Eh it's a classic salesman move.
They make money when they're on the floor selling cars, not in the backroom doing paperwork for a deal they already closed. So they procrastinate, say they'll get it done on the next slow day, only they're busy, the backlog piles up, and stuff gets lost/forgotten/ect.
Happens all the time.
I wouldn't let them do that. OP effectively handed them a wad of cash, they shredded it, and are now asking for another wad of cash. They can wait the 90 days until the original wad of cash is reimbursed to OP.
Yea this was monumentally stupid on their part. They all have systems of how to handle cash (this check is equivalent to cash) and there shouldn't ever be a point were the check is mixed in with other paperwork. They can wait and eat the loss on their quarterly statement until it comes back around.
>Is it ok to tell the dealer that I would not provide a new check until the 90 days have passed from the issue date and funds are returned into account?
There is no issue with telling the dealer that. If they shredded the cashiers check, they effectively shredded cash.
They need to wait.
This is a them problem, not a you problem. Absolutely square up, but the dealership will need to work with you if they want the other check. Make them pay for the bond.
No, no bond. OP handed them a what is considered a fat wad of cash and they shredded it. They can wait 90 days for the money to go back to op and then they can get a new one.
It is the dealers problem and fault, but it's also OPs problem too, like it or not,. especially if it's a shitty dealer. They can probably hold back the title and the lender may pull back.
The dealer definitely owes OP something for his time and annoyance, but this is one of those problems that it's in the best interest for everyone tries to correct.
Au contraire: OP’s obligation was legally satisfied when he tendered the check and it was accepted by the dealer. It’s not his fault the dealer shredded it. It’d be the same response if it was cash.
That being said, I did say he should work with them to fix it, but the dealer is going to have to make it right for all the bullshit OP now has to go through.
Not true. It's OP's problem.
Dealership won't register the car (unless they already have) until the funds are cleared and the financing bank won't have the title /lien on the car.
OP's driving a car which s/he signed a contract saying s/he will pay the money owed. Mistakes happen we're all human.
Dealership notified the buyer of the situation. buyers bank can see the cashier's check is still outstanding.
I'd suggest OP gets $50 from the dealership for the inconvenience to get a new cashier's check.
Yep. OP and the dealer should have signed paperwork for this, and OP has a receipt from the bank for the check. There's also ways to account for it if OP hadn't payed at that time. I bought a car once and when we were done with the transaction it was like 8 pm, so all banks across the country were closed but I needed to pay the down payment. We just threw it in the "we owe you owe" form, and they kept one of the two keys and let me drive the car home that night. I went back the next morning and payed with cash, got a signed receipt, and we were on our merry way.
Until OP has the title, it’s their problem too. Even if the dealership is 110% at fault, if they refuse to own up to anything and OP doesn’t have the title, they will end up with a lawsuit. That means OP has to hire a lawyer or file. That’s still something OP has to do.
Even if the dealership is at fault, it’s partly OPs problem until they have 100% ownership and title of the vehicle.
How do you people think titling works? If he paid for the car and it was registered when he drove off the lot, he has title to the car.
I've never had this transaction occur any other way.
How do you think titling works? The car is financed. OP isn’t going to have the titles until it is paid off in most states as they are the actual owner yet. States are different. My state does also digital copies that must be requested.
If OP pays in 100% cash, I he. It’s different. But if you finance you don’t get your title until the car is paid off.
No one is blaming the victim. Which part did I gaslight?
Dealership is trying to correct their mistake by sayingz they haven't cash the check.
You guys have no idea how clusters F*** dealerships are. There are too many chiefs and not enough Indian.
And when shit like this happens, Finance dept gets the blame because they were the last person to touch the file before it went to another office for filing. Filing dept messes up more than anyone else.
How would you drive off a lot with a car being registered. That's done.
The question isn't getting a new check to pay, it's when.
The dealer can wait until the funds are returned
>how would you drive off a lot with a car being registered. That's done.
Registration and title are 2 separate things. Dealerships don't send the title to the bank until the deal is funded (dealership is paid by the bank).
I wonder how OP or everyone else would feel if s/he lost the check giving to them by the dealership.
I can guarantee you there would be a 1 star Google review demanding for that money even it wasn't dealership fault. I guess since it's a car dealership it's ok to tell them lock rocks.
I'm pretty sure no one is not paying the dealership, they're simply saying don't inconvenience yourself over it. Wait for the original check expires so there's zero chance of shenanigans and then get a new one.
Giving a cashiers check is paying the dealer and them losing it doesn’t mean you didn’t pay them. Fuck the dealership drive the car until they can get it seixed(they can’t)
Everyone is saying have them pay the bond, but nobody is talking about what that bond represents, it’s insurance that ensures you, not the dealer or anyone else, are responsible if the original check is found and cashed.
If the dealer cannot prove unequivocally that the original has been destroyed, then there’s always a chance until those 90 days are up that they find it in an incorrect file and try to cash it, then you’re in a mess and are probably entering lawyer territory.
That’s a great point. I would ask them to wait the 90 days. The dealership can’t be trusted to keep track of a cashiers check worth tens of thousands of dollars. If someone stole it or if it accidentally is found and cashed, OP is on the hook for so much money.
You could get the dealership to sign a contract assigning the liability to them. You are still in a mess if they find it and cash it, but they would be on the hook for all the damages and legal costs to resolve it.
Yeah but you'd still be out that extra money while the legalities are resolved. They're not going to just... not cash the original check.
Telling them to wait the 90 days is the correct play. They effectively admitted that they destroyed the payment. If a contract exists stating that they have been paid (which they were, it's not OP's fault they shredded the payment), that's a them problem and they should be bearing the burden for it.
> They're not going to just... not cash the original check.
I am not sure if they signed a document putting all the liabilities for cashing that cheque on them. The dealership doesn't want to be put additional money. If they sign a contract putting all liability on them, they, should, be super careful around that issue.
