What Should We Do ,Can We Sue
#1
What Should We Do ,Can We Sue
I recently contact Walter Porsche about purchasing a Cayenne S for my dad since his English is not very good I did the talking for him .Anyway they fax over a credit application ,we fill it out and he was approve by Porsche financial service for the loan .We were suppose to go down there the next day ,sign all the paper work and take delivery of the car .I got a call from another dealer that was closer to our house that have a color we wanted and it was $500 cheaper .So I contact Walter and told them that we would be looking at this car first before we head down there .Walter call me back 3 times in fiftheen minutes asking if we still wanted this car because they have other buyer .I told them we don't know yet ,but if they have a buyer go ahead and sell it .So we look at this other car at another dealer ,right color wrong option .Call Walter back ,they told me the car was sold .Didn't think nothing of it until we apply for a loan at this dealership and was turn down by Porsche financial ,when ask why the manager said it was because someone at Walter Porsche said this was a straw purchase .They basically lies to Porsche financial so we couldn't get approve no matter what dealer we when to .Went to 2 different dealer and they both said the same thing .Can we take some kind of legal action against Walter Porsche for lying .Oh I just check the car they said was sold is still there ,they just said that because they screw themself out of this deal by lying to Porsche financial .
#2
i have no real legal education. but it does not sound like you have any rightful cause to sue. I would try to pursue the price you agreed on with the dealership. If you cant get that price, out of principle I would chose not to buy a car from them under the circumstances. My bet would be if they don't take the deal (and you are qualified) they will call you in the next few weeks telling you the car is available. If this is the case counter offer and save some money for a lower offer!
#3
i have no real legal education. but it does not sound like you have any rightful cause to sue. I would try to pursue the price you agreed on with the dealership. If you cant get that price, out of principle I would chose not to buy a car from them under the circumstances. My bet would be if they don't take the deal (and you are qualified) they will call you in the next few weeks telling you the car is available. If this is the case counter offer and save some money for a lower offer!
#4
iono
A straw purchase is not per se illegal in most cases, except as noted below. For example, someone may purchase an automobile for another who, due to poor credit, cannot purchase it themselves. The purchase is not illegal; however most financial instutions (ie Banks) have very strict policies regarding this unscrupulous paractice; if the other party defaults on payment, the original purchaser would be liable for the debt even if s/he could not collect the debt and/or repossess the car from the other party. < from wiki> ie; our economic crisis
if you cannot be qualified by other dealerships you are probably not eligible. otherwise wait for what I first mentioned. or go to another dealership?!
A straw purchase is not per se illegal in most cases, except as noted below. For example, someone may purchase an automobile for another who, due to poor credit, cannot purchase it themselves. The purchase is not illegal; however most financial instutions (ie Banks) have very strict policies regarding this unscrupulous paractice; if the other party defaults on payment, the original purchaser would be liable for the debt even if s/he could not collect the debt and/or repossess the car from the other party. < from wiki> ie; our economic crisis
if you cannot be qualified by other dealerships you are probably not eligible. otherwise wait for what I first mentioned. or go to another dealership?!
Last edited by LosAngeles; 07-21-2009 at 04:03 AM.
#5
iono
A straw purchase is not per se illegal in most cases, except as noted below. For example, someone may purchase an automobile for another who, due to poor credit, cannot purchase it themselves. The purchase is not illegal; however most financial instutions (ie Banks) have very strict policies regarding this unscrupulous paractice; if the other party defaults on payment, the original purchaser would be liable for the debt even if s/he could not collect the debt and/or repossess the car from the other party. < from wiki> ie; our economic crisis
if you cannot be qualified by other dealerships you are probably not eligible. otherwise wait for what I first mentioned. or go to another dealership?!
A straw purchase is not per se illegal in most cases, except as noted below. For example, someone may purchase an automobile for another who, due to poor credit, cannot purchase it themselves. The purchase is not illegal; however most financial instutions (ie Banks) have very strict policies regarding this unscrupulous paractice; if the other party defaults on payment, the original purchaser would be liable for the debt even if s/he could not collect the debt and/or repossess the car from the other party. < from wiki> ie; our economic crisis
if you cannot be qualified by other dealerships you are probably not eligible. otherwise wait for what I first mentioned. or go to another dealership?!
