Complaint Review: Harrelson Toyota Of Rock Hill

You said: "I was under the impression that "spot delivery" was illegal."

Illegal? Not in and of itself, no. Unethical, most definitely. In today's day and age with the tools we as dealers have at our disposal, the old concept of "spot delivery" is a bit pointless. You can get a worst case scenario approval nearly immediately, let the customer know the terms of that deal, and if they wish to take the car while you attempt to better it for them, well, that's their decision.

You said, "Also, as was suggested in another report if you have your required insurance on the car, go park it ON the sales managers desk!"

Ah... regardless of insurance placement, were you to smash a car through a building, you're going to be spending some time in jail. This is akin to the thread about carrying a gun into a dealership and claiming you were imprisoned and forced to shoot your way out. Like anything else, laws are in place to protect the innocent- and if you drive a car through a dealer's building, regardless of how sleazy you might think we are, you're going to be going to jail for vandalism at the least and attempted murder (or murder if you kill someone) at the worst.


You said: "I noticed this vehicle was purchased in South Carolina and the original poster is from North Carolina; I believe that would make this some sort of federal case. I am not sure which agency would handle it though."

It would still be a civil matter, not a federal. The only way it could possibly be construed as federal is if a dealer from South Carolina BROUGHT the car into North Carolina and found someone there to buy it. If you take it upon yourself to buy a car from another state it would still be a civil matter in the state you bought it.

I was under the impression that "spot delivery" was illegal.

Also, as was suggested in another report if you have your required insurance on the car, go park it ON the sales managers desk!!

I noticed this vehicle was purchased in South Carolina and the original poster is from North Carolina; I believe that would make this some sort of federal case. I am not sure which agency would handle it though.

Greetings!

I'm sorry you've found yourself in this situation, but as Cody said, it's fairly common in the car industry. I have been involved in the finance end of auto dealerships for the past 15 years and have seen a lot of people in your exact circumstances. The good news is that you do indeed have options. It's really a question of how far you're willing to go to get what you want.

Option One:

This is the most common response to what has happened to you. Simply return the car, get back all of your deposits (if any) and make sure either your file is shredded (watch them) or filed in a locked place in the dealership under 'dead deals'. Most people who are victims of the 'spot delivery' end up doing this, and quite frankly, it's what I would suggest you do. This dealer has broken faith with you, and your best solution would to NOT reward them with your business. Simply return the car, get back your money, and tell your friends who've seen the car that it turns out it had frame damage or something- this way no one thinks any less of you for a negative credit situation.

Option Two:

However, if you DO want to keep the car and are willing to put quite a lot of effort into keeping it, you have the legal right to do so. Some of what Cody said is correct, but he made one glaring error- when a dealer signs a purchase order and has a consumer sign a finance agreement, that consumer has already obtained financing THROUGH THE DEALER. The finance contract is a legally binding document forcing whoever accepts it to agree to the terms described within. How it works is the dealership acts as an agent for a lender and signs the customer on the LENDER'S contract, then gives the finance account TO the lender. If for some reason the lender doesn't approve the contract, the dealership is now responsible for accepting the payments.

That's the law, cut and dried, and assuming the dealership didn't make any errors on your paperwork, you can indeed force them to honor your finance contract and simply make monthly payments directly to the car dealer as per your contract.

If you decide to go this route, you're going to have to hire an attorney. Take your copies of the paperwork (if you were given them) to the attorney and have the attorney demand copies of the dealer's paperwork. The attorney can then check everything over to make sure it's all binding, and the dealership will have to accept your contract in-house.

Most dealers are aware of this though, and have an ancillary document called a 'Spot Delivery Agreement' or something similar. The spot agreement will basically say that if financing cannot be secured by an outside source by the dealer, the customer agrees to return the vehicle in a timely fashion or to obtain their own financing. This is a bit of a gray area, and subject to the interpretation by a judge or arbitrator, depending on which way you go to mediate the dispute. The finance contract technically supercedes other agreements, but it can be viewed either way depending on the way it's written.

So that's it, in a nut-shell. There are a lot of other little loop holes for either side in this matter, but that's something for the attorneys to deal with, not you or I. If indeed you have a printed finance agreement, signed, and a printed purchase agreement signed by both parties, you can make the dealer accept the contract and keep the vehicle.

As you can see, though, it's going to be VERY time consuming and a bit of a headache. My suggestion would be to simply return the car and get your money back. I'd try to get your own approval before visiting another dealer and force the dealer to better YOUR deal in order to obtain your business. There are a number of different lenders who take direct deals for folks with credit challenges. "What's in your wallet?" is the catch phrase for one, since I can't mention them by name. :)

Greetings!

I'm sorry you've found yourself in this situation, but as Cody said, it's fairly common in the car industry. I have been involved in the finance end of auto dealerships for the past 15 years and have seen a lot of people in your exact circumstances. The good news is that you do indeed have options. It's really a question of how far you're willing to go to get what you want.

