious, I love hearing all the bullshit used car dealers often vomit forth when trying to assert that they are in the right. Like when a coworker was trying to buy an rx300 and test drove one where the defrost didn't work, there were numerous dents, and the transmission was going out (common rx300 issue) and the dude wanted $8k. After politely offering $6k (still too much) and the offer being declined, my coworker continued to receive calls, texts and emails from the dealer talking about how my coworker didn't know anything, he was causing the dealer great monetary distress, etc etc. He even emailed out a screenshot of recent auction prices on rx300s, with one that had gone for $8k highlighted... except the rest of the list was all in the $3-5k range. Fuckin' hilarious. Please keep us updated on this toolbag. EDIT: When you click on the "Testimonials or Reviews" link on this guy's website, it gives you a page not found. 
wilfredmerriweathr fucked around with this message at 01:49 on Apr 24, 2015 |
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Apr 24, 2015 01:43
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I love two things here: 1. That guy can't spell if his life depended on it. 2. A Pontiac Montana, Ford Windstar, and Chrysler Crossfire are featured front and center on his website. Stellar inventory, my good man. Never, EVER trust a used car dealer. I've worked at an auction approaching 20 years now, and have met literally dozens of them. Probably most of them within a 50 mile radius, and there's only one that I'd trust. Seriously, one guy. His dad and he run the dealership, and his dad is a bugfuck crazy (but totally lovable) Israeli who was a fighter pilot during the Six Day War. They only buy and sell cars with no prior repair, and specialize in M-B, BMW, Miatas and Mustangs. Outside of that dealership, every one has been incompetent at best, maliciously scummy at worst. Never do something like this again, OP, but at least you're gonna follow advice and lawyer up, which is lightyears ahead of the rest of the similar posts I've seen here over the years. e- Dear God, he even has a FAHVE HUNNERT HORSEPOWAH Mustang quote:2002 Ford Mustang GT Seizure Meat fucked around with this message at 02:00 on Apr 24, 2015 |
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Apr 24, 2015 01:56
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This guy has some serious gold in his inventory. e: FIVE HUNNERT
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Apr 24, 2015 02:01
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Here's the BBB page for them
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Apr 24, 2015 02:09
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Haha, OP shoulda checked that before doing business with him. Hindsight 20/20 lesson learned, just sell the car yourself next time.
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Apr 24, 2015 02:16
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From the oldest complaint, this is why dealers like this can exist and thrive. People who are ignorant about cars do dumb poo poo with their money.quote:I used the sales issue as the main complaint but really there are several. I purchased a vehicle from him that was greatly misrepresented. When i looked at the car he told me that it ran wonderful and had a great stereo system. The only other issue was that it needed a fuel pump so i couldnt test drive it. He was going to get the repairs done right away and i could pick up the car the next day. I gave him four hundred dollars that day and we did paperwork. A week and a half later i was able to pick up the car after several stories to my mom and friend about why it wasnt done earlier. I gave him another hundred dollars the day i finally got the car. It didnt take long to realize that the blinkers did not work the defrost was not working and the power steering was about to go. Plus a few times in the next week it would just randomly die. I had several personal family emergencies happen and did not make the next one hundred dollar payment and tried to reach him but as usual never received an answer. After a week and a half of actually having the car and realizing i had a lemon i looked out my window and it was gone. So after work the next day called Tom to discuss it and tell him that i just needed my things from the car and that it wasnt going to work for either of us he immediately started swearing and screaming at me then he hung up. I called back and got his employee. He was alright and said i could get my things but it was only a few seconds and Tom was on the phone swearing and screaming at me again and calling me a f------ b---- among several other things and threatened me. then hung up on me again. He offered no chance of taking care of the issue in both our favors. Was not professional AT ALL! WHY WOULD YOU PAY FOR A NON-RUNNING CAR?!?! 
