| Unfortunately there are too many car dealers willing to | | | | inventory and is paid-off when a car is sold. For most |
| commit scams and illegal activities. Not all dealers are | | | | dealers they could not or would not want to keep 150 |
| bad but, the actions of a few have left a stain on the | | | | cars on their lots without floor plan (if those 150 cars |
| industry resulting in the perception among the | | | | averaged a cost of $20,000 each the dealer would |
| American public that every car dealer is a scammer or | | | | need to tie up $3,000,000 in their inventory). So, when I |
| an out-right criminal. I know this is not the case, but I | | | | bought my Eclipse I took out a $20,000 loan from a |
| also know that there are plenty of bad car dealers | | | | bank. That bank pays the Mitsubishi dealer $20,000 on |
| praying on consumers so as The Auto Insider I want | | | | my behalf for the car. Then the car dealer is |
| help protect you from a prevalent car dealer scam, | | | | responsible to pay the floor plan bank their money. This |
| Title Fraud. It has been around for years and I recently | | | | is usually done within 2 or 3 business days. |
| read a story about a dealer committing this scam in | | | | Every day ethical car dealers payoff their floor plan |
| the San Diego Union-Tribute. The story details the | | | | lenders for the cars they sell, but remember I was |
| penalties a now defunct Mitsubishi dealer in Escondido | | | | unlucky enough to do business with the San Diego |
| California received for being found guilty for the crime | | | | scammers and they decided to delay paying off their |
| of title fraud. The news article describes how the two | | | | floor plan lender so they could use the $20,000 from |
| dealer principles have been found guilty of | | | | my loan for their own purposes. Now, you may not |
| misdemeanor counts of failure to transfer ownership | | | | care that a bank is getting scammed, but you are in |
| of vehicles. Only one owner showed up to the court | | | | danger too. When a dealer plays with the title of a car |
| date and he was sentenced to 1 day in jail, 3 years | | | | they sold they must 'fudge' some paperwork to |
| probation and ordered to pay $40,000 in restitution. | | | | ensure they do not get caught in the scam (a dealer |
| The second owner, who failed to appear, has had a | | | | caught doing this could lose the ability to have floor |
| bench warrant issued for his arrest. This Mitsubishi | | | | plan and be put out of business). Typically they will |
| dealer had 32 complaints against them and the guilty | | | | delay the registration of the car (a dealer does not |
| verdict followed a 10 month investigation. | | | | register cars until they are sold). So in the example we |
| A Dealer commits title fraud for two main reasons, | | | | used lets assume that they do not register my car so |
| desperation or greed. Today there are a surprising | | | | they can use the $20,000 they received from my car |
| number of car dealers who are having trouble paying | | | | loan and now that dealer has put me in a very |
| their staff and their bills forcing them to make | | | | dangerous position. |
| desperate decisions like committing title fraud. When a | | | | Imagine if I am in an accident, no fault of my own but |
| dealer is desperate title fraud is appealing because it is | | | | my car is damaged and I'm hurt badly enough to need |
| remarkably easy to do and offers immediate and | | | | medical attention. The accident is not my fault but |
| substantial amounts of money, so of course it also | | | | when the insurance company for the person who hit |
| attracts the extremely greedy car dealers. A car | | | | me finds out that my Eclipse is not registered, that |
| dealer can commit title fraud in two ways, when you | | | | gives them the legal right to deny my claim because |
| trade a car in and when you purchase a car from | | | | an unregistered car does not have a legal right to be |
| them. | | | | on the road. So the at fault driver's insurance company |
| I want to use a typical car deal to show you how a | | | | refuses to pay for my medical needs or the damage |
| car dealer commits title fraud with your trade-in. Let's | | | | to my car, all things they would have paid for had my |
| assume I am doing business with the crooks from | | | | car been insured. To make matter worse, my |
| Escondido and I just traded-in a 2004 Volkswagen | | | | insurance company does not pay me anything |
| Passat. I bought the car 3+ years ago and I have 10 | | | | because they are voiding my coverage for driving and |
| months of payments left at $375 per month. As part | | | | unregistered car! Now my medical expenses along |
| of the deal they give me $14,000 for the car. Now I still | | | | with the cost to repair the Eclipse come out of my |
| owe $3,750 on the Passat so the dealer is putting | | | | pocket which could easily total $75,000 to $150,000 or |