Option One:

This is the most common response to what has happened to you. Simply return the car, get back all of your deposits (if any) and make sure either your file is shredded (watch them) or filed in a locked place in the dealership under 'dead deals'. Most people who are victims of the 'spot delivery' end up doing this, and quite frankly, it's what I would suggest you do. This dealer has broken faith with you, and your best solution would to NOT reward them with your business. Simply return the car, get back your money, and tell your friends who've seen the car that it turns out it had frame damage or something- this way no one thinks any less of you for a negative credit situation.

Option Two:

However, if you DO want to keep the car and are willing to put quite a lot of effort into keeping it, you have the legal right to do so. Some of what Cody said is correct, but he made one glaring error- when a dealer signs a purchase order and has a consumer sign a finance agreement, that consumer has already obtained financing THROUGH THE DEALER. The finance contract is a legally binding document forcing whoever accepts it to agree to the terms described within. How it works is the dealership acts as an agent for a lender and signs the customer on the LENDER'S contract, then gives the finance account TO the lender. If for some reason the lender doesn't approve the contract, the dealership is now responsible for accepting the payments.

That's the law, cut and dried, and assuming the dealership didn't make any errors on your paperwork, you can indeed force them to honor your finance contract and simply make monthly payments directly to the car dealer as per your contract.

If you decide to go this route, you're going to have to hire an attorney. Take your copies of the paperwork (if you were given them) to the attorney and have the attorney demand copies of the dealer's paperwork. The attorney can then check everything over to make sure it's all binding, and the dealership will have to accept your contract in-house.

Most dealers are aware of this though, and have an ancillary document called a 'Spot Delivery Agreement' or something similar. The spot agreement will basically say that if financing cannot be secured by an outside source by the dealer, the customer agrees to return the vehicle in a timely fashion or to obtain their own financing. This is a bit of a gray area, and subject to the interpretation by a judge or arbitrator, depending on which way you go to mediate the dispute. The finance contract technically supercedes other agreements, but it can be viewed either way depending on the way it's written.

So that's it, in a nut-shell. There are a lot of other little loop holes for either side in this matter, but that's something for the attorneys to deal with, not you or I. If indeed you have a printed finance agreement, signed, and a printed purchase agreement signed by both parties, you can make the dealer accept the contract and keep the vehicle.

As you can see, though, it's going to be VERY time consuming and a bit of a headache. My suggestion would be to simply return the car and get your money back. I'd try to get your own approval before visiting another dealer and force the dealer to better YOUR deal in order to obtain your business. There are a number of different lenders who take direct deals for folks with credit challenges. "What's in your wallet?" is the catch phrase for one, since I can't mention them by name. :)

Greetings!

I'm sorry you've found yourself in this situation, but as Cody said, it's fairly common in the car industry. I have been involved in the finance end of auto dealerships for the past 15 years and have seen a lot of people in your exact circumstances. The good news is that you do indeed have options. It's really a question of how far you're willing to go to get what you want.

Option One:

This is the most common response to what has happened to you. Simply return the car, get back all of your deposits (if any) and make sure either your file is shredded (watch them) or filed in a locked place in the dealership under 'dead deals'. Most people who are victims of the 'spot delivery' end up doing this, and quite frankly, it's what I would suggest you do. This dealer has broken faith with you, and your best solution would to NOT reward them with your business. Simply return the car, get back your money, and tell your friends who've seen the car that it turns out it had frame damage or something- this way no one thinks any less of you for a negative credit situation.

Option Two:

However, if you DO want to keep the car and are willing to put quite a lot of effort into keeping it, you have the legal right to do so. Some of what Cody said is correct, but he made one glaring error- when a dealer signs a purchase order and has a consumer sign a finance agreement, that consumer has already obtained financing THROUGH THE DEALER. The finance contract is a legally binding document forcing whoever accepts it to agree to the terms described within. How it works is the dealership acts as an agent for a lender and signs the customer on the LENDER'S contract, then gives the finance account TO the lender. If for some reason the lender doesn't approve the contract, the dealership is now responsible for accepting the payments.

That's the law, cut and dried, and assuming the dealership didn't make any errors on your paperwork, you can indeed force them to honor your finance contract and simply make monthly payments directly to the car dealer as per your contract.

If you decide to go this route, you're going to have to hire an attorney. Take your copies of the paperwork (if you were given them) to the attorney and have the attorney demand copies of the dealer's paperwork. The attorney can then check everything over to make sure it's all binding, and the dealership will have to accept your contract in-house.

Most dealers are aware of this though, and have an ancillary document called a 'Spot Delivery Agreement' or something similar. The spot agreement will basically say that if financing cannot be secured by an outside source by the dealer, the customer agrees to return the vehicle in a timely fashion or to obtain their own financing. This is a bit of a gray area, and subject to the interpretation by a judge or arbitrator, depending on which way you go to mediate the dispute. The finance contract technically supercedes other agreements, but it can be viewed either way depending on the way it's written.

