@Anonymous wrote:Got a consultation from a consumer law attorney today. Not sure if things just went from bad to worse
I'd have a much stronger case with only the first set of paperwork, but because I signed papers a 2nd time there isn't a lot I can do. The dealer was misleading but proving fraud in court is going to be hard because they didn't do anything illegal. The attorney said it will cost between $5k-15k to take the case to court depending on how hard the dealership fights it and it's mostly going to be their word against mine. They will likely try to stall the case because the loan has been accepted by Toyota Motor Credit and the first payment is due on 12/25. If I make the first payment that makes things worse because now I'm acknowledging the debt and loan terms. If I don't pay, then I default on the loan.
They will claim the first set of paperwork is in error and the loan terms were still subject to approval because they were signed at 8PM. They will say they notified me on Friday (11/3) and will also say they told me the new loan terms and I agreed to them showing the re-signed paperwork as proof. Even stronger evidence for their side since ALL the paperwork has matching dates for 11/10. They will say I had every opportunity to read what I was signing and ask questions for the 2nd set. They will bring in the F&I guy and the salesman to try and discredit me. The salesman will obviously go along with them because his job will be on the line. Because I didn't re-sign the paperwork until 11/10 they could even try to say I told them I was going to think it over and they were nice enough to give me a extra week with the car to think about it.
If I do manage to win the case they will take the car back and then sue me in small claims court for damages.
The only other thing I can do is file a compliant with the FTC and the district attorney and they'll just put it in a database for future reference.
It looks like no matter what I do, I'm going to have to pay money to get out of this deal
Those seem like worse case scenarios. I would first endeavor to try other remedies.
Didn't you state that they had you use an electronic signing pad, essentially blindfolding you, and then never presenting to you the altered documents?
Those facts do matter, here. Since you have now realized that they did in fact have you sign fraudulently... than, I would file a police report stating that you never agreed to those terms, and that your signature was improperly attached to the wrong documents.
I would not necessarily show the police the original document, as the police report is just to address the fraud... so that you can forward a copy to the credit bureaus, to remove the fraud. The police probably neither have the time nor the inclination to adjudicate which document is more correct, or even investigate.
So, I would just state in the police report that some unnamed person at the dealership committed fraud against you. (Which you already know they did)
I would also consider calling Toyota Corporate and asking for the Fraud Department, and report that the dealership fraudulently attached your signature to the wrong documents. Then, they may facilitate returning the car.
Otherwise, go forward with the police report. I would definitely also contact the State Attorney, as well. The BBB. The News, Social Media, etc.
You've flat out been done wrong. Use your high ground. Right is right.