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AVOIDING DEALER FRAUD
Imagine buying
a new PC which you later discover had been dropped from a fork lift
and repaired before you bought it as new? Or spending ten hours
with six different salesmen who were trying to convince you to lease
and not buy a cell phone? Or after closing escrow on a new condo,
discovering you were charged commissions and points that were not
in the escrow documents? Or being forcibly detained at a vacuum
cleaner showroom? These type of things happen too frequently at
car dealerships.
No other consumer products are sold in the way cars are sold. At
many car dealerships, consumers are handled in preprogrammed ways
under sales systems, designed to confuse and manipulate them. In
innumerable interviews of fraud victims, I have heard many variations
of the same deceptive auto sales schemes. This article will help
you recognize some of them.
Only the Final Written Contract Counts
Most people do not realize that car dealers continue negotiating
up to the moment of contract signing. Do not let your guard down.
Even if you have already shaken hands on a deal, the terms are frequently
different in the contract finally presented to you for signing.
It is easy to overlook that you are not getting what you agreed
upon in the long hours of negotiating. Do not think the person in
the Finance and Insurance (F&I) Department just handles the
paperwork. It is often the best and slickest salesperson who has
the last chance at you in F&I.
The sales "closer" has gotten you to verbally agree to
a monthly payment higher than what your credit status requires and
more than enough to pay for the vehicle. Now F&I will try to
sell you on all the extras, or maybe with some friendly chatter,
they can just include the extras on the contract and you will not
notice until later.
But do not buy paint sealant, upholstery protectant, undercoating,
extended warranties and especially credit and disability insurance.
These are largely worthless "products" that are heavily
marked up by the dealer.
Study the Written Contract Before You Sign It
The average person will not read most of a pre-printed document.
Dealers routinely take advantage of this. Also, customers tend to
believe a dealer's promise to "help" arrange the financing
with a third party lender. This is because financing is complex
and intimidating and dealers routine hold themselves out as experts
in auto finance. An exhausted car buyer would much rather hear it
explained than read all the fine print. But read you must.
Do not be caught up in someone else's rush. Demand time to think
it over. Ask for a copy to take home and read later when you are
not so worn out. Do the calculations yourself. You will be making
those payment for many years.
Simplify the Transaction
Multiple elements of a car deal lead to confusion or fraud: purchase
price, options, down payment, trade-in credit, monthly payment,
interest rate, loan term, and balloon payment. Which of them will
you focus on and miss others? Distraction is an art that many car
salemen study diligently. For example, many people have been snookered
by focusing on just monthly payments. You will get the best deal
if you separately handle your financing and trade car. This simplifies
the negotiation and leaves you able to focus only on the best purchase
price for the vehicle.
Financing is More Expensive at the Dealership
Pre-arrange your car loan directly with your own lender. In most
cases the best financing is through a credit union or other outside
source. Investigate the current rates and discuss loan availability
before you go to the dealership. Order a credit report ahead of
time and know your credit pictures. Many dealers will try to make
you embarrassed by any credit dings and take advantage by making
you think they are doing you a favor.
Do not be swayed by the dealer's promise to get you better rates,
especially not by leasing. Leasing is fleecing. Even some
attorneys and accountants who are car buyers have been bamboozled
by its complexity. Do you trust a high school dropout in an Armani
tie to truthfully or accurately explain leasing? Car dealers push
leasing because they make more money leasing cars. And NO, its NOT
like renting. Take one moment to stare at the termination
penalties clause in a lease contract (yes, its on the back in fine
print) and trust your gut. In the long run, despite the low monthly
payment, for many reasons leasing is the most expensive and restrictive
method of getting a car. You earn no equity, only liability.
Dealers make more money on the financing than in the selling of
cars. They earn undisclosed points charged to you on the car loan
arranged at the dealer. They may falsely claim that a certain interest
rate is the "banker's rate". However, the dealer always
tries to get you to pay higher than the lender's current rate. The
dealer will get a percentage of the difference in a secret 'kickback'.
Do Not Trade-in. Sell Your Old Car Yourself
You can get a much higher price by selling your current vehicle
yourself. When trading in your old car at a dealership you get below
wholesale Blue Book for your old car. Worse yet, you could get confused
about exactly what you are getting. For example, you may bargain
with a dealer to get a higher price for your trade vehicle, but
not realize that the purchase price of the new vehicle is also being
raised.
Don't Become "Captive at the Dealer"
Annie went into a local dealer on her lunch hour just to see what
her old clunker was worth. Seven hours later her worried boyfriend
found her sitting in her driveway in a new leased car, crying her
eyes out. Annie had turned over her car keys to have the vehicle
appraised. Although she asked repeatedly for the keys, she never
got them back. "I really didn't want this car, but I just couldn't
seem to get away."
Variations of this trick happen too often to be a coincidence. The
intention is to wear you down with negotiations and delay but to
keep you from leaving. The more time a customer has "invested"
in the transaction tends to keep them from simply walking out when
they hear of undisclosed costs. It is a common tactic to delay the
bad news (i.e., the manager refused to give the promised trade-in
credit at the time of finalizing the deal). Stay in control.
Never ever accept a ride to the dealership by an employee, as they
decide when you go home. Call the police if someone at the dealership
continually postpones giving back you property after you have asked.
Keep an extra set of keys if they appraise your car.
Make a decision before hand about the maximum time you will stay
at the dealer. Leave if you are tired or if you think you have been
kept waiting too long. Any good deal can wait. Do not take small
children along. You cannot meet their needs and negotiate with a
clear head.
Do take along an experienced friend, your lunch, necessary medicines,
a book, research materials, a calculator and any advertising which
drew you there.
Be Leery of Any Retailer That Seeks Your Trust
The most ripped-off fraud victims seem to be people who had a good
reason to trust the dealership, i.e.: their boyfriend's cousin worked
there, the dealer advertised in their church bulletin, the salesperson
was the customer's same race and gender, or has a common interest.
A car salesman will pretend to be on your side, trying to convince
you he is there to help you negotiate with his boss. He will ferry
your offers into the decision maker, who hides out like the Wizard
of Oz.
This strategy is part of a power play system, where an unseen manager
directs the sales process, maybe even watching you through a one
way glass. If one salesman does not seem to make any headway with
you, another and then another will be assigned.
Inspect the Car Carefully
Thoroughly test drive the car you intend to buy and have it checked
out by your own mechanic. Frequently defective cars are sold at
a tent sale or public auction where, in the excitement, it will
be forgotten that the sale car has not been test driven.
Previous accident damage to a car seriously depreciates its value
and safety. A kitchen magnet that will not stick to a fender indicates
bondo, a plastic filler used in body repair. Also do a visual inspection
for paint overspray in the door jambs, strange weld marks under
the carpeting in the trunk, door and windows that are not air tight,
wrinkles or color fading, unevenly worn tires, steering wheel drift
or uneven gaps in the body seams. Even some new cars have been sold
damaged.
PERHAPS IT WOULD MAKE BETTER SENSE TO BUY A GOOD USED CAR FROM A
PRIVATE PARTY? OR MAYBE YOU DON'T EVEN NEED A NEW CAR!
This article
brought to by consumer advocate:
Aurora Dawn Harris
The Harris Law Firm
605 W. Chapman Ave.
Orange, Ca. 92868
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