Legal Question in Business Law in Florida

On Jnauary 6th Gettel Kia made a deal with us we traded our Van in for a new xar, on January 20th they had not paid off my trade vehicle so I contacted them they said the financing had not gone through I told them my bank was calling and wanted cr payments made which was december and january payments do not pay them as you do not own vehicle we do , after too many calls and threats of repo from my old bank i called better business bureau attoney general and the dealership said we will give you back your van give us your suv so we did and I made my payments up plus late charges. Then on 2/2/10 I was sent notification by email from my bank that my van was paid off and I would be getting my title and a refund check in the mail in a few days I was very surprised and called to ask who paid offf my vehicle, they said they did not know but it was paid in full, now i am not sure what to do, could you tell me legally what i can do i do not want anything to do with that dealership they caused me great stress for a month and i had to fight with them to get my vehicle back call authorities as when i talked to them they said do noy make a payment it is not your van, then when i talked with them about giving back my van they said we arenot releasing anything to you i do not care who you bring in here even if it is an attorney it is our van after they were contacted by attorney general they called and said we are going to do you a favor and back out of the deal well there was no deal at that point as i talked to diver finance my self and they told me that the paper work had not gone through, then when we went to get our van bacl the manager told me we owed him 1,250.00 dollars a sthey had worked on the van getting it ready to sell i told them you are not getting a dime i did not authorize repairs and it is a 2008 with new tires on fron t the interior is mint some scrathces on body so i do not know what you did but you are not getting any money. he finally said just forget it we will eat the cost. As it turned out after going over our vehicle he realized all they had done was put new tires on it. Where do I stand legally The manager said he was waving the fee fot our aggravation, well I had told him before I have a neurological disease on permanent disablity and I am not supposrd to have stress and you have caused me nothing but stress so you either give me my car back now or get it paid off and they said you should have been making your old car payments until we paid off your loan what a confusing mess . I will have the title soon and do not know what to do, I would love to be able to tell them Thank You for pying off my vehicle as your way of telling me sorry for all of the stress you caused myself and husband bit I really am not going to go back and get the car deal and give them my van they are nothing but liars and I want nothing to do with them Please help Shirley Howard Phone # 727-642-9101


Asked on 2/04/10, 4:45 am

1 Answer from Attorneys
Joseph Brien THE PEOPLE'S ADVOCATE

If I understand you correctly, your current vehicle (the Van) was paid off by the Car lot who tried to sell you another car. If this is a case, the car lot will notice when they do an audit. You can wait for them to find out and advise that you will setoff the money owed by your damages. The $1200+ and any other damages that you are just. Legally, it is unjust enrichment to keep the money.

Read more
Answered on 2/15/10, 1:16 pm


Related Questions & Answers

More Business Law questions and answers in Florida