More fun from our KiA dealer.

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Chris142

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This is the place that charged me a restocking fee on a wrong part they sold me then threw me out when I told them how I felt about that.

Then they shut down w/o telling anybody.

Now this.

ADELANTO • Elizabeth Warner thought she knew a good deal when she saw it.

A used blue ‘08 Kia Rio with just 1,100 miles on the odometer, good as new but technically used, sat on the lot at Hi-Desert Kia in Victorville in early December. The Adelanto resident cut a deal with a salesman, trading in her ‘04 Rio for the newer model.

It’s almost three months later and she still hasn’t received license plates for the ‘08 Rio. The dealership’s check to the credit union to pay off the remaining balance on the ‘04 bounced, the car sold at auction.

She’d complain to the dealership, only they went out of business last month. So Warner’s brother, Kenneth Warner, called the automaker, she said. They told him there was nothing they could do because all of their dealers are independently owned and operated, Warner said.

To read the full story, see Tuesday's Daily Press. To subscribe to the Daily Press in print or online, call (760) 241-7755 or click here.

Warner said she planned to file a complaint with the attorney general’s office this week.



http://www.vvdailypress.com/news/adelanto-17651-bought-car.html
 
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The Attorney General is a start but i would go strait to the county Procecutor's office and file a criminal complaint!
That way the dealer knows you are playing hard ball and knows he will probably be arrested
 
Stuff like this is why dealers are/should be bonded. Should go pretty easy once the right attorney is involved.
 
The dealership isn't totally to blame here.

This is a prime example why I won't trade anything in that I don't have CLEAR title to.

Pay it off YOURSELF, get the title released from the bank, THEN trade it in. If you can't afford to pay it off, then you can't afford to trade vehicles.

At that point, there is nothing about the trade in that can come back to bite you.

This is a problem of her own making. She allowed someone else to take care of HER business for HER. Bad, lazy, you had it coming.

Could the case be made that the new owner of the 2004 Rio does not have clear title to it... because there is still an unsatisfied lien on it?



I wouldn't pee on anyone connected to the local Kia dealership, even if they were on fire.
 
I'm not a lawyer, but it seems to me, if they didn't pay off the old car, its not technically theirs. As I understand it, until the money changes hands, its not a "sale". So, it would appear, they sold something that wasn't theirs.

I wonder if she could file a criminal complaint for them stealing her old car, or selling stolen property.
 
Filing a suit is easy. I am sure winning this lawsuit will be easy.

Collecting on it will be tough.

If the dealer is in BK, the car owner has to get in line to collect. She needs to file suit ASAP to have a chance at collecting.

Whoever bought her old Kia is involved, too. If the seller did not have clear title, I do not think the buyer's contract is valid and enforceable. Wonder where that '04 is?

The owner is in a real pickle as she is liable for two contracts, the 04 and the new one. Hopefully she's on the phone to her bank(s) explaining the problem and getting some help. I agree, she needs a contract attorney ASAP.
 
If the woman's credit union got a bad check from the dealer for payoff the '04, and released the title to the car anyway... they're idiots too.

But if the credit union did NOT release the title, then how was it sold at auction without a title? The auction might be liable here.

Does this lady even have clear title to the '08 that she thinks she bought? If the state is not sending her a set of plates in a timely manner, then probably not. She's probably driving a car that the dealership never submitted any paperwork to the DMV for.

Sooner or later, whoever the dealership had that car financed with will come looking for it, and repo it.

Wow.
 
In my state at least you can trade in a car forgetting the title as long as you apply for a duplicate at the dealership and have it sent right to them. I'm not up on how the dealer protects themselves from old liens etc but I'm sure they know. They like this as I bet lots of old cars are traded spontaneously, like if a big repair bill is presented, and they don't want people 2nd guessing themselves on the way home to find their paperwork.

A dealer can sell a car with a "notice of dealer sale" and the dealer is on the hook for eventually getting the buyer the title. If it's financed the same paperwork is used to get plates but of course the bank gets the title. I've bought cars from dealers in neighboring New Hampshire and just been given the old title for me to process, a situation I prefer actually.

Cali as I understand it is different in that you can drive without plates on a brand new car and the dealer eventually gets them and attatches them, where they stay for the life of the car under the best circumstances. (Maybe this used 08 came in from out of state.) Seems to take a while and/or people like driving without them as I see lots of new cars without when I'm there on vacation.

Proper title to cars is one of the most basic responsiblities of dealers. I'm sure this will get straightened out.
 
Originally Posted By: eljefino
Cali as I understand it is different in that you can drive without plates on a brand new car and the dealer eventually gets them and attatches them, where they stay for the life of the car under the best circumstances. (Maybe this used 08 came in from out of state.) Seems to take a while and/or people like driving without them as I see lots of new cars without when I'm there on vacation.
Your 1/2 right. New cars get a paper in the window with the owners info on it. Plates are registered to the car. The DMV sends the plates to the owner who is responsible for putting them on the car.
 
Very sad story for this lady. I've never had a clear title on any of the dozen+ trades I've done. I've never had any issues. Loans have always been paid in full within 2 weeks, old title released (from state), and new title issued. I've always bought from large, respectable dealers. I guess I've been lucky.
 
Originally Posted By: mrsilv04
The dealership isn't totally to blame here.

This is a prime example why I won't trade anything in that I don't have CLEAR title to.

Pay it off YOURSELF, get the title released from the bank, THEN trade it in. If you can't afford to pay it off, then you can't afford to trade vehicles.

... ...

This is a problem of her own making. She allowed someone else to take care of HER business for HER. Bad, lazy, you had it coming.
... ...

This is the way trades are done everywhere a million time a year - with transactions going smoothly. I would not blame her or call her lazy. The Kia/hyundai dealers around here are the worst of the bunch of car selling criminals. The Service dept is a hellhole.
 
Originally Posted By: ARCOgraphite
This is the way trades are done everywhere a million time a year - with transactions going smoothly. I would not blame her or call her lazy.


Sure, it isn't a problem until it happens to you. A million smooth transactions mean absolutely NOTHING to this lady now.

My position remains unchanged. When you allow others to take care of your business for you, messes like this can happen.
 
In california, when a dealer gets a used car the plates are removed. The new owner then gets new plates.

When a private party sells the car to another private party, the plates stay on.
 
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