Germain Toyota Of Sarasota ripoffs single mom buying sons first car Sarasota Florida

I am sure if F@I thought you would not get financed you would not have been spotted the car. There might have been credit problems for both siners or co-owners that caused this as well as a mistake by getting rid of car. There is a spot delivery disclaimer you signed. If you wanted you could have declined and waited for approval. 90% of Dealers spot deliver cars. If credit were not an issue there would be no problem. This is your problem not Germain's. They pay bills on time.

Basically what happens is this; the F&I manager runs your credit report and makes a call as to the ability to get a bank to buy the deal. If he feels he can get it bought they will do a spot delivery before a bank approves the loan.

The next day the F&I manager will make contact with all of his "buddies" at many finance companies. Thinking he made the right call as to getting you approved, it falls through and none of his banks will buy the loan. At this point, the dealership will not be funded for the vehicle sold to you. The dealership is in pickle because if you push it, you will win in court unless there is a doc stating that the deal is pending financing.

You have signed all docs, title has been transferred, registration complete etc. this can become the dealerships problem if you refuse to return the unit and you have proof of ownership.

To qualify my comments, I am a multi-dealer principle. We NEVER engage in spot deliveries. If your credit score is 850 at 8 PM, you will have to wait until we have a lender approve the funding. That is the only way we deliver. Spot delivers are unethical and can cost the customer; banks and most importantly, the customer undo distress.

It seems that it is to late in the game to save yourself. If you had the title app, purchase agreement, finance agreement etc. The car was yours.

Ultimately, it's up to a judge to decide if your son really did relinquish all rights in the matter.

E.g. there's a similar disclaimer on the backs of tickets to sporting events, tourist attractions, etc. That apparently hasn't stopped people from filing lawsuits, and sometimes winning.

I cannot sue them, because in order to cash the check for $500.00 that they did give us back, my son had to sign their paper that said he would not try to sue them, or bring any legal action on them.

It also stated that MY SON, not me, would refrain from talking about this matter and making it public . They put that in there because I was listing them on the state websites for fraud with the DMV, and consumer affairs department and better business bureaus.

I tried to contact the state attorney also on this matter.

The "rental" thing is bogus and even if you had signed papers agreeing to it it would be illegal in many states. When they choose to give you the car before financing is approved the dealer assumes the risk of not being able to sell the finance contract later.

You deserve all your money back. If they can't return your trade in car they have to give you the amount of money specified on the contract as the trade in allowance.

Based on the information you gave in your complaint I think you should sue them - most likely in small claims court. Unfortunately a situation such as this happens from time to time when a dealership's finance department is unable to locate a finance company to accept the loan for a given car sale (various factors such as low income cause this). However, a reputable dealer would not dispose of your trade-in car until after they knew they had firm financing in place with a lender for you to make your payments to.

Perhaps it would be worthwhile to sue them for: 1. Whatever value you can come up with for the trade-in vehicle (see if you can locate a Kelly Blue Book). Do you have any pictures of the old vehicle? Take them to court with you. 2. The remaining $1,500 downpayment, as they have their car back but you have nothing - they assumed the risk of letting you take the car of the lot before it was financed, so they knew that some amount of miles would be put on it - it's not your fault they took so long to decide they could not arrange financing. 3. If your check for the first payment was cashed, include that amount as well.

Good luck!