Toyota South Atlanta Failed to Obtain Legal Signature/ Sold trade without Signature/Did not pay off Trade as agreed Morrow Georgia
On September 18, 2017, I visited the Toyota South Atlanta car dealership to inquirer about a pre-approval letter I'd received in the mail. Upon arrival, I recognized a young guy, with whom I'd attended college. The pre-approval letter stated to ask for Bruce Benn, the general manager. Bruce realized that the salesman and I were aquainted and stated, " Let Christopher help you." Christopher and I began talking and I explained to him that I was just checking to see what the notice entailed. I had a potential trade; a 2010 Honda Accord LX, yet I had a co-signer on the vehicle, and I really wasn't sure if I needed a co-signer for a new vehicle or not. Bruce and Christopher went out to assess my Honda. Christopher returned and stated that I had negative equity. He proceeded to call the leinholder of the Honda, Sierra Auto Finance, to find out the complete pay off price of the vehicle.
Next, Christopher says, "Let's look at a car." We look at a 2017 Toyota Yaris. I'd told Christopher, I really wasn't interested in purchasing a $20,000 dollar car, but was interested in a Jeep that I'd seen on their pre-inventory website. Also, I was really just interested in seeing whether I was eligible to purchase a vehicle without the presence of a co-signer or not. He asked me to fill out paperwork regarding my employment and begin explaining documents about Lemon Laws and asked me to sign them. He took the paperwork I'd signed to the General Manager and I was asked to wait. He returned and told me I was approved and they were giving me extra monies for the price of the trade. Before long, I was in the finance officer, Thomas Dortch's office. As I was signing paperwork for the Yaris, Mr. Dortch said he needed the signature of my co-signer for the sale; however, they let me leave without it. They asked for an addressed for which to FedEx the documents.
After a day or two, I received a text from Christopher stating that they never received the paperwork back and the I needed to reach out to the co-signer because they were running out of time. I'd stated that I was not in contact with the individual due to safety reasons and would likely not contact him. At this point, Christopher asked me to sign the documents on behalf of the co-signer. I'd told him that I had an upcoming court date and could possibly take the papers to court and ask him to sign. Thirty days to the day of my visit, a different finance officer called asking me to come in and I did. When I arrived a manager came to me and stated that he advised against me signing the paperwork and to take the paperwork to court. Shortly after, I was approached by Christopher who stated that the manager wasn't supposed to intercept the paperwork. Christopher later sent a text message suggesting that if he scanned the paperwork could I sign and send it back; against his supervisor's advice or wishes. I declined.
When I asked for an extension on the tag to the vehicle because in order to obtain the signature I would have to go to court, which was four days after the expiration, I was told that I needed to go to the local tag office and request an extension. However, the sale for the car remained incomplete due to the missing signature and I expressed that this was the dealership's responsibility to Christopher. Christopher replied that it was my responsibility and that I was the owner of the car. I sent an email to the manager requesting the return of my vehicle and later spoke to Bruce about the harrassing texts I'd been receiving from Christopher and about the tag expiring and that since the sale had not been completed prior to the expiration, I just wanted my Honda returned. Bruce stated that at this point my car had been sold and that if they didn't receive the signature from the co-signer after the court date, that they would pursue legal action against the co-signer. But the co-signer, expressed no interest in the purchase of the new vehicle.
Upon further investigation, I contacted the leinholder of the Honda and was told that Toyota South Atlanta failed to render payment for the Honda, but per the manager, it had been sold. Additionally, they stated that the co-signer and I are currently past due on the payments. Another attempt has been made to all of the location's managers requesting my trade back because no signature will be obtained from the co-signer at this point. I have not received a reponse.
3 Updates & Rebuttals
SB
Scottsdale,Arizona,
United States
Phero Psucho Thanks for responding to the complaint
#4Consumer Comment
Tue, November 07, 2017
Thanks for responding to the complaint. It’s hard to find people in the auto industry that’s willing to respond to complaints that of been posted I would like to touch base with you and talk to you about some of the options your company has with the complaints out of me posted
Phero Psucho thank you very much for responding to this particular person’s complaint . I will give you a call in the next couple of days let’s talk about this and I’ll show you some options SB reputation consultant
Phero Psucho
Hampton,Georgia,
United States
Comments Appreciated
#4Author of original report
Mon, November 06, 2017
You mentioned a few things, that I could possibly see I'd done wrong, like leaving there without the co-signer's signature to complete the sale, but I did not lie to them. The finance officer stated that they would FedEx the paperwork to the co-signer. After two failed attempts, I remained cooperative but was then asked to forge the co-signer's name. That's when I'd realized I'd made the mistake. But it was the dealer that offered me a higher pay off amount for the trade so that they could tack on the remainder to the new car loan; thus I also learned later. However, at no point did the dealership say, we were unable to obtain a signature, please return the car. Instead they've placed blame upon me and claimed they sold my car. After being under immense pressure to obtain a signature, 30 days past the sale date might I add, I offered to try another attempt for the signature on my own. That's when they offered me an extention on my dealer tag. Now, the manager is saying I can have the trade back, but he has me bound to a contract with the new vehicle. But if that were the case, the new vehicle comes with tax, tag, and title in the price. Why haven't I received my tag? Yet, they finally offered me an extention on the tag when I offered to try another attempt for the Signature on my own. I haven't received a tag because they can't complete the sale without the signature. Furthermore, they can't sell the trade without it either. And if they were to have me in a contract for the new car, it states the trade value and would still need to be re-drawn to be valid. At this point, I'm telling everyone I know because the whole operation is a jungle of beasts preying on anyone because they are slaves to capitalism. But if they had half the customer service they wouldn't need to plot and scheme for a sale. I digress. Thanks for your comments. Btw, the Jeep was slightly above what I owed on Honda, so not too expensive.
MacaroonX
Virginia,United States
Not quite right
#4Consumer Comment
Mon, November 06, 2017
I'm glad that you reported most of what happened in detail, which should warn other readers on this kind of illegal/unethical activities inside a dealer. Some of the people (Christopher and Thomas) there are for money, but some (Bruce) are trying to follow the rules/laws.
That's said, a big part of what happened to you is your fault, and it is not all the dealer's fault as the way you wrote your report.
You stated that 1) you were informed that your traded in would be negative due to the lien, 2) you just wanted to know what the deal was and you did not intend to trade in the car anyway, and 3) you also stated that you did not want Yaris but wanted to look at a Jeep (which should be more expensive). However, Your action already demonstrated otherwise. This is the first and major mistake you did. You not only signed those documents but also went into their finance office for negotiation and signed even more documents. I don't believe that you went to buy your previous car alone because you had a co-signer (possibly your ex). Thus, you can't claim to be innocent innocent and have no idea about the car buying process.
Second fault came when you walked out of the office without co-signer signature. I don't believe that they just let you leave the place with the car and no signature because the deal wasn't completed. The fault on this part, I believe, is for both of you and the dealer. The dealer was expecting that you would get the signature from your co-signer. And you knew before hand that you might not be able to get the signature but wanted the new car, so you lied to them.
Now because the buying sale contract is incomplete. You do not own the car and you will have to return the car to them unless you could complete the contract in time by getting the co-signer signed the documents. I still doubt that you will keep the car. Nothing you can do with the expired temporary tag.
I highly doubt that they could sell your old car legally unless the trade-in contract is a separated entity. If it is not, then you may have some legal ground with them. Though, I am quite cirtain that they separated the contracts regardless what they had to pay to your lien holder because they have been in the business for this long.
At least I have to applaud you that you gave details of what happened. I hope your situation would help others in some way.