Should I Push to just return the car.

[Properstyle]

So if you have seen my build thread I purchased (financed) a 2009 e90 Jerez black m3 back in January. I have been waiting on my car to be registered since. I've received 4 temp tags, in state of Florida a dealer can only give you up to 4, well I'm now in the 6th month since the purchase and now have a dealer tag plate, still waiting on my car to get registered. I have been up at the dealership of have called almost every 2 weeks. This Saturday while I was out rolling fenders on car I received a call from the sales rep that I had been dealing with who told me that I needed to come up to the dealership and basicly threaten the company president to tell USAA (finance company) to pull the check back on the car. This dealer ship is ATW auto group in Hollywood Florida, majority of the cars sold here are more exotics or 100k plus cars so my m3 looks like more of a civic compared to the normal inventory. I am not an expert with Florida laws but I believe this is a violation of good faith regarding a vehicle purchase. USaa has called me twice asking for the title, and the insurance side of the company has also called because the car is not showing as being registered.

tomorrow I will be calling USAA to express my concerns, yes it will be a pain to have to return the car to stock to turn it in but at this point I'm kinda fedup with this nonsense.

[bkdore]

Check the Carfax to see where the car was previously titled and see if you can find out if the title still has a lien on it or some other defect. It's possible the previous owner sold the car without paying it off or the dealer you purchased it from didn't pay the auction house yet. With the time and money you've put into the car you should at least investigate what the problem is before giving it back.

[Properstyle]

Originally Posted by bkdore

Check the Carfax to see where the car was previously titled and see if you can find out if the title still has a lien on it or some other defect. It's possible the previous owner sold the car without paying it off or the dealer you purchased it from didn't pay the auction house yet. With the time and money you've put into the car you should at least investigate what the problem is before giving it back.

the car was a trade in at the dealership I bought it at. The likley case is the dealer hasn't paid the car off. I bought the car a week after it was traded in.

[Properstyle]

Really looks like I am going to need to get a lawyer as usaa can't do anything because they legally aren't a lein holder yet.

[bkdore]

Can you call the DMV and see if the previous(current) title has a lien on it?

[Platinum Child]

Sorry to hear this, hope you get it figured out. Can't imagine if it happened to me and had to bring the car back

[RobertEvans]

if its not registered to you, then that means its not in your name (you don't own it)....pull your financing and park it on the dealers lot.

['Cane]

You've been making payments since January? Well, if USAA says they're not the lien holder yet, get them to send you check for the payments you have made, return the car to stock, then return the car to the dealer. There are plenty of E90 M3s out there.

[mjposner]

I am a lawyer in South Florida, perhaps I can help. mjposner1@gmail.com. Send me the vin too.

[X5-User]

Originally Posted by mjposner

I am a lawyer in South Florida, perhaps I can help. mjposner1@gmail.com. Send me the vin too.

since you are a lawyer, why not start a class action against BMW for rod bearings? sorry to thread jack you OP

[avantegardestyle]

Originally Posted by Bimmer-M3

since you are a lawyer, why not start a class action against BMW for rod bearings? sorry to thread jack you OP

I LOLed.........

[buffstocover]

How would he just "pull" his financing? Lender has already cut a check. He signed the note I'm sure. No way the lender will mail back his payments. Many loans impose a duty on BORROWER to ensure titled owner is lender. Likely the issue lies in the dealer's title fulfillment dept. they probably paid off or thought they paid off another lender who was supposed to release title, and it's lost or was never released. In any event, from the little info provided, your first move is probably be to get after that dealer/seller to produce title immediately or buy the car back (pay off your loan) plus any remainder refund.

[Seattle M3]

This is illegal. A dealership has a period of time, usually 45 days to register the vehicle in your name and perfect USAA's lien. You have a right to demand your vehicle gets titled, the dol or attorney general is who I would look to for enforcement. As far as USAA not being able to do anything, this is BS, the dealer cashed the check which would have been vin specific and said on the back, that by cashing it the dealer agrees to perfect their lien. Sounds like a pretty fraudulent act to me...

