Gwatney Buick GMC-Sherwood, AR Shady business dealings Sherwood, Arkansas
I went to Gwatney in November 2010 to get a new car. At the time, I drove a 1999 Ford Explorer. The sales person told me that I would not be able to get the car that I wanted unless I traded in my Explorer. I still owed a small amount on it, and was told that they would pay it off and the excess would be used for my down payment.
After driving the car for over a month, i was told that the financing was not approved and I would have to return the car. When I arrived back at the dealership, they told me that the Explorer had been sold and proceeded to put me in another car. This was in December 2009.
Fastforward to January 2011, I receive a call stating that I needed to come in and sign more papers, or I could return the car. I drove 100+ miles and signed the papers. Fastforward to March 2011, I receive another call stating that I needed to come in and sign papers or I would have to return the car.
For those of you who do not know, in the state of Arkansas, you are issued a "temporary tag" for 30 days after purchasing a used vehicle. I was in possession of the current vehicle for 30+ days, so the tag had expired. So, after receiving their latest "sign or return the car" threat, I notified them that I had no way of making the 100+ mile trip, seeing as though I had no licence/registration for the car due to their failure to obtain financing. I politely asked if the papers could be sent to me and I would return them. I received no answer.
A few days later I received a call from a general manager stating that If they did not get the car back, they would report it as stolen. I politely told this man that they were more than welcome to come and pick up the vehicle, but they were going to have to return the money that I had given them as a down-payment and compensate me for my Explorer, because they should not have sold it (or let me drive off the lot in a brand new car if they had not secured financing for it.)
Fastforward approximately 2 weeks later, I received a call stating that the car had been sold to a bank and that they needed to know the location of the car so that they could pick it up. The car was picked up, yet I received none of my money back. I called the dealership and requested the money back and was told that it would be mailed to me. So far, I have not received anything from them.
2 Updates & Rebuttals
Robert
Irvine,California,
U.S.A.
Spot Delivery
#3Consumer Comment
Wed, April 06, 2011
First I am figuring that you meant December 2010 not 2009.
It sounds like they did a "Spot Delivery". That is they let you take the car in the hopes of getting you financed. This is a valid tool used by dealers at times when banks are not open(such as weekends or evenings). If they are a reputable dealer(and there are some) this is really no problem and usually transparent to the buyer.
However less reputable dealers use this to their advantage. They tell you that you are approved at a very good rate/monthly payment/down payment, even though they know there is no way they can get you those terms. You take the car home and a few days(or weeks) later they call you and tell you that you have to come back and sign more papers. When you go back they tell you the "bad news" in that you either need to accept less favorable terms such as higher rate, downpayment, co-signer, diffferent(worse) car. Or you need to give the car back. The hope being since you already have the car you will agree to this.
Unfortunatly(for you) in the loan agreement you signed you give them the right to canel the deal if they can't get you financed. Most likely there was also a provision that states that if you are not approved they can charge you a "rental fee" for the time you had the vehicle. This almost guarantees that any downpayment you gave them is going to be used for that. Meaning at the end of the day you have just paid a lot of money to "rent" a car for a few weeks.
Now the one thing that may be an issue is that they sold your Explorer BEFORE they got you financed. At the very least it seems like it made you feel that you were forced to accept their change. This may be an issue and depending on the exact laws in your state that may have "completed" the deal you originally signed.
coast
USANo way
#3Consumer Comment
Wed, April 06, 2011
You bought the car in November 2010 but the financing was declined in December 2009. That is not possible. 13 months later in January 2011 you signed papers for the car. That seems rather odd.