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Critter · 11-07-2012, 10:26 AM

I just received a call last night from the finance company that carries the loan on an RV that I traded in to a dealer. The RV dealer was supposed to pay off the loan on my trade-in, but hasn't.....and its been 48 days. It looks like I'm going to have to keep paying the loan on an RV that I don't have (or own) anymore to keep any negative marks from appearing on my credit -- which really, really sucks. The dealer hasn't registered the new RV that I bought from them with the DMV yet, either.

Is there an agency responsible for governing the activity of these types of dealerships that I can contact to motivate the dealer to pay the loan?
Any help or advice forum members can give is greatly appreciated.

BTW, the dealership is governed by the laws of California.

kalynzoo · 11-07-2012, 10:49 AM

California, SUE, it is the states number one sport.
Truly, I would at least consult with an attorney for protection in case the dealership is about to go into default.
Dealerships require a DMV license to purchase or sell new or used vehicles for a profit. The Better Business Bureau may help especially if the dealership is a member. One problem is that many dealerships operate multiple businesses under the same roof. Repairs, new sales, used sales, consignments sales may each be a seperate corporation or LLC. If a bankruptsy was established Small Claims may be useless.
Therefore, I would at least consult with an attorney.
Good Luck

slickest1 · 11-07-2012, 11:03 AM

Sorry to hear of your problem. Have you confronted the dealership on this matter? I would ask to talk to the owner or whoever is in charge and ask what the problem is. If they are lax about getting it done they should be responsible for any interest or penalties accrued. If that doesn't get you anywhere then I would talk to an attorney like said above. I would also show the finance company a copy of the sales agreement. Good luck.

RustyJC · 11-07-2012, 12:25 PM

If you talk to the dealership, you might advise them that your next phone call if this isn't resolved immediately will be to the California Attorney General's office. If that doesn't wake them up, make the call. They have a business fraud section, I suspect.

The dealer is just playing the cash flow game. The longer he can delay paying off the note, the longer he can hold onto his cash or avoid having to finance the payoff on his floor plan line of credit. As long as he can play with your money (which is what he's doing), it's money in his pocket. Sounds like it's time to call his hand.

Rusty

D in Davie · 11-07-2012, 12:49 PM

RustyJC gave you the best advice. You might also look into the local media to see if they have a consumer reporter who can shine some publicity on this problem. Just remember that this guy will get away with this fraud only if you let him.

UFO Pilot · 11-07-2012, 12:54 PM

Did you report the sale of your trade-in to the DMV or rely on the dealer to do it? I always get a copy of the report of sale and turn it in to the CA DMV myself. It may not help with the bank but it will cover you on traffic violations etc.

SylviaCub · 11-07-2012, 01:14 PM

Oh man that is just awful. I hope the rig you bought was a new one and not a "gently used one." If it's used I would do some research and find out if the previous owner has or had the same problem with the dealer

Critter · 11-07-2012, 02:59 PM

Thanks for the helpful replies. I found out that I can file a "dealership investigation report" with the DMV ...if anyone else is following this thread and is in the same boat as I, just google "form INV172A" and you will find it.

RustyJC is absolutely right. With a little help from a few search engines, I found that this dealership has pages of complaints from of this type of activity, dating back several years. My guess is that they continue to get away with it because it isn't easy (or affordable) for victims to follow through with legal action.

dieselclacker · 11-07-2012, 03:13 PM

You need to inform the dealer that you are going to take your situation to the DMV and the Ca State Board of Equalization. Its the dealers responsibility to report the sale to the Board of Equalization, they are among other things, the ones that collect the sales tax for the transaction, the DMV collects license and registration fees, the dealer will want to keep on the good side of both agencys.

Tha_Rooster · 11-07-2012, 03:21 PM

People don't realize that just because you trade something it does not get you off the hook from the previous loan. It happens all the time especially in those less than not so good dealerships.

Dutch Star Don · 11-07-2012, 03:51 PM

Is it McMahon's......if so, it won't be the first time! I think the last person who reported the same issue chased them for a long time. I believe his took 45 days before they paid.

vsheetz · 11-07-2012, 03:57 PM

I have been here before with an auto I sold on consignment via a dealer. Make a call to the dealer demanding the loan be paid by noon the next day. If not paid contact an attorney and have a demand letter created with a one or two day limit and advising your next action will be to contact the district attorney office and file charges.

The demand letter from the attorney is as far as I had to go. The dealer paid the lender 15 minutes before his deadline.

Good luck. Be stern and follow through with want you say you will do.

doc · 11-07-2012, 04:34 PM

The financing agency, whether bank or other institution has your name on the contract to make the payments. If you fail, then the RV is subect to repo. An interesting scenario would be if you failed to pay and the company located the RV and went to the dealership and repo'd it. Would serve the dealership right.
Other question is > Does the dealership still have your old RV or has it been sold. Felony in Georgia to sell a property before the first lien holder is paid off in a situation like you describe

Critter · 11-07-2012, 05:29 PM

Some great advice has been given -- thank you. I lov doc's thinking ... unfortunately, i have great credit and wouldn't want to trash it so that my old RV gets repo'd -- but it made me laugh.

I did make a call to see if the extended warranty that was purchased with my new RV was active .... and guess what? The funds for that warranty purchase haven't been forwarded to the warranty company by the dealership, either.