FREE 99 4runner?

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drtyjerz47

New member
i would like some feed back from some sort of legal point of view

so i went to the dealer to buy a car, i gave them my pre approval check

2 days later they call sand tell me i never signed the back of the check so they over nighted it to me, i signed it and sent it back.

the check is good till the end of February. i called my bank and they said the dealer never cashed it.

if i have signed the check, i have the car, and they just haven't cashed it. what happens when it expires???
my bank said they can not hold me accountable for any loan if the dealer didn't cash it

so if it expires while they have it..... do i get it for free?
 
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im brining this up because they have already been sitting on it for over a month with out cashing it. this isn't a "they just got it wednesday and its sunday " situation. its been about 5 weeks
 
drtyjerz47 said:
i would like some feed back from some sort of legal point of view

so i went to the dealer to buy a car, i gave them my pre approval check

2 days later they call sand tell me i never signed the back of the check so they over nighted it to me, i signed it and sent it back.

the check is good till the end of February. i called my bank and they said the dealer never cashed it.

if i have signed the check, i have the car, and they just haven't cashed it. what happens when it expires???
my bank said they can not hold me accountable for any loan if the dealer didn't cash it

so if it expires while they have it..... do i get it for free?
Click to expand...


There are still many days left in February, so it's highly unlikely that your check will remain uncashee. That said, unless the dealership has already sent the title signed over to you, then they are still the legal owners of the vehicle. Yoh do not have ownership until a clean, signed title is registered under solely your name through registration. I say solely your name because many people will have a title with a lienholder still on the paperwork even when they have their loan paid off. Legally, even though your loan is paid off, if you haven't received the lien release from the loan holder or if you have and have not yet had a new title trasfer without their name on the loan, then they are still owners of the vehicle as well. I had this happen with an Element that was totaled out a few years back. I had a 1 year note on it to just help establish more credit, had it totaled by a phone distracted sorostitute about 5 years after paying that note off and did not realize that I never received the lien release from the loan holder. Ergo, when I received the insurance check, the bank was also on the check. I had to have them give me the release, update the title through a tag agency, wait for it to come back in the mail, then take the insurance check back to th bank with the new title to have them sign over the check to me. It thoroughly elongated the process making us live as a single car family for a number of weeks.

The point? There are a bunch of legal steps and procedure that have to be followed to procure ownership of a vehicle. Check cashed in time or not, you won't legally own that vehicle without having a title in hand with solely your name on it.
 
The agreement isn't time dependent. If your check expires, you'll have to submit another one. If they cant cash your check, you haven't paid them.
 
Point it toward Mexico. Don't stop driving till you cross the border.

Begin a new life living out of your free 4runner.

Never look back.

It's the only reasonable choice to make.
 
Brilliant said:
The agreement isn't time dependent. If your check expires, you'll have to submit another one. If they cant cash your check, you haven't paid them.
Click to expand...

True. To save yourself a bunch of potential headaches (as in title problems) I would suggest calling the dealer and letting them know what's going on. If they lost the check or something, now's the time to get another one and get it straightened out (if they lost it make them pay the stop-payment fee as a condition of getting them another check). As Brilliant said, you don't own the car if they haven't received money, even if you gave them a check and they failed to cash it. The check represents cash (which is why you can't just write a bad check) - until it turns into cash the sale isn't complete.
 
Mexico bound! I have a 79 gmc Winnebago i might be willing to part with for your homestead. No checks though only cash.
 
As much as I love the 4runner, there is only 1 vehicle in which to make your escape to a new life in Mexico.

oj%2Bwhite%2Bbronco.jpg
 
drtyjerz47 said:
if i have signed the check, i have the car, and they just haven't cashed it. what happens when it expires???

so if it expires while they have it..... do i get it for free?
Click to expand...

When you signed the check you signed a contract agreeing to pay! It doesn't matter if the check expires, you still have to make that check good. You signed it, you owe it.

There is no free lunch.

:couch2:
 
bpowa said:
wishful thinking... How old are you? :fish:
Ill be damned if I let a deal go for free.
Click to expand...



im 23 and always looking to play the angle.

but thanks for the info gents. ill keep calling the dealer. hopefully one of these days they decide to call back
 
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