[nickl630]

30 days is the law in most states... after that the car is subject to arbitration (return)

Most likely there is an issue getting or duplicating the title from the previous seller/lienholder and your dealership has yet to even see it/cares about it

[Properstyle]

Originally Posted by nickl630

30 days is the law in most states... after that the car is subject to arbitration (return)

Most likely there is an issue getting or duplicating the title from the previous seller/lienholder and your dealership has yet to even see it/cares about it

Originally Posted by Seattle M3

This is illegal. A dealership has a period of time, usually 45 days to register the vehicle in your name and perfect USAA's lien. You have a right to demand your vehicle gets titled, the dol or attorney general is who I would look to for enforcement. As far as USAA not being able to do anything, this is BS, the dealer cashed the check which would have been vin specific and said on the back, that by cashing it the dealer agrees to perfect their lien. Sounds like a pretty fraudulent act to me...

Usaa isn't a lien holder so legally the can't go after the dealer, the loan is some cases reverts to a personal loan and a interest rate of 18 percent or what ever you would have qualitfied for is attached to the loan. Sucks but it's the truth. Thankfull uSAA isn't trying to do this because I contacted them first.

Originally Posted by buffstocover

How would he just "pull" his financing? Lender has already cut a check. He signed the note I'm sure. No way the lender will mail back his payments. Many loans impose a duty on BORROWER to ensure titled owner is lender. Likely the issue lies in the dealer's title fulfillment dept. they probably paid off or thought they paid off another lender who was supposed to release title, and it's lost or was never released. In any event, from the little info provided, your first move is probably be to get after that dealer/seller to produce title immediately or buy the car back (pay off your loan) plus any remainder refund.

The dealer never paid of the preexisting loan is what i've come to find out in the last 24 hours. They took the vehicle in on trade, never paid off the other loan (likley making payments toward it) and sold me the car taking my check from usaa to fund other cost at the dealership

[buffstocover]

Borrowing from Peter to pay Paul, I think that's what that's called. Bernie Madoff style.

Terrible--really sorry. You should get an attorney and act quickly. It might be the case that more than one person, including yourself, ends up chasing a shrinking pot of gold.

[YolkyPalky]

Sounds like a clusterf**k from a shady, slimy dealership operation. Next time I would try to buy from a private individual or if you go the dealership route at least go through a BMW dealership.

Having said that, I bought my E90 M3 from a Benz dealership, some dude didn't like the M3 and after 4k miles traded it for a C63AMG. But I would hate to deal with a one-off, shady dealership because of reasons like the one you are experiencing.

[whats77inaname]

Originally Posted by Properstyle

The dealer never paid of the preexisting loan is what i've come to find out in the last 24 hours. They took the vehicle in on trade, never paid off the other loan (likley making payments toward it) and sold me the car taking my check from usaa to fund other cost at the dealership

What. The. HELL. I'd contact a local news reporter and jalopnik and tell this story. Nothing like a little bad publicity to get things rolling. This could easily be a viral story

[s85e90]

Sounds like a good dealer. Go there park the car on the street with writing on the side of what a fuck up that dealer is and maybe it will get taken care of quicker. Or call the news, help me Howie.

[crypticc]

Surely publicity is the last thing he wants if he wants the money back. Legal route so he gets his dues, and then let the world know to stay away

[Properstyle]

So update to the issue. I FINALLY GOT MY TITLE thank freaking God

So here is the background. The salesman that I bought my car from, was selling his wifes old m3 through the company, no harm in that. I came in and purchased the car the day it was posted.

He took the check that was made out to the company and gave it to the fiance manger who in return gave him a check for payoff so that the title would get set to usaa after the US bank lien was cleared. This is where shits got hairy if you will.

The sales man took the payoff check which was made out to him ( fiancer/owners mistake) and cashed it in to his own bank and never paid my car off. He was recently let go from the company last month which is why he called me and told me to go up to the dealer. He ran a game on everyone. His replacement came in to pick up the pieces and basically told the owner of the company that he had screwed up giving the sales rep a check in his name instead of sending the wire him self to the bank to get the title. So the dealer now had to pay the money again. which of course they were not happy about and a criminal suit has been filed against the previous sales rep. The bank got the wire, and released the title electronically, the dealer called and had me come speak with them with the bank of the phone so everything was verified. I got my tag and registration Saturday. Thank god this crap is over. I learned a lesson when dealing with a smaller dealership to always now ask for proof of title on hand.