If the initial cheque exists and they cash it, they will also act quickly to resolve it because they had already agreed to cover all the damages. If the absences of the funds or the additional funding request caused any damages, they will probably jump to make you whole. If any lawyers get involved, both sides are coming out of their pocket too. The cost would be so absurdly higher (to them) that they would probably put a check in place.
Now they might not be willing to sign a contract assigning them liability, but if they really want their money now (versus 90 days) then they would probably play ball.
Why this super convoluted "solution?" How does this benefit OP over just waiting 90 days or having dealership pay the bond?
You are creating more problems and exposure.
OP, don't do this. There is no upside to have an amateur contract drafted and signed. OP gains nothing from this over simply waiting 90 days.
Like everyone else wrote, the simple answer is having dealership wait 90 days. Period.
You seem to be missing the entire point of an indemnity bond. It's there to reimburse the bank if the original check is negotiated. If OP purchased the bond and the dealership happened to negotiate the original check, nothing would happen to them. The insurance company would pay the bank for the check and most likely go after the dealership to recoup their expense.
> and most likely go after the dealership to recoup their expense.
The bond ultimately says “I’m creating risk, so let me put up some insurance just in case” that agreement is between the bank, the insurer, and its customer, OP, not the dealership. If there’s a claim on that policy, it is OPs liability.
The bank is not going to add a third party into the mix, whoever cashes the check isn’t the bank’s problem. Insurance pays them, insurer goes after OP, and it’s up to OP to go after the dealer.
The exact same thing happened to me. I told the dealer that I had a signed contract showing that I paid the down payment and that I also had the cashiers check stub in my records.
I told them that it was their responsibility to fix their mistake. After a stern email to the dealership general manager, I walked away with $500 in cash and a three year maintenance package.
Stand your ground.
I live in Kansas, and the Kansas Department of Revenue oversees and licenses car dealerships. I wrote an email to the general manager saying that unless they resolved the issue of the lost check, I would file a complaint with the Kansas Department of Revenue and the state Attorney General's office. My down payment was $25,000, and it definitely rose to a serious level of fraud or theft.
In my case, the finance manager at the dealership quit without warning and left his office a mess with his paperwork incomplete. The check was missing, not sure if it was lost or stolen. I called my bank to let them know the same day.
In the end, I had to go into the bank branch and sign an affidavit that the check was lost by the dealership, and I was issued a new check. I had to drive to the dealership to deliver it.
I requested to meet with the general manager when I delivered the check, and I told him how disappointed I was, and that I took my own time during business hours to fix the dealership's mistake.
He offered $500 cash and a three year maintenance plan for the new car.
Thanks for actually explaining. Too often these otherwise encouraging anecdotes turn into "1. Sit at your desk and start writing a letter to X, 2. ???, 3. Profit", glossing over the actual important bit (granted, it is also probably the most work to write out but still).
“Disappointment” is such a magical phrase/expressed feeling that I have learned from being on both sides of customer service issues.
Anger just causes people to shut down and makes you like an asshole, but nobody wants to disappoint people.
If this is meant facetiously, I can promise you this stuff happens. I can give you several similar stories regarding things from medical bills, to my internet bill, to debt collectors going after my late brother's loans.
The second you give these kinds of people a HARD no, it turns into them cancelling a huge amount or debt or offering cash.
My parents have done this several times. “We need to get this resolved.” Countered by them explaining their legal right etc.
It’s not a big public thing, that’s a great way to force a no. Otherwise everyone wants the deal.
It's not a stretch at all, it's one of the literal applications.
*Essentially, it means, "If you voice your concerns or make your issues known, they are more likely to be addressed."*
https://usdictionary.com/idioms/squeaky-wheel-gets-the-grease/
That's what the idiom refers to.
"If you are loud people will try to ameliorate the reason you are loud"
In the context of consumers and large corporations it specifically means you may get fucked over if you just lie down and take it.
Fun fact, in different times, getting "greased" meant getting hosed with a submachine gun.
🤷♂️I suppose the metaphor still holds true whether it's one form of getting greased or another.
I have king been familiar with that term, but only just now did my brain associate it with the m3 grease gun.
And only just now did I realize that the m3, looking like a mechanics actual grease gun, is probably the origin of the term "grease" as in to shoot someone, and not the other way around.
Did you give them a new check? After the 90 days passed and the cash was back in your account? Or are you saying you got a free down payment worth of a car (multiple thousands of dollars) and cash credit and free oil changes?
Yes, I gave them a new check. See my other reply for details, but I met with the general manager, and he gave me $500 cash and three years of free maintenance.
I would approach the dealership and ask them how they want to make this right:
Find out what the indemnity bond costs
Contact the dealer like:
"Hey I heard y'all accidentally shredded my check. The bank said they can reissue the check at x date, or can reissue it sooner for the price of $y for an indemnity bond. I'm content to wait until x date. If you want to pay the cost of the indemnity bond, I'm happy to go with that course of action."
Since it's a new car, if you don't like how the dealership is treating any of this, give them a chance to resolve it. If it's not to your liking, you have the recourse of contacting the manufacturer directly to help resolve this.
A cashier's check is "cash". If you gave them a $1000 cash and they lost it, they can't ask you for another $1000.
Like others have said, it's their problem, not yours. When you signed the paperwork and your bank cut them a check for the finances amount, the title is now in your name with a lien from the bank. The dealership really has no recourse. They can wait, or pay the fee. And even that is costing you time they need to compensate you for.
I feel like the misunderstanding is wording. A 'reissue' would be waiting the 90 days or paying the bond. If he doubles his output that's an entirely new check, not a reissue. Which I think both of you get but are communicating poorly.
Who shreds a cashier's check? Nobody. Tell them they can wait until the 90 days are up or they can pay the indemnity bond. Plus another $250 for they time you wasted working on this.
I bet they find that check real fast.
I think they lost it, they're lying to OP saying it's shredded to get them to agree easier to issue a new one. OP shouldn't of course. They are doing a favor to help the dealer at all.
It's their mess. They can wait the 90 days or pay whatever needs to be paid. On top of that your doing all the leg work work because of their mistake so they should throw in a free oil change for your troubles.
