Need help understanding the 2015 recall.

[PMCErnie]

I see. You may be be correct however it really not a contract issue.

The car seems to be clearly signed to the new owner and is being held from her due to a recall that has not been made official as of yet. However, the best bet is for her to just either wait for the dealership to perform the recall repair or obtain legal counsel and use the lemon law to get out of the contract if she does not want to wait until May for her car since the dealership sold her a defective car.

I personally would car the police and state the dealership is holding my personal property without due cause. Police can mediate in some cases if the issue is cut and dry. Hyundai has not issued a recall that prevent the car from being driven by owners or any recall as of yet, so the dealership is clearly wrong to deny the owner her car at signing if payment was made.

The real question is did the dealership let her test drive the car and then take it away from her at signing?

The story does not add up to be honest.

Bingo.

 

[Jholt59#]

If you do call the police. I would state that you purchased a car that the dealership will not release to you even though you paid for it, which is criminal on their part since the proposed recall do not mention anything about retaining a customer car as a solution. Trust me, if you drove away with the car without paying for it; the dealership would send an police officer to retrieve the car from you.

A police officer would most likely just force the dealership to give you your property if the car can be driven and the supporting documents they provide does not state otherwise. Once you signed the papers the car is yours(or banks really); especially if you or the bank paid the dealership at signing.

Note: I would first check with the bank to ensure the dealership was actually paid before calling the police since the car is still the dealership property until they receive the money for the car which could take a week or more to process depending on the bank.

I paid them with cash and my debit card On the 26th of March.. It's been a week since I put down my money. I have my contact and receipts.

 

[Jholt59#]

I paid them with cash and my debit card On the 26th of March.. It's been a week since I put down my money. I have my contact and receipts.

I called the police department in Schaumburg and they said they would come and stand by.

 

[EdP]

Bingo.

Her best recourse may be to march outside the dealership with a sign "XXX stole my car"

 

[greekgeek]

I see. You may be correct however it really not a contract issue.

The car seems to be clearly signed to the new owner and is being held from her due to a recall that has not been made official as of yet. However, the best bet is for her to just either wait for the dealership to perform the recall repair or obtain legal counsel and use the lemon law to get out of the contract if she does not want to wait until May for her car since the dealership sold her a defective car.

I personally would call the police and state the dealership is holding my personal property without due cause. Police can mediate in some cases if the issue is cut and dry. Hyundai has not issued a recall that prevent the car from being driven by owners or any recall as of yet, so the dealership is clearly wrong to deny the owner her car at signing if payment was made.

The real question is did the dealership let her test drive the car and then take it away from her at signing?

The story does not add up to be honest.

Just spit balling here, not a lawyer... but the dealer likely holds title, so it is their property until transferred (as part of performance of the sales contract). Careful reading of the sales contract would be needed to sort it out, and that will not happen except in civil court, not the boys in blue. Courts enforce contracts, not the police.

Better to call a lawyer and let us know how it works out.

And yeah something really is not adding up. If I read correctly, they would deliver it to a Hyundai dealer, under an assumption the Hyundai dealer would assume any risk of releasing it to the customer under recall. Maybe just do that as path of least resistance and move on.

 

[GarnetTy1473]

Because it is a safety recall, Hyundai put a stop sale on all vehicles, so the dealerships are not allowed to sell them. Unless this is a non Hyundai dealer that sold you the car. We have a few cars here that have the recall. AFAIK, we can take a deposit to hold the vehicle, but cannot legally sell the vehicle since Hyundai does not have a fix for it yet, and we don't know when a fix will be available.

 

[JeffSea40]

The story does not add up to be honest.

Yes, something definitely smells ...

 

[Jholt59#]

Just spit balling here, not a lawyer... but the dealer likely holds title, so it is their property until transferred (as part of performance of the sales contract). Careful reading of the sales contract would be needed to sort it out, and that will not happen except in civil court, not the boys in blue. Courts enforce contracts, not the police.

Better to call a lawyer and let us know how it works out.

And yeah something really is not adding up. If I read correctly, they would deliver it to a Hyundai dealer, under an assumption the Hyundai dealer would assume any risk of releasing it to the customer under recall. Maybe just do that as path of least resistance and move on.

They let me test drive the car w/o a sales person and told me to take my time. I do have Genesis motor Corp. And the finance company on their butt right now. We will see after today. They are seeing if my car can be delivered to Madison and repaired and provide me with a loaner until the recall repair has been completed. We will see what happens.

