I went to Bill Heard Chevy on 11/05 to look at a *02 Chevy Silverado ext cab for my husband. I had the internet ad printed and brought it with me. Chris Brock, a new salesperson, let me test drive the truck and I was pleased with it.
Terry Gilmore, the sales mgr came in to help with the negotiating of the sale price. I told him that Dana stated that $500 would be taken off of the internet sales price and Terry went back and forth about some crap about having a new car website and a used car website and that the $500 off was only for the new car site. When i told him if he didn't take the $500 off, i would leave, he agreed bringing the price down to $22365.
I told Terry and the Chris that I had already been preapproved by my credit union for 22k. I told him that I needed a bill of sale to present to my credit union and I would return on 11/06 with a check from the credit union. Chris gave me the speech about the dealership selling so many cars and suggested that I write a check for the entire amount of the vehicle to secure its safekeeping until i returned the following day. So no, I did not take the car home, nor did I receive any keys.
The finance mgr prepared all of the paperwork and I signed all of the documents as if I were purchasing it at that very moment. I gave the finance mgr the check and he told me that when I returned on 11/06 that I could present my check from the credit union and that my personal check would be returned.
Now here's the good part. I called on 11/06 to advise Chris that my credit stated that the loan to value was too high on the truck (so basically the dealership was overcharing me). I called Chris and left a msg stating that I would like for him to destroy the paperwork b/c my bank had not approved the loan for that vehicle. Chris said that was not an option for me and that I had already purchased the truck and that if I didn't get some other financing that my check would be presented to my bank and if funds were not available, the dealership would issue a warrant for writing a bad check.
I immediately asked for the finance mgr but got Terry Gilmore (the evangelist) instead. Terry stated that I could not cancel the deal. (Don't be deceived by the evangelist, he's not as honest as one would appear) I told him that I thought the sale was pending approval of the loan and if the loan is not approved the transaction is automatically voided. He told me "NO" you are obligated to purchase this truck. You have already purchased it and you need to come back up here so that we can work something out. I told him that I would not be coming and that maybe I should contact an attorney. He was outraged and said "don't go calling your attorney b/c I can get all of our attorneys and we'll see who wins".
It is now 11/07, one day later. I don't know what is going to happen. I've read the GA code list for bad checks and if I interpreted it correctly a warrant for a bad check could not be issued if both parties were aware that the check could not be honored (which both parties did) and goods or services had to be exchanged (I never took possession of the truck or keys).
What is going to happen? I've had people in the car business to tell me that they are just using "scare tactics" and they have no legitimate claim to my money since I never actually took physical possession of the truck or the keys.