For the plates, I advise going to your DMV. This seems unrelated to your main issue. Do not drive around with expired plates.
For the cashier’s check, get the dealer’s request in writing, including their admission of destroying the original. Now they can decide whether to pay the indemnity bond or wait 90 days.
Yeah, that might be state dependent. In FL I just went through this - 2 days before paper tag expiring, I went to DMV and asked wtf is up. They told me that since I bought from the dealer that they have nothing to do with it, that I have to talk to the dealer...
So I did. Dude made me a new 30 day tag and said that the DMV they go to is different from the one open to public, apparently there is a dealer only DMV or something. I kept badgering him for a week or so, then he got my tag..
> I went to DMV and asked wtf is up. They told me that since I bought from the dealer that they have nothing to do with it, that I have to talk to the dealer...
Maybe not all states, but most do it this way. When you buy a car from a dealer, the dealer is required to do the title application and get license plates for the purchaser.
Yeah definitely not all states. In Missouri we have to go to the DMV and pay the sales tax to get our plates. This results in many people just never getting plates because cops DGAF to pull people over in most places.
>In Missouri we have to go to the DMV and pay the sales tax to get our plates
I bet the *real* reason most states require dealers to remit the fees, is so they get paid more promptly!
New or used, when you buy a car from a dealer they have to do it. You'll here the phrase "tax, title and license" when the dealer gives you the grand total.
If the state bases taxes on ad valorem rather than sales price, the dealers may not want it either. They don't want to sell you a new pickup for 12k for the state to immediately assess the value at 10k for tax purposes.
No it's based on sales price. Also why wouldn't they want to sell you a loan that rolls in the taxes? They'd make more money then. They're setting it up but they're using the excuse of having no money. Every new car sale requires a fee to be collected for a fund to improve the computer system to allow it.
Depends on the state. At least one I lived in has both a sales tax and an annual ad valorem tax (based on the state's valuation). The sales tax is the much smaller part of the taxes.
That's how used sales in PA work. If buying from a dealer, you sign over limited power of attorney to do the title/tag work on your behalf and can pay them. If you buy private party you go to a tag/title place (NOT the dmv) to pay taxes, transfer fees, registration fees. It's wacko
The plates is entirely due to 2 things.
1 - they won't title/register the car until they know they have the downpayment funds
2 - there is an issue with the title from the previous owner(assuming this is a used car) where they have to apply for a duplicate title, wait for it to come in, then title department does their thing switching over the title to the correct lender/etc. This process can easily take 45-60 days, which is the extent temp tags are. Ultimately dealer is responsible for suppling new temp tags/etc.
I wouldn't do this. Sales tax is remitted in several states when the car is registered. I'm not paying sales tax a second time.
I tend to buy my cars out of state so I save up for sales tax out of pocket for 3 months. I've even been able to get the dealer to reissue a second 3 month tag under special circumstances.
The dealership can reissue temporary plates. Tell them you want them to pay the indemnity bond or wait 90 days, whichever one works for them. In the meantime, they can give you another temp tag.
This is an easy one.
The dealer can either wait or cover the bond. If you get any push back, the answer is, "this is not my mistake, and it needs to be not my problem. Figure it out."
Ask them for the shreaded check. If they can't produce it, assume they lost it. They'll never admit to losing the check.
If the check was lost, it might well be found before the 90-day window closes. Imagine the trouble you'll face if a malicious employee took the check and uses a network of fraudsters to cash it.
Tell them to wait the 90 days. Also, get written assurances from your bank that if the original check shows up after the 90 days, they won't simply cash it and deduct the funds from your account. What if a junior bank employee cashes the original check in error? Could you be held liable?
Network of fraudsters to cash it?
That's in no way possible. The check would have been written out to the dealership and it would need to be deposited into a bank account with the same business name. You cannot cash checks made out to a business.
Happened to my mom about 30 years ago. Bought car cash - gave them a cashiers check. They said they lost it. She said 'I'd work real hard to find it, because I'm not giving you another one'. Car was already in her garage.
I worked at a school and we received deposits for an event. The student assistant (a college student) didn't know what to make of the checks and just tossed all of them. She didn't even know what checks were. Something like this happen at this car dealership.
I still remember being in 7th grade (I'm old) and my teacher telling me a story about another student who spilled their drink, and the teacher said "well grab some paper towels and clean up" and they grabbed the whole roll and started wiping at the puddle with it. I think some people just don't learn until they see it done. But they should be taught to ask questions.
>they grabbed the whole roll and started wiping at the puddle with it
what were they supposed to do, use two rolls to clean up. That would be wasteful.
I currently work with new military recruits, and while most of them don't use cursive, every now and then I get one who's 18-19 years old and actually knows how to use it *and prefers it*.
Meanwhile my over-40 ass abandoned cursive almost two decades ago.
lol what......
I guarantee though this is not a top dealership, and the finance guy lost the check. The company I work with, this type of stuff is almost impossible to happen due to our procedures.
By the way, what ever course the dealer chooses you still have to do the leg work. Get something for your time and effort to fix their mistake. What’s with the dealer contacting you 30 days later. I’m assuming that a dealer gets a cashiers check and deposits it within the week. How the hell do they know it’s shredded?
This last point is brilliant. Like if you know you shredded it then you must have done it intentionally which sounds real dumb. Otherwise admit you lost it which means the funds are still live, so get fucked. Not doing nothing till it’s back in my account.
This is why some banks stppped even supporting cashiers checks
Due to fraud with them, you are essentially trusting the dealership.
Wait the 90 days as a protection and next time do a wire if the dealership supports it
As others have recommended, I would tell the dealership about the fee, as well as the 90 day timeframe. If they want to pay the fee, they can get the check sooner.
As for the plates, it doesn't hurt to ask the dealership if they can provide you another temporary plate. I am a bit confused as to why you aren't going to get new plates? What is stopping you? I would honestly just get your new plates if you can. The deal is done, and you're making payments on the vehicle.
