No Rebate? Asking me to give money back?
 

Ok, its about the Shinka that I bought.

https://www.rx8club.com/purchasing-financing-insurance-56/kill-steal-shinka-rx-8-price-64244/

Today, the dealer called me and said that.

Theres actually no "rebate/MAC rebate", and asked me to go, re-do the finanacing thing with them. Offered me some "sounds really good" deal (leasing)

like 5% blah blah blah and I dont have to pay much if I want to keep the car after the lease blah blah. (I still didnt take the leasing crap, I always prefer to do financing/buying)

They said the car is "2000 dollars short because theres actually(they just found out) no rebate with Mazda Credit"

I said I will come take a look Tomorrow or Wednesday.

but I really doubt that its my problem anymore, since its not my fault that they "made a mistake" on the manf. rebate.

Should I take my stuff to a Lawyer and ask them to take a look ?? Because I really really think that its not my "fault", its their mistake and I dont think I need pay anything about it. I mean if its 2000 more I dont think I would've got this car.

dont sign anything. and keep your original contract away from them. really, its their fault, and they would have to absorb the cost(s) involved, not you. if they try to say youre in breach of contract, you arent, as you are upholding the original contract, and it wasnt pending any further information.

Well there actually is no rebate. So, yeah, screw-up on their part. No idea how someone could be so dumb.

In legal terms this is a "unilateral mistake". Unless the dealer can prove that you knew there was no rebate and didn't tell them and just let them continue on their merry way as if there was one to take advantage of them (which, judging by your posts, I presume you did not), then the contract is still valid.

Basically, they screwed up, it's their problem, and you are under no legal obligation to fix the issue with them. That doesn't mean they can't try to screw things up with your MAC loan and what not. I'd imagine they could recall the loan if they wanted and generally piss you off, but they have no legal grounds to do so.

It would probably be wise to retain a lawyer in this case though.

THis happens quite a bit with "shady" Dealers. It is against the law for them to do this. I believe theres a State goverment agency that handles these type of issues. If i find any info on the gov.ageny i'll let u know.. i orginally saw a report on Dateline(or someother news cast.) it happens alot, especially to women.

I'd speak to a lawyer.

I was really confused when they first called me in the middle of the day (yesterday)

The "sale manager" got some very good voice.

he was like "can you do me a favor" blah blah blah, there was actually no rebate blah blah blah, the rebate was only for leasing blah blah blah, and the deal is actually 2000 dollars short now blah blah blah, and "please" come and re-do the finacing.

I didnt say a word I just said that alright, I'll come and take a look at it either tomorrow(today) or wednesday.

they are the one who told "me and my sis" that "hey, theres 2K rebate on the car" I really DO NOT think its my fault at this time.

I still have all of the original paperwork (Invoice, recipet, Certificate of Ownership, etc etc)

Do not go to the dealer. Do Not...Do Not....Do Not.

The ball is in their court. They will call you over and over to get you to come in. Don't return messages, don't make promises.

It won't be worth the $2000.00 to them to make a big issue out of this - especially if they knew what they were doing in the first place and are trying to screw you. And if they really did make a mistake, they won't want to admit it to anyone so they will just eat the $2000.00.

I would only worry if an attorney contacts you.

Yeah so I guess now the only option I have right now is to "get some lawyer", read my stuff, and see if they have the right to do anything without my approval.(or can they do anything to me at all)

right ?

Bascialy what happens right now is that :

He called me, said theres actually no rebate, he even said it was a mistake, and offering me a "leasing instead of finacing" with APR of I think 5%? and if I do leasing I can get the 2K rebate and I forgot some really "low price" at the end of the lease to "buy" the car.

If I dont he said theres no 2K rebate.

I was talking to my sis about this and she was like "they were the ones who told us theres 2K rebate on the car"

ok.

Lawyer/Attorney. Where are you?

If you want to settle this immediately, contact a lawyer and have him/her call them to get their story. It's likely that they will not bother you again if they know you are not going to accept their BS.

Like the others have said, this is their screwup and you don't have to do a thing. They will still probably make money on the sale, so don't feel bad.

Im not feeling bad, since I think at least I didnt do anything wrong on my part.

Lets see what can I do ... Im going to find a cool lawyer today and see what sup.

File a complaint with your State Attorney General's Office and your local BBB. When Mr. Scumbag Dealer calls again, refer him to the State Attorney General.

Simple as that.

out of curiosity what dealer is this?