 

[GarnetTy1473]

They let me test drive the car w/o a sales person and told me to take my time. I do have Genesis motor Corp. And the finance company on their butt right now. We will see after today. They are seeing if my car can be delivered to Madison and repaired and provide me with a loaner until the recall repair has been completed. We will see what happens.

You might be in a loaner for awhile though, as they don't have a fix for the recall yet.

 

[Jholt59#]

Because it is a safety recall, Hyundai put a stop sale on all vehicles, so the dealerships are not allowed to sell them. Unless this is a non Hyundai dealer that sold you the car. We have a few cars here that have the recall. AFAIK, we can take a deposit to hold the vehicle, but cannot legally sell the vehicle since Hyundai does not have a fix for it yet, and we don't know when a fix will be available.

It is a Hyundai genesis dealership. I have not seen a stop sell notice. Carfax has the information and so does the nhtsa. But it says the remedy for now is to park the car outside. It did not say dealers can keep the car in their possession until repaired. I didn't give a deposit. I got finance and put down a down-payment and have insurance on the car.

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[Jholt59#]

You might be in a loaner for awhile though, as they don't have a fix for the recall yet.

 

[Jholt59#]

I know that is why I want my car. Recall notice goes out on May 7th to the dealers and the owners of the vehicle. Some folks may not even know there is a recall yet. Since they know about it from carfax they think they have a right but I say they don't because carfax is not the official notice.

 

[Jholt59#]

You might be in a loaner for awhile though, as they don't have a fix for the recall yet.

 

[Jholt59#]

They just offer me 300 for a rental reimbursement. Saying to keep the receipts. Why do I need to shoe out more money. Not sure how long that will take to get my money back. BBB already got a complaint about how long it takes them to satisfy the customer. I don't even want to respond to them now. Still haven't said anything about getting my car to Madison.

 

[JeffSea40]

Folks, something is fishy here ...

The OP says, at one point, "I paid them with cash and my debit card"

Several posts later, the OP says, "I do have Genesis motor Corp. And the finance company on their butt right now."

WTF? Is this just a troll? I gotta believe several others of you have had this thought ...

 

[EdP]

Folks, something is fishy here ...

The OP says, at one point, "I paid them with cash and my debit card"

Several posts later, the OP says, "I do have Genesis motor Corp. And the finance company on their butt right now."

WTF? Is this just a troll? I gotta believe several others of you have had this thought ...

Cash and debit card are sometimes used synonymously. Or she could have had a wad of cash and more from her debit card. She made a down payment.
Genesis Motor Corp is a separate entity than Genesis Finance or any other finance she may have used.
Garnet said they were instructed not to sell the cars subject to the recall. That adds a lot of credibility to the theory.

 

[Jholt59#]

Folks, something is fishy here ...

The OP says, at one point, "I paid them with cash and my debit card"

Several posts later, the OP says, "I do have Genesis motor Corp. And the finance company on their butt right now."

WTF? Is this just a troll? I gotta believe several others of you have had this thought ...

I am a real person n you need to read the whole feed. Yes I did give my down-payment two different ways so now what? Maybe you are the troll insensitive ass.

 

[joegr]

Well, your communication on this issue could be clearer. (I know, you are upset...)

Anyway, is this summary correct?

1. You completed the purchase of a car, with the major exception that you have not been able to receive said car.

2. The selling dealership screwed up in that they did not check/notice the pending recall before they completed the sale to you.

3. You refused the only remedy that the seller believes they have, namely to reverse the sale.

I guess the question remains as to whether or not the seller can deliver the car to you without liability or being in violation of some contract to Hyundai? And at the same time, how can they hold your money and not provide you the car?

 

[Jholt59#]

I have decided to let the genesis go and choose some other options they have provided me with. These four options have no recalls I did more research this time. They gave me 250 for my inconvenience and drop the prices on the other vehicles. Also my note will be even lesser and I don't have to purchase a warranty. He also offered to pick me up on wed morn and drive him back.

 

[MarcusTheMan]

Dealership Shall At Least Provide A Loaner On Their Behalf. I Know My Hyundai/Genesis Of Charlotte Would Provide A Rental Of Some Sort Just For The Inconvenience. They Paid For Rental At The Beginning Of The Sonata Recall When My Car Lost All Power While I Was Turning In The Middle Of An Intersection(They Just Got A Rental From Enterprise Because Hyundai Hadn't Released A Fix Yet And They Were Looking Into Replacing The Whole Engine) Then They Gave Me A 2021 Tucson When They Were Replacing My Airbag Module In My Genny But The Wrong Part Was Delivered At First.