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Apr 24, 2015 02:23
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VikingSkull posted:From the oldest complaint, this is why dealers like this can exist and thrive. People who are ignorant about cars do dumb poo poo with their money. And why would you expect a $500 car to be perfectly functional in every regard. Also, the brick idea is sounding better and better, at this point he may never know which ripped off customer did it.
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Apr 24, 2015 02:29
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Powershift posted:And why would you expect a $500 car to be perfectly functional in every regard. Yeah, that one I can't fault the dealership for, mostly. If you buy a car that cheap, and you fork over money knowing it doesn't run and are surprised it's a shitbox, you might be a dumb gently caress.
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Apr 24, 2015 02:33
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Since your exchanges with the dealer mentioned that you're a disabled veteran, had you considered talking to local news stations about what's going on? Local news stations love those "On your side" bits, and "Local used car dealer rips off disabled veteran, film at 11!" is the kind of headline that's pretty much tailor made for evening local news, especially in a place like Fargo where they can't fill the entire broadcast with police chases or murders. Edit: Dear lord, some of the prices on that site are ridiculous. They're asking $4900 for a '94 Chevy 1500 with "custom paint" and 20" rims, which has a Blue Book value of maybe $2500 on a good day, and they're asking $8000 for an '02 Mustang that's worth maybe $6000 if it was in perfect shape. azflyboy fucked around with this message at 03:13 on Apr 24, 2015 |
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Apr 24, 2015 03:02
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azflyboy posted:Since your exchanges with the dealer mentioned that you're a disabled veteran, had you considered talking to local news stations about what's going on? I hate using that status to gain sympathy. The reason I mentioned it at all was because he kept telling me how much he pays his lawyer on retainer, and how much the legal fees were going to eat up my bank account. I told him I'd get free legal help from one of the many various places willing to go pro bono for veterans, so the money wasn't an issue. At this point, it really isn't about the money. I just want to see this guy get what he deserves, in a legal, gentlemanly fashion. Some background on why I used him in the first place without doing adequate research: I quit my job as a train conductor last year, a decision I made mainly because of my disability. Started working as a flagman, which I can do safely. There was an adjustment period though...I had to start working all across the U.S. In November, I was in Fargo driving to a job site when my car dismantled itself. I lost steering and my brakes were probably giving only 10% of their usual braking power. Managed to get it off the road, called triple a, and got it taken in for repairs. The car, by the way, is the red crossfire listed on his website for 8k. Definitely not an appropriate vehicle for off roading in a North Dakota winter, but I was getting by. Anyway, the repairs ended up taking three weeks. In the meanwhile , I got a plane ticket to KC, bought a yukon xl, and packed the whole family up. We drove back to Fargo. My wife didn't have a valid drivers license. When the crossfire was finally repaired, I was desperate to find some place to either store it or sell it via consignment. With limited time (I was working 14 hours a day) and options (it's North Dakota) I went with the first dealer willing to do a consignment sale. I had to be in a place called Valley City to work the next day, and moving four kids, a cat, and all their luggage is no easy task. I made a mistake choosing Affordable Auto. I thought, after meeting him, that at worst the owner was a bad business man who might not sell the car quickly or get a good price. I should have researched it first, but like I said, I was desperate and out of time.
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Apr 24, 2015 06:01
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VikingSkull posted:Yeah, that one I can't fault the dealership for, mostly. If you buy a car that cheap, and you fork over money knowing it doesn't run and are surprised it's a shitbox, you might be a dumb gently caress. He missed the $100 payment on the first week, so the car was repossessed after 1 and a half weeks without the dealer even answering the buyers 'phone calls before the missed payment. Fo3 fucked around with this message at 09:58 on Apr 24, 2015 |
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Apr 24, 2015 09:52
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Stop being nice to this shitbag and his dealership and stick it to them. There's no honor or man-to-man poo poo going on here, the guy's straight up manipulating you.
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Apr 24, 2015 11:10
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Crooked in the title is redundant.