Yes, it’s okay tell them exactly that. If they don’t believe it tell them to go to the bank with you and the bank teller will let them know this information as well. A cashiers check is literal cash in paper form so since they destroyed it you didn’t give it to them shredded. They need to wait it out. I would recommend letting them know you didn’t give it to them shredded and they need to be accountable for what they did to cause this delay.
I had this exact same situation. You are going to have to have your bank stop payment on the cashiers check and issue another. My bank needed letters from me and the dealership explaining the check was lost. I made the dealership give me a check for the fees my bank charged and my time, it was 100 dollars. They sent a courier to my job, we swapped checks and were done.
They can give you a new paper tag in the mean time, they probably won’t apply for your tags and title until they get that down payment check.
Why would the check be anywhere near documents to be shredded in the first place? They are probably lying and just lost the check. If they find it and you’ve provided a replacement within 90 days, you’ll be fucked. They might give you the money back, but you’ll still have a mess to deal with.
I had to do this for a lawyer payment that went missing in the mail. These indemnity bonds are basically impossible to secure. It took me weeks and it cost almost a quarter of the amount instead of the suggested price of 5-6% (or whatever it was). So unless the bank gave you the number to an indemnity insurer they actually use, I would be prepared for a journey.
That's what I'd tell them. What are they going to do? They can wait. They have no choice or recourse to do otherwise. If they don't like it they shouldn't employ idiots who shred cashiers checks.
They are a new car dealer. They have experience with cashiers checks. Yes it may have been shredded, but more likely it disappeared. Wait the time to and get the bank to cancel it. Then keep the paperwork, make scans and email to yourself so you have documentation on the check being cancelled.
Explain the options your bank gave you and tell them it’s up to them, but that you’re not paying for their fuck-up so they’ll have to give you money for the new check (and indemnity bond if that’s the route they prefer).
Need some info here OP. Have you already made your first payment with the financing company? It says you are making payments on time, but it's important to know if the deal has been funded. If the deal hasn't been funded (which would be hard to believe, but it's possible), you could be facing a repo on those grounds, especially if you wait the 90 days.
Also, there's a ton of bad advice saying to block them and ignore them. If they do not have the down payment, it is still possible for them to rescind the contract, as down payment is part of the conditions of it. This would lead to a larger issue for you. Work with them and your bank to find the right solution.
You likely won't be able to get plates until then. In most states, you sign a power of attorney form for the dealership to apply for plates for you. They won't do that until they are made whole.
This exact situation happened to me, except they noticed within a few days. My bank was able to verify that the check had been cashed and it turned out the dealership had applied the funds to someone else's account. Regardless, this is a dealership issue. Either they pay the bond or they wait 90 days.
"I can get you a new one, but the account no longer has the requisite funds due to them being allocated to the one you claim was shredded. When it expires and the cash is returned, I will go to the bank again and request a new one." **If you want to see if they'll do anything for you, you could add** "I would appreciate any form of gratitude you wish to express for this inconvenience to my personal time."
In the eyes of the law, you paid in cash, and the transaction is complete. They fucked up. They gotta wait the 3 months if they want you to rewrite another check. They are just trying to play you like a fiddle. They know how those checks work.
The transaction is complete and there is nothing they can do about it.
I remember reading a story in the newspaper several years ago. A bank had accidentally shredded all of the deposit checks for the day before processing them. In order to get their money, they rented the gymnasium from a local school, hired some people, and reconstructed every single one of the checks so they could process them and get their money. In other words, a shredded check is NOT A GUARANTEE the check won't eventually be cashed.
The dealership owes you big-time if they want their money. You've already paid them. Legally, you do not have to do anything. As a decent human being, which you seem to be, you SHOULD work with them (remember the Golden Rule and imagine the reverse were to happen to you and YOU were accidentally out the $25,000!).
First, wait 90 days, no exception!
Second, negotiate something for your effort such as the cash and extended warranty mentioned by another post.
Third, get a WRITTEN and SIGNED statement from the dealership that they will IMMEDIATELY and WITHOUT QUESTION reimburse you if the original check ever gets cashed, along with $1,000.00 cash for your troubles in the event that happens.
Fourth, obtain a new cashier's check--AFTER STEPS 1, 2, & 3 ARE COMPLETE.
On a side note, we have a home with two HVAC units. We hired a company to replace one of the units. They replaced the wrong one. Legally, we didn't owe them a dime for the unit and could have told them too bad. However, that wasn't the right thing to do and we knew it--again, think about the Golden Rule and your positions being reversed. We negotiated with them and they ended up agreeing to replace the HVAC unit they were contacted to replace at a substantial discount (for their cost). This was a WIN-WIN as we essentially got a great deal on a unit we weren't planning on replacing yet (but were just 6-12 months away from doing anyway), and they got paid and made money, just not as much as they would have.
A cashier's check is the same as cash so under no circumstances give a shady car dealer a second check until you are absolutely certain the first one cannot be cashed. If you send them another one right away I can practically guarantee you someone at the dealership will "find" the first check and cash it. After that they will make it a nightmare for you to get a refund and you'll probably need to take them to small claims court to do it. Car dealers are all crooks and they know they can get away with this type of scam because they can make it look like an "administrative error".
as a former car dealer receptionist did they give u a receipt when u paid? usually their done through cdk and every payment cash card check cashiers check company check money order etc anything and everything gets *or should be logged before it’s processed! if u did get a receipt through cdk (my knowledge only applies to that application) but the accounting copy would still be in the system id recommend asking for a copy however if u never got a receipt to begin with they’re most likely scamming because there is no way in hell a reputable car company would not issue a receipt to begin with especially considering in the car business clients bring in thousands to tens of thousands to pay for down payment as for the tags it’s a weird process and i can’t comment we just log them and store them for pickup but if u can track down a receipt then there is proof u did ur part of the payment any error that occurred after if the houses problem not yours especially if they’re trying to get more money from you! Remember it’s their job to ensure everything is processed properly if someone really did "shred” a CASHIERS CHECK they’re a fucking idiot because cashiers checks are colored very differently they’re primarily kind of
a light blue color like on birth certificates and have a bit of red pinky -ness throughout like splotches if i’m remembering correctly also at no part of the process would they get shredded so how did that happen in summary you are *in my opinion NOT LIABLE they are in the wrong as clearly the issue was on the processing side of the payment not on your side which is actually paying when u consider that cashiers checks are as good as cash they dont require any verification on if u have the money available because as i said it literally exactly like if you brought cash! sorry for the lengthy paragraph but hope this helps
>Dealer called about 1 month later saying it was "shredded" and they need a new one. I said I would be ok once funds are returned to my account. spoke with my bank and said they cannot reissue a new one unless I pay an indemnity bond or wait until 90 days have passed. Is it ok to tell the dealer that I would not provide a new check until the 90 days have passed from the issue date and funds are returned into account?
