- A few weeks ago, I purchased a used car from a small local dealer. The
purchase was for cash. The day I drove the car I left a check as a
deposit for the car in the amount of the TT+L, (just for convenience).
The next day I returned to pay the balance with cash and take
posession of the car. The dealer kept/cashed the check and took the
cash for the entire balance of the purchase price. The dealer told me
that he would register the car, eventhough I had asked to do it
myself. His reply was that it would cost the same regardless who did
the registration. He also stated that it was per a state(Texas) law
that the dealership register the car. (Because "people were purchasing
cars, not registering them and having accidents in them, after which
the dealerships would be sued.") I'm not familiar with motor vehicle
registration laws, so I said ok.
The dealer told me that he also owned a nearby bakery and he had quite
a few wedding cakes, etc. to bake for weddings the next day and he had
to leave the dealership early to go to the bakery. Because of the time
constraints, I hurridly signed the sales papers.
A few days ago, I received a phone message from him telling me that my
papers were at the dealership and I could pick them up, or if he
didn't hear from me, he would mail them. I received the papers in the
mail on Friday, and to my suprise the dealer placed a lien on my car
for $0.01 and he has retained the certificate of title.
After reviewing the sale papers that I signed after I had paid the
full purchase price, I noticed that he had inflated the price by $0.01
without my knowledge. He did not tell me about this in any way and
this is not something I would have agreed to. If he wanted another
penny, I would have paid him another penny, Geez. I have a feeling
that he does this quite regularly.
I am planning to file suit for damages, however, I'm not sure what my
damages would be. Fraud in the inducement, breach of contract???
The purpose of this post is to ask advise from others possibly faced
with a similar situation.