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Apr 24, 2015 14:58
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I can only think of one used dealer who I would do business with again and that was something rather specialised so makes sense to not treat your customers like dirt as there is not a huge number of them. All the rest of them are as described. New car dealers are well just shiny suits with a script so not really the same thing.
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Apr 24, 2015 16:44
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Apr 24, 2015 18:31
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azflyboy posted:Edit: Dear lord, some of the prices on that site are ridiculous. They're asking $4900 for a '94 Chevy 1500 with "custom paint" and 20" rims, which has a Blue Book value of maybe $2500 on a good day, and they're asking $8000 for an '02 Mustang that's worth maybe $6000 if it was in perfect shape.  I know it definitely doesn't "run excellentt", and the interior is probably permanently stained with vomit, blood and various other bodily fluids but gently caress me if I wouldn't like them champagne coolers and laser lights. I'd DD that to work everyday. OP: Got a picture of this guy? Or at least a description? Please tell me he looks like Herb Tarlic.
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Apr 25, 2015 03:38
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I love how the "Testimonials or Reviews" page on the website is just a giant blank page.  I can't wait to hear the followup after your lawyer contacts them
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Apr 25, 2015 04:22
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This reminds me of when my dad put a lotus 7 replica he imported from New Zealand to the US on consignment at a vintage/exotic car dealer in Seattle(cosmopolitan motors maybe?, can't remember). They agreed on a bare minimum price with some sort of timeline, and the owner turned around and sent it to auction maybe a week later, where it sold for barely above the minimum price and tried to charge my dad for transportation costs/detailing/etc for sending it to auction, after he already told him sending it auction was last resort option. I think he was even trying to bill my dad for ridiculous advertising costs for the week or so before he sent it to auction. My brother prolly remembers the details better, so he might chime in with details.
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Apr 25, 2015 06:05
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SiliconX posted:
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Apr 25, 2015 12:15
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Riff Raff sells cars?
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Apr 25, 2015 22:17
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After calling about 5 million lawyers today, with no success, I submitted a complaint to the office of the Attorney General. Under the "What would you like to accomplish with this legal action" section, I wrote that I wanted him shut down. The ball is rolling now.
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Apr 27, 2015 19:06
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How does it work in the US with a suit and expenses? Is it normal for Judges to award those as well?
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Apr 27, 2015 19:29
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quote:After calling about 5 million lawyers today, with no success... BRICK! BRICK! BRICK! BRICK! BRICK! Also, that ball rolls slow as balls. I don't know what kind of teeth your motor vehicle dealer's association has, but that might be a route to take as well. AMVIC here in alberta accepts consumer complaints, and can levy fines against dealers, or revoke their license which means they can't sell more than 5 vehicles a year. At the end of the day, it is still 100% your car. It sounds like you're going to have to go pick it up. Maybe fire off an e-mail or phone call to the local sherrifs or police, and see if it's within their capabilities to accompany you to the lot to retrieve the car and title. If so, make it clear to him when you plan on doing so, bring along all your proof of ownership and insurance(if you plan on driving it off the lot), go to pick it up, and if he refuses either part of it, get the police to come do their job. Be prepared to pay him only what was agreed upon in the contract if he requests it, get a detailed receipt. Ask for advice here as well: http://forums.somethingawful.com/showthread.php?threadid=3266659
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Apr 27, 2015 19:35
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Negromancer posted:This reminds me of when my dad put a lotus 7 replica he imported from New Zealand to the US on consignment at a vintage/exotic car dealer in Seattle(cosmopolitan motors maybe?, can't remember). They agreed on a bare minimum price with some sort of timeline, and the owner turned around and sent it to auction maybe a week later, where it sold for barely above the minimum price and tried to charge my dad for transportation costs/detailing/etc for sending it to auction, after he already told him sending it auction was last resort option. I think he was even trying to bill my dad for ridiculous advertising costs for the week or so before he sent it to auction. My brother prolly remembers the details better, so he might chime in with details. Pretty much how I remember it. Wish I could have bought it myself.
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Apr 28, 2015 04:18
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