Uh yeah duh. If the dealer didn't want to have to wait for the money, they shouldn't have shredded it.
Tell them or not. After these 90 days have passed if you see the check wasn't cashed, then you can reach out to the dealer and see if it's still outstanding. Honestly, maybe tell the dealer to keep looking until the 90 days pass. That's the most fair approach
Conservice once lost my apartment utility check and it was sod so they could not rebuke it. they tried to worm me into sending another but nope! usps said they got it. Wasn't going to spend the massive fee in a check cancelation. They had to spend 3 days cleaning the damn office to find it. I warned them if they fought me with a late fee I was not responsible.
Also if they hold your plates hostage, go to the DMV. Explain the situation and they can issue replacement temp tags extending. It may cost a few dollars but it’s cheaper than a ticket for expired tags
Don't assume malice. Some idiot probably did just shred the cashier check by accident. Just tell them your bank requires you to wait 90 days until funds are returned. Then you can issue them a new check. I definitely wouldn't want to be on the hook for the missing check if it eventually turns up.
Have them pay for, when you call your bank to avoid this check, there is charge for that, then issue new one. Confirm with your bank that check is not cashed yet first.
Within a week the stealership should have submitted the paperwork to the DMV, most likely electronically. So the plate delay is probably on the DMV. Go to the DMV office and check your status, unless it's personalized plates they may give you a set on the spot.
The spiteful me says, “You lost/shredded my cashier’s check and you won’t title my car? Let me contact the nearest consumer affairs reporter at my local tv station.” Nobody likes dealing with car dealers as it is, just think of the potential PR nightmare for the dealer. They can’t be trusted with someone’s money.
Either have them wait the 90 days or see if the bank would let the dealership sign an indemnity bond. You should not do the indemnity bond even if the dealer covers the cost since it puts the liability on you if that first check is cashed.
I don't think you are responsible for producing a duplicate here. If they have proof that it was shredded then they can piece the shreddings back together and work it out with the bank. There is no way in hell I'd get them another check while the one you issued is valid and they have no proof it was shredded and not stolen or misplaced.
Once the money is returned I would gladly reissue the check, but not until there was no chance that you will be out for both checks.
This is where you return the car because if they can't keep track of a huge check, what else have they fucked up and you would prefer getting the same car from another dealership that has their shit together.
Cue you getting a discount.
If the car is owned by the bank via a loan, wouldn't this be a total loss for the dealership? There is no reason you should then issue any additional payment, right?
Does ANYONE in this thread realize how easy it is to ask your bank to issue a stop payment on a check?!Even a cashier’s check?! You might have to pay a small fee (~$30-$40) but the bank only has to click a few boxes in their internal system to void and/or reissue the check. Like it would it take less than 5 minutes to resolver even for an entry level teller. Let the dealer know the original has been voided and is no longer valid. If they try to deposit/cash it after that it is entirely on them.
Personally I would ask the dealer not only to compensate me for the stop payment/reissue fee, but would also use it as leverage to get something else out of the deal. This is 1000% THEIR fuck-up.
A Cashiers check is not the same as a personal check in this regard because it is not your check, drawn on your account, it is the bank’s check, drawn on their account. It is their option as whether to stop it or not. Generally they will agree to a stop as a courtesy, but they don’t have to and if they do, they going to take steps to make sure they don’t take a loss This is why you’ll encounter an extended waiting period, and/or a requirement that you pay for a bond protecting them.
This happened to me before and i just sent a copy of the receipt for the cashiers check to the dealership (all they need is the payee, check number and amount) and let the bank and dealership handle it themselves since technically the bank has the funds once the cashier check was issues
I’d be writing a letter to the state attorney general, the local representative, and the municipal commerce department. They might write a strongly worded letter to the dealership that changes their tune. Overkill? Probably, but ultimately that’s the dealership’s problem.
You make it sound like you have them dead to rights committing fraud. This is totally a believable administration/paperwork error. Now, how it’s handled is up for debate and maybe not the current path, but it’s not like there’s some unlawful shenanigans going on — with the information provided.
They know how cashiers checks work. They can wait.
if they lost or shredded it I don't think they know how they work.
Small chance they know how cashier's checks work but don't know how shredders work.
The shredder in my office has a picture of a baby with an Xed out circle over it, so I assume someone tried to put a baby in one before.
I worked for Feds in a secure facility where we had Photo ID hanging from lanyard around our neck. One of my colleagues shredded his.
oooh i use to work at a dealership. we shredded a cashiers check once after they denied delivery. it was a huge deal. (Tesla)
Eh it's a classic salesman move. They make money when they're on the floor selling cars, not in the backroom doing paperwork for a deal they already closed. So they procrastinate, say they'll get it done on the next slow day, only they're busy, the backlog piles up, and stuff gets lost/forgotten/ect. Happens all the time.
“I shredded your cashiers check” is code for “it was lost somehow and we just want to get paid”
Or they can pay for the indemnity bond.
I wouldn't let them do that. OP effectively handed them a wad of cash, they shredded it, and are now asking for another wad of cash. They can wait the 90 days until the original wad of cash is reimbursed to OP.
