Disputing Large Transaction (Car Purchase)

[JVille]

Please speak with both American Express and a Lawyer.

[arkane]

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@Anonymous wrote:

Possession is 9/10's of the law, at least according to lore.  You have the title.  You own the car.  You have no criminal backlash to fear, only civil...and I'm guessing that dealer does NOT want to go there.  Have all of the things fixed (it sounds as if you have done that), keep all receipts for repairs and the mechanic's name and contact info if possible - the one who pointed out all of the problems the car had that were disclosed by the dealer to be sound.  I don't know your state's particular laws (some can be pretty weired as we all know) but I do know you should just fix up your car and enjoy it.  The worst that can happen is you get notification from the dealer that you owe them money for the car... and THEN is the time to contact your state's Attorney General, the BBB and any other TLA ("three letter agency") to get them off your tail, and/or get an attorney to sue/countersue on your behalf for the grief, the time you spent with AmEx and the dealer, the money you spent just to have that dependable ride the dealer PROMISED you, etc., etc.  It seems to me as if you've already spent enough of your valuable time (we're all born "terminal" with a FINITE number of hours on this Earth).  Someone smarter than I might disagree and point out where I'm wrong (I frequently AM) but again, I say just enjoy your ride and thank you for pointing out the great benefit of using AmEx for these types of transactions...it's better than doubling one's manufacturer's warranty, IMHO.

EDITED TO ADD: AutoNation is a generally reputable corporation and I'm guessing this isn't the first time this shady dealer operating under their good network's decent reputation and the shady dealer in question won't be pursuing this matter with you because I'd be surprised if they're not already operating their franchise under a few red and/or yellow flags and don't need another one on their radar...just a guess though :-)

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I agree with what you said in principle. Isn't there a saying that it's best to steal from thieves, because they won't go to the cops? The dealership committed outright fraud, and they got what they deserved. I doubt they'd try to recover anything via legal means, but they might try sending some unscrupulous collection/repo agents after the OP. (or maybe I've watched too much TV lol)

That being said, I still think the best course of action is to at least get a consultation with a lawyer that specializes in this area, and have their number on speed dial for when the dealership does try some more shady strongarm tactics.

[Kree]

A new thought. Sometimes Amex keeps both sides happy by paying chargeoffs out of pocket. Another reason for their high fees I believe.

So the dealership might not even know op got his money back. Again first stop is to call Amex.

[Anonymous]

Yeah but $5k? lol

Though most large companies have insurance to protect them against chargebacks. I guess we won't know until the OP gives us an update. 

[Anonymous]

This.

Disputing a valid purchase (though overcharged) of a huge amount (a car) could easily land you with collections accounts, if not possible criminal charges and/or lawsuits from the car dealership. 

Amex refunded you. You need to talk to Amex about HOW you should return the car to the dealer. You don’t own the car.

[Anonymous]

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@JVille wrote:
The car regardless of intent on either parties side has now not been paid for. Some legal communities may call this theft. These folks may be crooks but the OP must seek legal advice. He is going to be screwed by these people. At the very least he Can/WILL be turned over to collection, he has broken a legal contract and at this point it’s on him to prove to the courts (not the bank) that the Contract was illegal.
The OP may also want to contact the Attorney Generals Office in his state. And seek legal advice ASAP.

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Absolutely.

It could easily be construed as theft. OP shouldn’t have disputed the entire car purchase, but should have talked to Amex and dealership about a fair amount that they had agreed on for body work/etc. Since Amex refunded the total, OP needs to talk to both Amex and dealership about how to get the car back to it’s owner- the dealership (or, if Amex chose to eat the cost alone, Amex).