Just forward your phone # to the dealer's main phone # or the BBB :)

You need to open a complaint with the Better Business Bureau as well as send a certified letter to your state attorney general's office detailing this exact situation... THIS IS ILLEGAL! You don't need to hire an attorney... just tell the jackass that is trying to SCREW you that you're in the process of contacting your state attorney general. You won't hear another call I assure you... In fact I bet he trys to give you a whole bunch of free service and performance parts trying to get you to shut up to the attorney general.

You already signed for your car... DO NOT under ANY ANY ANY circumstances SIGN A SINGLE DAMN SLIP OF PAPER they want you to sign... or actually any slip of paper that even remotely involves that dealership.

exactly (unless you have a lawyer inspect it first and have them state that it is ok for you to sign)

from now on, i would deal witha different dealer when it comes to repairs and stuff too, you dont want to go into a place that will know you as 'the guy that we tried to screw over and failed'

Draw up a document, go up there and when they ask you to sign say... "Sure, but before I sign maybe you could help ME out.. could you get your manager to sign this document giving me 10% of all earnings this dealership makes for the next 10 years? I would really appreciate that!"

This is not your fault, it is their screwup. What if he shoe was on the other foot? You think they would give you 2k? He!! no!. File a complaint w/BBB and your state's AG, like others have said. If they get rough, speak with an attorney, have him/her review the contract and if the dealer calls tell them "My attorney has advised me not to speak with you regarding this matter. Please speak with him directly or contact the BBB/AG to file a rebut". trust me, case will be close. Ba$tards! (can you tell I hate scumbag salespeople?)

if they dont want to give you the 2k return the car. I just wouldn't go back if i were you.

They're screwed either way it goes.

They can attempt to void the contract if they want, although as I mentioned before, they have no right to do so, but they cannot make you sign a new one. And they don't want the car back by you not signing a new one. It's been titled and you've put a fair amount of miles on it, so it can no longer be sold a New and they'll lose more than $2,000 by you bringing the car back, so they're better off just letting you keep it and eating the $2,000.

DO NOT return that car unless a lawyer accompanies you IN PERSON.

I am trying to find a good lawyer right now. Searching newspapers ADs and internet.

BBB Im trying to find the address right now. (New York City)

As The Dealer's name Im not going to mention it "yet" since it has not be resolved. but, how many Mazda Dealer in NYC again ?

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I put 314 miles on the car already, yes in 8 days. of "Pure City Driving"

How ? This is my "first" manual car and I never had any manual experience before, so I put 80 miles on it the first day I got it (Last monday)

;)

Not doing it on purpose, its just that I need to pratice.

Its raining today so I will not be driving my rx8 ... I think :)

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If they call my phone (or working phone again), Im going to tell them, "Erph, my friend is a lawyer and hes looking at the contract right now, and he told me not to speak with anybody at the monment"

that might work ?

You definitely don't want to accept their lease deal as they would have to really set the residual low for you not to be getting screwed. 5% is not a great lease rate these days, especially for a non-2006 auto.

I would not hire an attorney just yet. You don't need one to tell you what you already know: You signed the deal they offered you and you are not responsible for telling them what their own manufacturer's rebates are. This is a mistake of fact, but as a previous poster noted, it is their unilateral mistake not yours.

The only chance I see of them having a claim against you is if their standard contract contains some microscopic language to the effect that "consumer must qualify for all rebates claimed and agrees to indemnify dealer if they do not so qualify". Even then, I think they have a hard uphill battle with a judge. I doubt they'll sue over it an I wouldn't pay to hire an attorney just yet.

I would simply tell them to put anything they have to say in writing and to mail it to you. If you're lucky, they may be dumb enough to admit something in the letter which you can use against them later in the unlikely event they try to sue you. Tell them you will then review it with your attorney and the Department of Consumer Affairs for your State, if necessary, and then you will get back to them with your position. Then you worry about hiring an attorney.

Until then, enjoy your 8.

I'd consider a new contract, if they lowered the sales price of the car by the amount in question, plus another $500 as an incintive. :)

What state did you purchase the car in? Did you sign an arbitration agreement? If you did sign an arbitration agreement, you aren't going to court because you agreed to go before a panel set up by the dealer board of your state. Look at your copies of the paperwork, you should be able to find it if you signed it.

If you did, then have a attourney get involved. If the amount is $2000, and you loose, you pay it and your attourney. They may also have the contract to MAC retracted. If they do, you have to pay the balance with your own finiancing or cash or give the car back. Since dealers have their own attourneys, they will persure this matter. You do have the upper hand. Just make wise choices, it could cost you more money.