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Redd

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I'll keep this as short as possible, although the story is complicated. I'm in need of help or advice. In short- a dealership sold me a truck in which a husband traded in with a forged signature of his wife, whom has filed for divorce.

Bought a used 2015 Ram 3500 and I'm absolutely in love with the truck. Felt great to drive, clean, and checked all the boxes for my family (plus some I didn't know I needed). My previous ford I bought, a 2014 half ton, was riddled with issues with the twin turbo so it was good to get a nice, dependable truck to tow my trailer.
My license plates didn't show up and my temporary was getting close expiring. I called the license place, don't have it; call the dealer, the licensing people definitely signed off on receiving it. Called the license people back and they put me on hold for 15 minutes. They come back with "I don't know how to tell you this, so I'll just read the email I just received."
She said that there was an irregularity on one of the two signatures so the state cancelled the transaction and placed a hold on the title because of a temporary family law order.
This left me with so many questions. The license worker and I came up with an idea of what might of happened, which would be confirmed on my call back to the dealership.
Called the dealership and they said the husband traded in the truck and forged his wife's signature. Turns out they are separated and soon to be divorced. The dealership had known for a while about the issue and were trying to get "what they need from the husband", which I'm guessing is just her signature. He has apparently given them false promises, more than once. They gave him the deadline of Friday before they repo his new truck. If they were not able to get that "signature stuff" before Friday, they would need my truck back.
Uhhhhhhh- what? Has anyone else run into this trouble before? I don't want to hand over a truck that a bank debt and dealership paperwork say is mine. The dealership said it would make it up for me on a different truck, but not sure what to think of that until I see their offer. Am I liable if I don't hand over the truck? What kind of compensation should I be looking for with handing back my dream truck?? I know this post is on short notice, since tomorrow is the day they will want it back.
Thanks for your help!
 

danoday

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The dealership is a state licensed auto dealer and is obligated to make lawful transaction related to the sale and vehicle title transactions. If the dealership executed transactions that were knowingly fraudulent (certify and bare witness to signatures on title transaction) could be huge and certainly unlawful. However you still have a sales contract and or a financial contract if you financed the truck. I would get a lawyer before returning the truck. I would also ask to be generously compensated in doing so. The dealership should have never sold a vehicle without a clear title making it eligible for resale. This is a perfect example of why auto wholesalers and retailers are required to be regulated. Good luck

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Redd

Redd

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Thanks Danoday.
I appreciate the input. I'll keep you posted on what they say tomorrow. I'm definitely not handing any keys over until I know all my options. Not to sound snobby, but I guess I want to know which would be better: take legal action on my side or let the dealership offer me something else? I don't know which is a better value. Like how much is this penalty in the dealership's eyes to handle out of court vs in court?
 

danoday

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So chances are your trade-in has also been sold to another wholesaler. Your trade-in is also a factor in your contract assuming it couldn't be returned to you and nullify the entire transaction anyway. So the dealership may have violated some state codes regarding legal sales transactions that they may not want to be revealed in front of a judge, they could be fined or revoked. I'm not a lawyer, but my family was in the auto whole sale business. Knowingly falsifying title transaction can get you revoked and potential big fines or jail, it's also federal offense if I remember right if the transactions are interstate.

I would think they would be very motivated to resolve instead of appearing before a judge because they would have to admit to wrong doing... so you could ask them for what you want, if they say no then get a lawyer because your sales contract is legally binding.

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rule18

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I'd consult a lawyer right now to make sure that no matter what, you're not somehow dragged into other people's mess via some crazy law on the books. I think even if you don't need to return the truck, how do you resolve the license issue?

If the lawyer advises you to return the vehicle and let the dealership make good, make sure you have something in writing from the dealer detailing what they're planning to do for you.
 
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Redd

Redd

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This is a large dealership. They have over 3,000 new trucks on their lot. I'll need to read over the contract but I'm pretty sure they didn't follow up with the wife's signature on the title and took the husband's word on it.
 

chri5k

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Thanks Danoday.
I appreciate the input. I'll keep you posted on what they say tomorrow. I'm definitely not handing any keys over until I know all my options. Not to sound snobby, but I guess I want to know which would be better: take legal action on my side or let the dealership offer me something else? I don't know which is a better value. Like how much is this penalty in the dealership's eyes to handle out of court vs in court?

Get a lawyer to protect your interests. The dealer has already screwed you once, what makes you think they won't screw you again on another truck? Have your lawyer demand all of your money back from the dealer so you can pay off the note and keep the difference that may have been down payment or the monthly payments you have already made. They should also reimburse you for the attorney fees. Take your money and go somewhere else since obviously this dealer can't do the basics of having a clear sale-able title for its' vehicles.
 
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Redd

Redd

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This dealership has a pretty creditable reputation within a large corner of the country. It makes hundreds on transactions a day and pretty much takes up an entire city block. I'm hoping they have the right mind to not downplay its significance. Although it would be nice, I'm not asking for a new truck off the lot for this kind of mistake. However, I have no clue how major of a deal I should be looking for or expecting.
 

ram1500rsm

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I'd wait to see what the dealer will throw at you in regards of the new Vehicle. if is a color i like with same options or better, less miles etc etc, maybe a better warranty, heck even maybe the same truck you have now with no changes other than the time you'll put in making the change (which should be compensated in any way possible) i'm not sure I would mind much what hapens as long as the dealer makes it right. If i don't like what i get i'll just lawyer up and study other otpions. Take the best opportunity that makes it right for you when possible after all it's not your fault, you went by the book..
 

NJMOPAR

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Lawyer up immediately.
DO NOT give them your truck!!!
They're in deep doo doo on this and know it.
Refer all their communications to your attorney, agree to nothing until legally advised, and don't fall for any threats or pressure tactics.
You're in charge in this fiasco.
 

retired

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This dealership has a pretty creditable reputation within a large corner of the country. It makes hundreds on transactions a day and pretty much takes up an entire city block. I'm hoping they have the right mind to not downplay its significance. Although it would be nice, I'm not asking for a new truck off the lot for this kind of mistake. However, I have no clue how major of a deal I should be looking for or expecting.
Is the dealership in Idaho?
 

brad_12

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Wow that dealership is insane for even selling that truck to you. Get the popcorn!

They better bend over backwards, frontwards, sideways and upside down if they're offering a deal.

Definitely be careful from here on out.
 

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