[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 or 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 telling him USAA (finance company) would 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.


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.

[Maestro]

First why is it taking so long to registering the car, what it the specific issue. I have bought cars in a couple of states, never FL and got the car registered the same day the title issued by the state in a couple of weeks.

I am not sure what the issues is here.

I am not even sure you could drive around with a dealer plate. I suspect if you got in an accident there is be issues to be paid. You could be looking at a world of hurt if something happen without a valid registration.

If I was you I would demand it be resolved today or else. They are putting you at serious risk at this point since there is no proof you own the car.

[ShocknAwe]

Go to the dealer and demand the title in person that day. If they wont or drag their feet in any way, lawyer up.

[David70]

As said above, what is the problem? Only thing I could see holding up the process this long is they don't actually have the title yet.

I also don't see using a dealer tag being a good idea. You get stopped for speeding or something else, they ask for the registration, you don't have one, they ask if you own the car (kind of but you don't have the title), they ask if you work as a dealer, you say no...... What shouldn't be your problem just turned into it being your problem.

If it can't be resolved they should give your money back and you return the car, I guess driving it for 6 months without paying anything for it? Have you been making payments on it or did you pay for it in full?

I also didn't vote at all as my first step would be going to the dealer, talking to whoever is in charge, asking for an explanation and the date it would be resolved. Lawyer might be the step after this one depending on what they say.

[Properstyle]

Originally Posted by David70

As said above, what is the problem? Only thing I could see holding up the process this long is they don't actually have the title yet.

I also don't see using a dealer tag being a good idea. You get stopped for speeding or something else, they ask for the registration, you don't have one, they ask if you own the car (kind of but you don't have the title), they ask if you work as a dealer, you say no...... What shouldn't be your problem just turned into it being your problem.

If it can't be resolved they should give your money back and you return the car, I guess driving it for 6 months without paying anything for it? Have you been making payments on it or did you pay for it in full?

I also didn't vote at all as my first step would be going to the dealer, talking to whoever is in charge, asking for an explanation and the date it would be resolved. Lawyer might be the step after this one depending on what they say.

David they never had the title is what I've come to find out. the car had a lien on it when they sold it to me from the previous owner which the dealer never paid off and then sold me the car. Since that lien has yet to be paid I can't get the car registered in my name. I don't have tags for the car any longer as temp tags can only be used for 4 months on the same vin. SO I am now stuck driving a car to work and home that is not mine but I am paying for. If the car gets totaled out between now and the title finally getting fixed the insurance company can't pay out becuase they wont have a title to take full ownership of the car.

I've been paying usaa 607 a month for the car so I'm 3k in to this car plus mods and maintenance that I've performed not to include he paint correction that was needed.

I went up to the dealer today and they first tryed to blame the sales rep. I told the owner this is your company even if he messed something up it's your responsibility to fix it.this is has been going on for 6 months. I told him he has until monday to show me a proof of payout on the loan, and title in hand or a lawyer will be hired that evening.

[overcoil]

Jalopnik car blog has a resident lawyer contributor - everything involving car purchases going wrong is his forte.
Hop on over there and submit your situation.
Good Luck. Hope it gets resolved soon.

[KingOfJericho]

Tell them you're going to go public with the story. That'll shape them up really quickly.

[speedracer2169]

technically you could get all your money back since it is a breach of contract. They have failed to properly register the vehicle and since the bank doesn't own the car there's nothing they can really do. The contract should be voided and you should get your money back and sue the dealership for all the other money you spent on the car.

[UncleWede]

I had a similar situation, but I was that other owner who never got paid for the trade-in I took to a dealer. Ended up with the DA, as this was quite the regular practice with this particular dealership. It wasn't until another entity bought the dealership that the first loan was ever paid off.

[David70]

With the loan through USAA, isn't the normal procedure that they pay the dealer for the car, the dealer sends them the title, then you pay USAA?

If so, did USAA pay the dealer for the total sales price and shouldn't they also be upset that they don't have the title? If they haven't paid the dealer I would talk to them about not paying anymore to them. Seems like either of the above could help it get resolved.