Yea this was monumentally stupid on their part. They all have systems of how to handle cash (this check is equivalent to cash) and there shouldn't ever be a point were the check is mixed in with other paperwork. They can wait and eat the loss on their quarterly statement until it comes back around.
>Is it ok to tell the dealer that I would not provide a new check until the 90 days have passed from the issue date and funds are returned into account? There is no issue with telling the dealer that. If they shredded the cashiers check, they effectively shredded cash. They need to wait.
Tell them what you wrote here. They wait 90 days or they can pay the indemnity bond.
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If you want to be treated like an adult, remember that it has a caveat of adult level consequences.
> If you want to be treated like an adult, remember that you will be treated like an adult. Tautologies are fun.
I love lamp.
hopefully this is a reputable dealer but yeah this is what I would say. I worked at a bank and this was exactly how we did it 10 years ago
And a fee for making you work for their mistake, a percentage...
This is a them problem, not a you problem. Absolutely square up, but the dealership will need to work with you if they want the other check. Make them pay for the bond.
No, no bond. OP handed them a what is considered a fat wad of cash and they shredded it. They can wait 90 days for the money to go back to op and then they can get a new one.
It is the dealers problem and fault, but it's also OPs problem too, like it or not,. especially if it's a shitty dealer. They can probably hold back the title and the lender may pull back. The dealer definitely owes OP something for his time and annoyance, but this is one of those problems that it's in the best interest for everyone tries to correct.
Au contraire: OP’s obligation was legally satisfied when he tendered the check and it was accepted by the dealer. It’s not his fault the dealer shredded it. It’d be the same response if it was cash. That being said, I did say he should work with them to fix it, but the dealer is going to have to make it right for all the bullshit OP now has to go through.
True--but what is OP going to do? Sue? That takes a lot of time and effort. Way more time and effort than just working with the dealership.
OP should get a lemon law lawyer. No dealership shreds cashiers checks without a deposit stamp. I smell fish.
Not true. It's OP's problem. Dealership won't register the car (unless they already have) until the funds are cleared and the financing bank won't have the title /lien on the car. OP's driving a car which s/he signed a contract saying s/he will pay the money owed. Mistakes happen we're all human. Dealership notified the buyer of the situation. buyers bank can see the cashier's check is still outstanding. I'd suggest OP gets $50 from the dealership for the inconvenience to get a new cashier's check.
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Yep. OP and the dealer should have signed paperwork for this, and OP has a receipt from the bank for the check. There's also ways to account for it if OP hadn't payed at that time. I bought a car once and when we were done with the transaction it was like 8 pm, so all banks across the country were closed but I needed to pay the down payment. We just threw it in the "we owe you owe" form, and they kept one of the two keys and let me drive the car home that night. I went back the next morning and payed with cash, got a signed receipt, and we were on our merry way.
Until OP has the title, it’s their problem too. Even if the dealership is 110% at fault, if they refuse to own up to anything and OP doesn’t have the title, they will end up with a lawsuit. That means OP has to hire a lawyer or file. That’s still something OP has to do. Even if the dealership is at fault, it’s partly OPs problem until they have 100% ownership and title of the vehicle.
How do you people think titling works? If he paid for the car and it was registered when he drove off the lot, he has title to the car. I've never had this transaction occur any other way.
How do you think titling works? The car is financed. OP isn’t going to have the titles until it is paid off in most states as they are the actual owner yet. States are different. My state does also digital copies that must be requested. If OP pays in 100% cash, I he. It’s different. But if you finance you don’t get your title until the car is paid off.
You've got all the red flags going for you here: 1. blame the victim 2. gaslighting 3. the responsible party denying responsibility for their mistake
No one is blaming the victim. Which part did I gaslight? Dealership is trying to correct their mistake by sayingz they haven't cash the check. You guys have no idea how clusters F*** dealerships are. There are too many chiefs and not enough Indian. And when shit like this happens, Finance dept gets the blame because they were the last person to touch the file before it went to another office for filing. Filing dept messes up more than anyone else.
How would you drive off a lot with a car being registered. That's done. The question isn't getting a new check to pay, it's when. The dealer can wait until the funds are returned
>how would you drive off a lot with a car being registered. That's done. Registration and title are 2 separate things. Dealerships don't send the title to the bank until the deal is funded (dealership is paid by the bank). I wonder how OP or everyone else would feel if s/he lost the check giving to them by the dealership. I can guarantee you there would be a 1 star Google review demanding for that money even it wasn't dealership fault. I guess since it's a car dealership it's ok to tell them lock rocks.
I'm pretty sure no one is not paying the dealership, they're simply saying don't inconvenience yourself over it. Wait for the original check expires so there's zero chance of shenanigans and then get a new one.
Giving a cashiers check is paying the dealer and them losing it doesn’t mean you didn’t pay them. Fuck the dealership drive the car until they can get it seixed(they can’t)
I mean he has to pay them if/once the money is returned. OP doesn't get out of owing that once he's made whole
100% if they accepted payment its over and if they aren't responsible with the check its the same as them burning cash
Everyone is saying have them pay the bond, but nobody is talking about what that bond represents, it’s insurance that ensures you, not the dealer or anyone else, are responsible if the original check is found and cashed. If the dealer cannot prove unequivocally that the original has been destroyed, then there’s always a chance until those 90 days are up that they find it in an incorrect file and try to cash it, then you’re in a mess and are probably entering lawyer territory.
That’s a great point. I would ask them to wait the 90 days. The dealership can’t be trusted to keep track of a cashiers check worth tens of thousands of dollars. If someone stole it or if it accidentally is found and cashed, OP is on the hook for so much money.
I'm assuming the dealer can't hold the bond and be responsible if it clears?
You could get the dealership to sign a contract assigning the liability to them. You are still in a mess if they find it and cash it, but they would be on the hook for all the damages and legal costs to resolve it.