So that's it, in a nut-shell. There are a lot of other little loop holes for either side in this matter, but that's something for the attorneys to deal with, not you or I. If indeed you have a printed finance agreement, signed, and a printed purchase agreement signed by both parties, you can make the dealer accept the contract and keep the vehicle.

As you can see, though, it's going to be VERY time consuming and a bit of a headache. My suggestion would be to simply return the car and get your money back. I'd try to get your own approval before visiting another dealer and force the dealer to better YOUR deal in order to obtain your business. There are a number of different lenders who take direct deals for folks with credit challenges. "What's in your wallet?" is the catch phrase for one, since I can't mention them by name. :)

Greetings!

I'm sorry you've found yourself in this situation, but as Cody said, it's fairly common in the car industry. I have been involved in the finance end of auto dealerships for the past 15 years and have seen a lot of people in your exact circumstances. The good news is that you do indeed have options. It's really a question of how far you're willing to go to get what you want.

Option One:

This is the most common response to what has happened to you. Simply return the car, get back all of your deposits (if any) and make sure either your file is shredded (watch them) or filed in a locked place in the dealership under 'dead deals'. Most people who are victims of the 'spot delivery' end up doing this, and quite frankly, it's what I would suggest you do. This dealer has broken faith with you, and your best solution would to NOT reward them with your business. Simply return the car, get back your money, and tell your friends who've seen the car that it turns out it had frame damage or something- this way no one thinks any less of you for a negative credit situation.

Option Two:

However, if you DO want to keep the car and are willing to put quite a lot of effort into keeping it, you have the legal right to do so. Some of what Cody said is correct, but he made one glaring error- when a dealer signs a purchase order and has a consumer sign a finance agreement, that consumer has already obtained financing THROUGH THE DEALER. The finance contract is a legally binding document forcing whoever accepts it to agree to the terms described within. How it works is the dealership acts as an agent for a lender and signs the customer on the LENDER'S contract, then gives the finance account TO the lender. If for some reason the lender doesn't approve the contract, the dealership is now responsible for accepting the payments.

That's the law, cut and dried, and assuming the dealership didn't make any errors on your paperwork, you can indeed force them to honor your finance contract and simply make monthly payments directly to the car dealer as per your contract.

If you decide to go this route, you're going to have to hire an attorney. Take your copies of the paperwork (if you were given them) to the attorney and have the attorney demand copies of the dealer's paperwork. The attorney can then check everything over to make sure it's all binding, and the dealership will have to accept your contract in-house.

Most dealers are aware of this though, and have an ancillary document called a 'Spot Delivery Agreement' or something similar. The spot agreement will basically say that if financing cannot be secured by an outside source by the dealer, the customer agrees to return the vehicle in a timely fashion or to obtain their own financing. This is a bit of a gray area, and subject to the interpretation by a judge or arbitrator, depending on which way you go to mediate the dispute. The finance contract technically supercedes other agreements, but it can be viewed either way depending on the way it's written.

So that's it, in a nut-shell. There are a lot of other little loop holes for either side in this matter, but that's something for the attorneys to deal with, not you or I. If indeed you have a printed finance agreement, signed, and a printed purchase agreement signed by both parties, you can make the dealer accept the contract and keep the vehicle.

As you can see, though, it's going to be VERY time consuming and a bit of a headache. My suggestion would be to simply return the car and get your money back. I'd try to get your own approval before visiting another dealer and force the dealer to better YOUR deal in order to obtain your business. There are a number of different lenders who take direct deals for folks with credit challenges. "What's in your wallet?" is the catch phrase for one, since I can't mention them by name. :)

I am sorry to hear about the trouble you are having. Unfortunately, what you have here is a no win situation. I was in the car business for 3 years and got out, mainly due to getting a much better salaried job, but also because I could not stand the nature of the business.

The paperwork you signed, sadly does not mean anything until the finance company accepts and books them.

What the dealer was doing is taking you off of the market to buy them time to try and get your deal bought by a finance company.

What happens is a customer comes in, with not so great credit. The dealer knows that if they do not get you in a vehicle, you will continue to shop until someone does put you in one.

So, even though they know they won't be able to get you the rate you want, they will put you in the car, in the hopes you will become attached to it and not want your old trade back. This works alot of the time and people will take the bait and pay a much higher interest rate.

Please keep in mind, that they will get you a better rate if they can, but chances are due to credit history, they cannot.

It does not matter what dealer you go to, they all use most of the same lenders. Once a dealer submits your credit report and a call is made by a lender, they cannot go against that call, just because you go to a different dealer. They cannot give preferential dealer treatment.

What ends up happening alot of times is customers being ignorant to that fact will go from dealer to dealer to dealer to dealer, ad naseum, allowing each to pull their credit and it eventually ends up just hurting the consumer more than anything.

Typically your credit union is your best chance to be treated fairly. If for some reason(credit) they will not help you, then chances are that higher dealer(sub-prime) is your best option, sadly.

I hope you don't take any of this as an attack on you, just trying to explain things and provide info. on what is most likely happening.

Good Luck!