| $10,250 towards the purchase of a new car and they | | | | more! |
| will pay off the remaining $3,750 I owe to the bank for | | | | So, a dealer not handling your title properly can be a |
| the Passat, a very typical car transaction. In most | | | | big problem, yet it is an easy scam to avoid. If you |
| states by law the dealer has between 3 to 5 business | | | | trade-in a car to a dealer and the dealer is responsible |
| days to complete the deal by paying off my old | | | | for the payoff call your trade-in's lender and let them |
| Passat's bank. | | | | know that they should expect a payoff shortly from |
| This is standard car dealer business but some dealers | | | | (name the car dealer). Also, it is not a bad idea to write |
| use a scam so they can hold your trade-in's title and | | | | that lender a letter to state when you traded in their |
| use that money for themselves. They might wait a | | | | car, what the total trade-in value was and when you |
| month, two months or maybe plan on never paying the | | | | gave the car dealer possession of that lender's car. |
| $3,750 to the Passat's bank. A dealer does this so | | | | The bank will appreciate this information, they might |
| they can use that money without permission, interest | | | | contact the dealer to alert them to their knowledge of |
| free. And while they commit title fraud their customer's | | | | your situation and this would greatly discourage a |
| credit gets damaged. Who do you think is responsible | | | | dealer from committing this scam on you. And if the |
| for the $3,750 still owed on the Passat in our example, | | | | dealer is foolish enough to attempt this title fraud the |
| you guessed it.... ME! A car dealer pulling this scam will | | | | information you gave to the trade-in's lender will help |
| do a great job of lying to the lender and customer to | | | | prevent that bank from looking to you for any future |
| put off having to pay off the trade-in for as long as | | | | payments and not damaging your credit status. |
| possible. | | | | Now, if you have a loan with a bank for a new car I |
| The other way a car dealer can hurt you by | | | | recommend calling that lender the day after you take |
| committing title fraud on the car they sell to you. Using | | | | possession of your new car and inform them that you |
| the San Diego crooks again for my example; let's say I | | | | are in possession of the car and ask them when your |
| went in and bought a new 2007 Mitsubishi Eclipse SE | | | | first car payment will be due. While on the phone go |
| Coupe from them for $23,500. I put $3,500 down and I | | | | over information like your name and address to be |
| am financing the remaining $20,000 plus interest, tax | | | | sure everything is correct. A car dealer trying to |
| and tags, over six years. Another simple, | | | | commit this scam will often put incorrect information on |
| straight-forward car transaction and I stroke them the | | | | banking documents to mislead the bank to delay their |
| $3,500 check, sign all the paperwork and drive away in | | | | anticipation of payment. During your phone |
| my hot little sports car, everything's great right? Sorry, | | | | conversation with the lender make note of the people |
| remember I made the mistake of buying my Mitsubishi | | | | you spoke with. By making this phone call you are |
| in Escondido so instead of completing the transaction | | | | cemented your business relationship with that lender |
| (with the California DMV and the bank I have my loan | | | | and if there is a problem in the future you have |
| with) in 3-5 business days, you guessed it, they decide | | | | already established an ownership time-line. And finally, |
| to pull a scam and not properly issue a title and not | | | | call your insurance carrier to ensure that they are |
| complete all the associated paperwork. | | | | aware that you are in possession of a new car and |
| When a dealer does this they can delay paying off my | | | | that any funds that have been paid to them to insure |
| new Mitsubishi to their floor plan company. You see, | | | | your old vehicle are now applied to the new one. |
| virtually every dealer uses floor plan to stock their lot | | | | When this information is confirmed make note of it, |
| with inventory (I only know of two that don't). Floor plan | | | | you want to know that you have insurance in place |
| is a program that allows a dealer to have cars on their | | | | when you are driving that new car. Taking these |
| lot that they have not yet purchased. The dealer uses | | | | precautions can go a long way to helping you avoid |
| a lender to that provides 'a loan' that enables the | | | | serious troubles and financial losses in the future. When |
| dealer to stock a large number of cars on their lot | | | | you are buying a car you need to be smart and be |
| without tying up huge amounts of money. The lender | | | | careful! |
| receives interest payments from the dealer for their | | | | |