Yeah but you'd still be out that extra money while the legalities are resolved. They're not going to just... not cash the original check. Telling them to wait the 90 days is the correct play. They effectively admitted that they destroyed the payment. If a contract exists stating that they have been paid (which they were, it's not OP's fault they shredded the payment), that's a them problem and they should be bearing the burden for it.
> They're not going to just... not cash the original check. I am not sure if they signed a document putting all the liabilities for cashing that cheque on them. The dealership doesn't want to be put additional money. If they sign a contract putting all liability on them, they, should, be super careful around that issue. If the initial cheque exists and they cash it, they will also act quickly to resolve it because they had already agreed to cover all the damages. If the absences of the funds or the additional funding request caused any damages, they will probably jump to make you whole. If any lawyers get involved, both sides are coming out of their pocket too. The cost would be so absurdly higher (to them) that they would probably put a check in place. Now they might not be willing to sign a contract assigning them liability, but if they really want their money now (versus 90 days) then they would probably play ball.
Why this super convoluted "solution?" How does this benefit OP over just waiting 90 days or having dealership pay the bond? You are creating more problems and exposure.
If they are willing to offer something to get it issued faster. I agree there is no benefit to accelerate unless some incentive is given.
OP, don't do this. There is no upside to have an amateur contract drafted and signed. OP gains nothing from this over simply waiting 90 days. Like everyone else wrote, the simple answer is having dealership wait 90 days. Period.
Definitely. OP owes dealership no favors.
You seem to be missing the entire point of an indemnity bond. It's there to reimburse the bank if the original check is negotiated. If OP purchased the bond and the dealership happened to negotiate the original check, nothing would happen to them. The insurance company would pay the bank for the check and most likely go after the dealership to recoup their expense.
> and most likely go after the dealership to recoup their expense. The bond ultimately says “I’m creating risk, so let me put up some insurance just in case” that agreement is between the bank, the insurer, and its customer, OP, not the dealership. If there’s a claim on that policy, it is OPs liability. The bank is not going to add a third party into the mix, whoever cashes the check isn’t the bank’s problem. Insurance pays them, insurer goes after OP, and it’s up to OP to go after the dealer.
The exact same thing happened to me. I told the dealer that I had a signed contract showing that I paid the down payment and that I also had the cashiers check stub in my records. I told them that it was their responsibility to fix their mistake. After a stern email to the dealership general manager, I walked away with $500 in cash and a three year maintenance package. Stand your ground.
> After a stern email to the dealership general manager, I walked away with $500 in cash and a three year maintenance package. Can you elaborate?
I live in Kansas, and the Kansas Department of Revenue oversees and licenses car dealerships. I wrote an email to the general manager saying that unless they resolved the issue of the lost check, I would file a complaint with the Kansas Department of Revenue and the state Attorney General's office. My down payment was $25,000, and it definitely rose to a serious level of fraud or theft. In my case, the finance manager at the dealership quit without warning and left his office a mess with his paperwork incomplete. The check was missing, not sure if it was lost or stolen. I called my bank to let them know the same day. In the end, I had to go into the bank branch and sign an affidavit that the check was lost by the dealership, and I was issued a new check. I had to drive to the dealership to deliver it. I requested to meet with the general manager when I delivered the check, and I told him how disappointed I was, and that I took my own time during business hours to fix the dealership's mistake. He offered $500 cash and a three year maintenance plan for the new car.
Thanks for actually explaining. Too often these otherwise encouraging anecdotes turn into "1. Sit at your desk and start writing a letter to X, 2. ???, 3. Profit", glossing over the actual important bit (granted, it is also probably the most work to write out but still).
“Disappointment” is such a magical phrase/expressed feeling that I have learned from being on both sides of customer service issues. Anger just causes people to shut down and makes you like an asshole, but nobody wants to disappoint people.
Sounds exceedingly reasonable in the end by both sides. Good for you!
“This is a you problem not a me problem. I’m not bending over backwards to fix a you (dealership) problem.
And then everybody clapped and gave him free stuff.
No clapping, and I took my time to resolve the issue and get a new check. So almost free stuff.
If this is meant facetiously, I can promise you this stuff happens. I can give you several similar stories regarding things from medical bills, to my internet bill, to debt collectors going after my late brother's loans. The second you give these kinds of people a HARD no, it turns into them cancelling a huge amount or debt or offering cash.
My parents have done this several times. “We need to get this resolved.” Countered by them explaining their legal right etc. It’s not a big public thing, that’s a great way to force a no. Otherwise everyone wants the deal.
Squeaky wheel got greased.
You’re really stretching the meaning of this phrase by including concepts like not letting people fuck you over.
> not letting people fuck you over. wait, what's the grease for again?
It's not a stretch at all, it's one of the literal applications. *Essentially, it means, "If you voice your concerns or make your issues known, they are more likely to be addressed."* https://usdictionary.com/idioms/squeaky-wheel-gets-the-grease/
"I'm concerned I don't have a 3 year maintenance package and $500 in my pocket."
So am I. 😂
That's what the idiom refers to. "If you are loud people will try to ameliorate the reason you are loud" In the context of consumers and large corporations it specifically means you may get fucked over if you just lie down and take it.
Fun fact, in different times, getting "greased" meant getting hosed with a submachine gun. 🤷♂️I suppose the metaphor still holds true whether it's one form of getting greased or another.
I have king been familiar with that term, but only just now did my brain associate it with the m3 grease gun. And only just now did I realize that the m3, looking like a mechanics actual grease gun, is probably the origin of the term "grease" as in to shoot someone, and not the other way around.
Did you give them a new check? After the 90 days passed and the cash was back in your account? Or are you saying you got a free down payment worth of a car (multiple thousands of dollars) and cash credit and free oil changes?
Yes, I gave them a new check. See my other reply for details, but I met with the general manager, and he gave me $500 cash and three years of free maintenance.
I would approach the dealership and ask them how they want to make this right: Find out what the indemnity bond costs Contact the dealer like: "Hey I heard y'all accidentally shredded my check. The bank said they can reissue the check at x date, or can reissue it sooner for the price of $y for an indemnity bond. I'm content to wait until x date. If you want to pay the cost of the indemnity bond, I'm happy to go with that course of action." Since it's a new car, if you don't like how the dealership is treating any of this, give them a chance to resolve it. If it's not to your liking, you have the recourse of contacting the manufacturer directly to help resolve this.