#6
i understand your concern and frustration, but you must also look at this from the dealers perspective.
in your eyes you have done nothing wrong, and you were only helping your father out with the comunication issues...but from there angle it looks like it was/could be your father purchasing this for/or on behalf of yourself, and porsche could be right in putting up warning signals with the finance house.
i dont think you could sue, but i would have a heart to heart with the dealer and (with your dad present) try to resolve this "nicely" by threats or harsh words porsche will close ranks and you wont have a leg to stand on.
good luck anyway.
in your eyes you have done nothing wrong, and you were only helping your father out with the comunication issues...but from there angle it looks like it was/could be your father purchasing this for/or on behalf of yourself, and porsche could be right in putting up warning signals with the finance house.
i dont think you could sue, but i would have a heart to heart with the dealer and (with your dad present) try to resolve this "nicely" by threats or harsh words porsche will close ranks and you wont have a leg to stand on.
good luck anyway.
#7
i bought both of my cayenne gts's from them and was never happy =( they try to screw u over and are not very nice either... doesnt suprise me on what they did to u..
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#11
go through a different lending institution, sure you might have to pay a higher interest rate, maybe 6.9% max, but that shouldn't deter you if "your father" is truley qualifies. It's pennies on the dollar. Still get the car.
good luck.
good luck.
#12
Alright, here's the scoop: Did Walter send the application to Porsche Financial with his name on it for this vehicle purchase? If so, they did nothing wrong. You would have to prove they called back and told them that your father (the approved applicant) was truly buying the car for you. That is not a straw purchase anyways...the only way it becomes a straw purchase is if YOU are the buyer, and you sent a credit app that gets declined. Then if you drop your name and re-submit the credit app with JUST your father who has bullets credit (or just great credit) and leave you off, then it is a red flag to Porsche that its a straw purchase because they declined you, and now magically, your father with great credit wants to buy it.
There is absolutely no CASE against them in a court of law based on the info you gave. Bottom line: If the car was for dad and ONLY for dad and he was the only one on the Credit app, and Walter called Porsche and told them it was truly for you, then they weren't being honest, but not justifiable for a lawsuit.
Do yourself a favor if Porsche won't work and go to www.penfed.org
They are offering 3.9% for 60 months on new AND used.
Trev
There is absolutely no CASE against them in a court of law based on the info you gave. Bottom line: If the car was for dad and ONLY for dad and he was the only one on the Credit app, and Walter called Porsche and told them it was truly for you, then they weren't being honest, but not justifiable for a lawsuit.
Do yourself a favor if Porsche won't work and go to www.penfed.org
They are offering 3.9% for 60 months on new AND used.
Trev
Last edited by twiskus; 07-22-2009 at 02:35 PM.
#13
Alright, here's the scoop: Did Walter send the application to Porsche Financial with his name on it for this vehicle purchase? If so, they did nothing wrong. You would have to prove they called back and told them that your father (the approved applicant) was truly buying the car for you. That is not a straw purchase anyways...the only way it becomes a straw purchase is if YOU are the buyer, and you sent a credit app that gets declined. Then if you drop your name and re-submit the credit app with JUST your father who has bullets credit (or just great credit) and leave you off, then it is a red flag to Porsche that its a straw purchase because they declined you, and now magically, your father with great credit wants to buy it.
There is absolutely no CASE against them in a court of law based on the info you gave. Bottom line: If the car was for dad and ONLY for dad and he was the only one on the Credit app, and Walter called Porsche and told them it was truly for you, then they weren't being honest, but not justifiable for a lawsuit.
Do yourself a favor if Porsche won't work and go to www.penfed.org
They are offering 3.9% for 60 months on new AND used.
Trev
There is absolutely no CASE against them in a court of law based on the info you gave. Bottom line: If the car was for dad and ONLY for dad and he was the only one on the Credit app, and Walter called Porsche and told them it was truly for you, then they weren't being honest, but not justifiable for a lawsuit.
Do yourself a favor if Porsche won't work and go to www.penfed.org
They are offering 3.9% for 60 months on new AND used.
Trev
Last edited by ishmerc; 07-22-2009 at 06:33 PM.