In the end, dealer could give all of the money back (you and USAA), you take off the mods that can be removed and you eat the labor and losses on the mods (guessing not a huge amount) for the free use of the car for 6 months? Again, not knowing what mods you did.

[upstatedoc]

This whole thing sounds shady..

[Properstyle]

Originally Posted by David70

With the loan through USAA, isn't the normal procedure that they pay the dealer for the car, the dealer sends them the title, then you pay USAA?

If so, did USAA pay the dealer for the total sales price and shouldn't they also be upset that they don't have the title? If they haven't paid the dealer I would talk to them about not paying anymore to them. Seems like either of the above could help it get resolved.

In the end, dealer could give all of the money back (you and USAA), you take off the mods that can be removed and you eat the labor and losses on the mods (guessing not a huge amount) for the free use of the car for 6 months? Again, not knowing what mods you did.

usaa is not on the lien yet for them to do anything, thats the loop whole, so right now I am basically paying back a personal loan with no collateral.

car has around 6k in it.

2k paint correction
TTFS tune
Test pipes
Intake
Pulley kit
Broad way static suspension
plus maintenance I've already performed on the car not to include the 4k warranty that is on the car that I won't get back,

[KingOfJericho]

This is why they have title checks when you buy a home. This dealership is really shady. They took the money from USAA but never paid off the lien with the previous lender and are instead just selling you a floating car.

[P1]

Sounds like a dodgy dealership. This is why I don't deal with those. Would rather pay a bit more and buy from a proper dealership.

[Properstyle]

Originally Posted by P1et

Sounds like a dodgy dealership. This is why I don't deal with those. Would rather pay a bit more and buy from a proper dealership.

honestly this was the only dealership with a jerez black dct car with navi that didn't have a salvaged title and low miles other wise I would have flown to TN to buy the other I had found.

[David70]

Originally Posted by Properstyle

I went up to the dealer today and they first tryed to blame the sales rep. I told the owner this is your company even if he messed something up it's your responsibility to fix it.this is has been going on for 6 months. I told him he has until monday to show me a proof of payout on the loan, and title in hand or a lawyer will be hired that evening.

Based on all of the information above in this post I think you did the right thing. You warned him to fix the problem or a lawyer will be involved and soon. Lawyer should be last resort and I think you are at that point.

I see all of the mods being a possible big problem in getting this resolved, without them you could just get all of your money back that you spent on buying the car and move on.

[Properstyle]

Originally Posted by David70

Based on all of the information above in this post I think you did the right thing. You warned him to fix the problem or a lawyer will be involved and soon. Lawyer should be last resort and I think you are at that point.

I see all of the mods being a possible big problem in getting this resolved, without them you could just get all of your money back that you spent on buying the car and move on.

I honestly don't mind eating the mod cost the only thing I would have to leave on the car is the tune. coils I can put on a nother or sell, I work on my own car so I can have it done it a day but I see what you mean sir.

[Maestro]

Yep this is screwed up, the Dealership is playing the money game, they got the money from your Bank, they paid themselves but never paid off the loan on the car prior to you buying it. Now that you are 4 months out that means they owe the previous back another 4 months of payments on the previous car lone.

Here is the issue, if the previous bank decides they had enough the can have the car repro, since the dealer does not have it they do not care, and someone at the dealer may tell the repro guy who has it which is the OP and before you know the car is on the back of a tow truck and you are without a car and you still owe your bank money.

Eventually you will win and get your money back but it is going to cost you lots along the way.

OP, you better get this resolved ASAP, otherwise, you can be looking at lots of issues you will not want to deal with.

I know others recommended getting a lawyer and most like that is where it will end, but that is going to cost you and most likely the dealership will not cover your costs.

As one person said maybe a call to your local DA office will help since this is more of criminal activity at this point verse civil.

At the lease, a visit to the dealership demanding it be resolved today or the next call will be to the local DA office and Police to file a criminal complaint against them.

[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.

[bmwmsport]

Glad to hear it's finally fixed. Enjoy YOUR car now (for the first time)

[MightyMouseTech]

Wow, some crazy shit! Glad it got sorted!

[CANGRKE70]

That is insane. Glad it's all over. Did the dealership compensate you in any way for these massive blunders?