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Car dealer sold the truck to someone else after my credit union emailed them a copy of the check that was being overnighted to them.
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Sorry for the length and I am mobile I went to a dealership on Friday to test drive a truck I saw online. In my hand was a print out of an email from my credit union stating I was approved for a loan and "When you find a vehicle have the dealership fax/email me the signed purchase agreement. By the time I made it to the dealership and went through the "let me talk to my manager" dance and explained to the manager that I did not want to try using their financing because I owed 7000 on my current loan through my credit union for a car that sat at the body shop for a month waiting to be totaled out. I explained that the credit union was approving me for the new loan knowing the old loan was about to get paid off. Sorry back story there. So that shuts the manager down and then the salesman writes up the figures for around $19,900 plus $400 or $500 doc fees. For a truck they advertised for $17'500 because of course there are always hidden fees. I wanted the low mileage truck so I said $19k out the door and we have a deal. I sign on the line below the little scribbled 19k the salesman wrote on the back of the figures page, typical used car dealer BS. They take me over to the new car side to the finance department. I get on the phone with my insurance so I can have the binder sent to my credit union as requested. I sit down and sign the purchase agreement and all the odometer disclosures etc. I get insurance on the vehicle and they tell me.thwy are sending the requested information to my credit union. Of course by this time the credit union is closed, the loan Dept is not open weekends and closed Monday for Columbus Day. The finance manager and I discuss all this and he tells me I can drive the truck home.after they get the funds. He sends me.back to used cars. Salesman asks if I got a paper tag from finance and I day no I don't think I can take the truck home until my credit union sends the funds. He tells me.he is moving the truck to storage unit I come get it so it will be off the lot. I go back to finance and speak with the manager to confirm I need funding and will talk to the credit union Tuesday when they open. I get an email Tuesday from my loan officer at the credit union stating she has no information from the dealership. I scan my copy.of the purchase agreement and send her but she needs something from the dealer showing the credit union as the lein holder. I call the dealer and speak to the finance guy who filled out the paperwork he verifies her email and fax number. I get busy at work and hours go by. I finally hear from the loan officer and she has no info still. I call the dealership repeatedly until I get angry and finally get to speak to someone. They say they will contact the credit union and get it taken care of. I get word back from my loan officer, all is good. She cuts a check and emails me a copy of it and the FedEx overnight label I didn't realize it at the time but she also cc'ed the finance guy. I watch FedEx all day today and see the package is delivered. I call and verify with the finance manager that he has the check and I can come.get my truck after work. I get picked up and driven there. Talk to my salesman and he says he will go get my truck. 4 salesman jump in a truck and drive away. 20 or so minutes later they come back and the salesman tells me.they sold my truck to someone else yesterday (Tuesday) evening. They claim the purchase agreement means nothing and it is my fault because I did not hand them a check Tuesday like I was supposed to. I thought my credit union would do a EFT when I signed the purchase agreement. Little did I know they would send a live check. The dealer claims they had no idea a check was coming and I didn't see until I left that they HAD received the email with the copy of the check BEFORE they sold my truck to someone else. Their solution? "We're going to send the check back because we won't even attempt to get the truck from the other purchaser" My question is do I have any recourse? They were informed the check was coming, they sold the truck to someone else anyway and then accepted the check from my credit union for a truck they no longer owned. Oh I am in Oklahoma and my credit union is in Texas

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5 years ago