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Ashsalg....Lots of replies, but only a few are pertinent. Q...What r u going to do now ?
 

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few post back they said they are moving on.
They wanted to, but...
1- The loan is issued, and the new car is registered to their name already
2- The old car's title is in the dealer's name already

For them, moving on mean resolving 1 for the best case scenario, and 1&2 for the worst case scenario.
 

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Discussion Starter #67
Ashsalg....Lots of replies, but only a few are pertinent. Q...What r u going to do now ?
We filed a complaint with the state attorney general
We had an officer document everything that happened
We disputed structural damage with carfax with our documents provided
(which shows that the dealership lied when they told us they physically put the car on the frame and that the measurements showed structural damage - conversation recorded)
We got a lawyer who is willing to work with us

Our main concern now is that we signed an arbitration provision that is currently being reviewed.
 

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I could be totally wrong as I'm not a lawyer but I thought an arbitration agreement just meant that arbitration was one step, if the involved parties couldn't reach an agreement then next step was Court.

Sent from my VS996 using Tapatalk
 

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We filed a complaint with the state attorney general
We had an officer document everything that happened
We disputed structural damage with carfax with our documents provided
(which shows that the dealership lied when they told us they physically put the car on the frame and that the measurements showed structural damage - conversation recorded)
We got a lawyer who is willing to work with us

Our main concern now is that we signed an arbitration provision that is currently being reviewed.
Did you get your 2019 Camry back as it is registered and financed to you?

Also, the dealership negated the arbitration agreement by arbitrarily sequestering your vehicle without invoking the agreement. It's ironic how they did this to themselves.
 

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I hope I am wrong but it looks like you weakened your position of the previous determined contract value of the trade in now. With this new arbitration agreement.
 

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I hope I am wrong but it looks like you weakened your position of the previous determined contract value of the trade in now. With this new arbitration agreement.
I don't think it's new, I think it was baked into the sales contract, that OP agreed to initially. Regardless, it should be a moot point now, based on the dealer's actions.
 

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I hope I am wrong but it looks like you weakened your position of the previous determined contract value of the trade in now. With this new arbitration agreement.

Not at all. The dealer also signed the contract and if they didn’t do their due diligence, it’s not the the customers fault. As someone in the business for over 20 years, we have to do our part as well. In CA we make the customer sign a trade-in disclosure form. Even if we never spoke about the trades condition in the sales negotiation, our finance team will discuss it via this form. By doing this the customer can then mention it if he or she forgot to mention it in the sales negotiation. Bottom line, the dealer screwed up royally to no fault of the customer and no doubt they will regret not following protocol or at the very least implementing new procedures to prevent this from happening to them again.
 

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We filed a complaint with the state attorney general. We had an officer document everything that happened.
Our main concern now is that we signed an arbitration provision that is currently being reviewed.
Isn't a review needed to find out if your complaint /issue with dealer/sales qualifies for actual arbitration ? TIA
 

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I don't think it's new, I think it was baked into the sales contract, that OP agreed to initially. Regardless, it should be a moot point now, based on the dealer's actions.
Your probably right about the baked in clause! Moot maybe not. If the OP signed off on a Binding Arbitration Agreement also knows as Dealer Settlement Alternative on the original sales contract the buyer has no other choice but a Binding Arbitration Settlement for contract disputes. And will give up there right to sue in court. Arbitration is a gamble, and I don`t think any legal fees can be recovered for the buyer even if they win the Arbitration settlement. This is sure one big mess that keeps getting harder to figure how it will end up.
 

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Your probably right about the baked in clause! Moot maybe not. If the OP signed off on a Binding Arbitration Agreement also knows as Dealer Settlement Alternative on the original sales contract the buyer has no other choice but a Binding Arbitration Settlement for contract disputes. And will give up there right to sue in court. Arbitration is a gamble, and I don`t think any legal fees can be recovered for the buyer even if they win the Arbitration settlement. This is sure one big mess that keeps getting harder to figure how it will end up.
I don't know for sure, but I have my doubts as to whether the Arbitration process agreed to by the buyer governs the basic aspects of contract law that are the main issues in this case. The governing laws pertaining to basic contract law that apply here are contained in the Uniform Commercial Code, which has been adopted by 49 states (except LA, which has its laws based on French legal system, rather than the English system). Some states have minor additions/changes to these laws, but they typically favor the consumer.
 

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I don't know for sure, but I have my doubts as to whether the Arbitration process agreed to by the buyer governs the basic aspects of contract law that are the main issues in this case. The governing laws pertaining to basic contract law that apply here are contained in the Uniform Commercial Code, which has been adopted by 49 states (except LA, which has its laws based on French legal system, rather than the English system). Some states have minor additions/changes to these laws, but they typically favor the consumer.
I am not 100 percent sure of it either. It does create another stumbling block for the consumer when agreeing to arbitration.
 

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The dealer didn’t even follow its own protocol so I don’t see how the arbitration comes into play. You can’t entice a customer to come in under false pretenses then take their car away after both parties have signed and taken delivery then claim arbitration. Slam dunk for the customer for sure.
 

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I am not 100 percent sure of it either. It does create another stumbling block for the consumer when agreeing to arbitration.
Arbitration is mutual, if agreed at the onset. If one party then choose to act unilaterally against that, doesn't that negate the original agreement?

At this point, you are right, we don't know enough and the OP is probably better off waiting for things to settle down before further comments. There is likely some NDA and a mutual non-disparaging clause built into the arbitration process.

To OP: Good luck and let us know how things turn out when you can.
 

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The dealer didn’t even follow its own protocol so I don’t see how the arbitration comes into play. You can’t entice a customer to come in under false pretenses then take their car away after both parties have signed and taken delivery then claim arbitration. Slam dunk for the customer for sure.
Arbitration is mutual, if agreed at the onset. If one party then choose to act unilaterally against that, doesn't that negate the original agreement?

At this point, you are right, we don't know enough and the OP is probably better off waiting for things to settle down before further comments. There is likely some NDA and a mutual non-disparaging clause built into the arbitration process.

To OP: Good luck and let us know how things turn out when you can.
Your probably right about a NDA by now. There have been no OP follow ups.
The dealer feels more confident now with the buyer signing the new agree to Arbitration Agreement and the process that limits there liability.
 

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The dealer didn’t even follow its own protocol so I don’t see how the arbitration comes into play. You can’t entice a customer to come in under false pretenses then take their car away after both parties have signed and taken delivery then claim arbitration. Slam dunk for the customer for sure.
I agree, very wrong. What can the customer do when the dealer took the contract? It might be in the shredder now.
 
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