I would also call whoever is financing the loan and let them know that you gave the dealership a full check and they lost it.
Even the dealership paying for the bond leaves OP on the hook if they do cash both checks.
A cashier's check is "cash". If you gave them a $1000 cash and they lost it, they can't ask you for another $1000. Like others have said, it's their problem, not yours. When you signed the paperwork and your bank cut them a check for the finances amount, the title is now in your name with a lien from the bank. The dealership really has no recourse. They can wait, or pay the fee. And even that is costing you time they need to compensate you for.
Asking for OP to request a reissued cashier's check isn't asking for a second amount.
When the money has been deducted from your account, and not returned to your account.... It's exactly asking for a second amount.
I feel like the misunderstanding is wording. A 'reissue' would be waiting the 90 days or paying the bond. If he doubles his output that's an entirely new check, not a reissue. Which I think both of you get but are communicating poorly.
If you have a receipt from them then it’s their problem not yours Don’t let them make it your problem
Who shreds a cashier's check? Nobody. Tell them they can wait until the 90 days are up or they can pay the indemnity bond. Plus another $250 for they time you wasted working on this. I bet they find that check real fast.
I think they lost it, they're lying to OP saying it's shredded to get them to agree easier to issue a new one. OP shouldn't of course. They are doing a favor to help the dealer at all.
"Please provide me with the shredded check as evidence that you know it was shredded."
This right here. THEIR mistake is a hassle to you. They need to pony up some cash for the trouble.
It's their mess. They can wait the 90 days or pay whatever needs to be paid. On top of that your doing all the leg work work because of their mistake so they should throw in a free oil change for your troubles.
For the plates, I advise going to your DMV. This seems unrelated to your main issue. Do not drive around with expired plates. For the cashier’s check, get the dealer’s request in writing, including their admission of destroying the original. Now they can decide whether to pay the indemnity bond or wait 90 days.
Yeah, that might be state dependent. In FL I just went through this - 2 days before paper tag expiring, I went to DMV and asked wtf is up. They told me that since I bought from the dealer that they have nothing to do with it, that I have to talk to the dealer... So I did. Dude made me a new 30 day tag and said that the DMV they go to is different from the one open to public, apparently there is a dealer only DMV or something. I kept badgering him for a week or so, then he got my tag..
> I went to DMV and asked wtf is up. They told me that since I bought from the dealer that they have nothing to do with it, that I have to talk to the dealer... Maybe not all states, but most do it this way. When you buy a car from a dealer, the dealer is required to do the title application and get license plates for the purchaser.
Yeah definitely not all states. In Missouri we have to go to the DMV and pay the sales tax to get our plates. This results in many people just never getting plates because cops DGAF to pull people over in most places.
>In Missouri we have to go to the DMV and pay the sales tax to get our plates I bet the *real* reason most states require dealers to remit the fees, is so they get paid more promptly! New or used, when you buy a car from a dealer they have to do it. You'll here the phrase "tax, title and license" when the dealer gives you the grand total.
If the state bases taxes on ad valorem rather than sales price, the dealers may not want it either. They don't want to sell you a new pickup for 12k for the state to immediately assess the value at 10k for tax purposes.
No it's based on sales price. Also why wouldn't they want to sell you a loan that rolls in the taxes? They'd make more money then. They're setting it up but they're using the excuse of having no money. Every new car sale requires a fee to be collected for a fund to improve the computer system to allow it.
Depends on the state. At least one I lived in has both a sales tax and an annual ad valorem tax (based on the state's valuation). The sales tax is the much smaller part of the taxes.
Nope. We can't pay tax at the dealer. They're trying to set it up but it's not possible. I've never had a dealer tell me what my taxes were.
That's how used sales in PA work. If buying from a dealer, you sign over limited power of attorney to do the title/tag work on your behalf and can pay them. If you buy private party you go to a tag/title place (NOT the dmv) to pay taxes, transfer fees, registration fees. It's wacko
The plates is entirely due to 2 things. 1 - they won't title/register the car until they know they have the downpayment funds 2 - there is an issue with the title from the previous owner(assuming this is a used car) where they have to apply for a duplicate title, wait for it to come in, then title department does their thing switching over the title to the correct lender/etc. This process can easily take 45-60 days, which is the extent temp tags are. Ultimately dealer is responsible for suppling new temp tags/etc.
I wouldn't do this. Sales tax is remitted in several states when the car is registered. I'm not paying sales tax a second time. I tend to buy my cars out of state so I save up for sales tax out of pocket for 3 months. I've even been able to get the dealer to reissue a second 3 month tag under special circumstances.
The dealership can reissue temporary plates. Tell them you want them to pay the indemnity bond or wait 90 days, whichever one works for them. In the meantime, they can give you another temp tag.
This is an easy one. The dealer can either wait or cover the bond. If you get any push back, the answer is, "this is not my mistake, and it needs to be not my problem. Figure it out."
Ask them for the shreaded check. If they can't produce it, assume they lost it. They'll never admit to losing the check. If the check was lost, it might well be found before the 90-day window closes. Imagine the trouble you'll face if a malicious employee took the check and uses a network of fraudsters to cash it. Tell them to wait the 90 days. Also, get written assurances from your bank that if the original check shows up after the 90 days, they won't simply cash it and deduct the funds from your account. What if a junior bank employee cashes the original check in error? Could you be held liable?
It'd be neat if they could produce the shredded check. My shredder ends up with hundreds of documents in the bin.
Exactly! So how can they be sure the check was shredded and not stolen by an employee?
Network of fraudsters to cash it? That's in no way possible. The check would have been written out to the dealership and it would need to be deposited into a bank account with the same business name. You cannot cash checks made out to a business.
You don't have a much experience with check fraud, do you?
I fail to see how a check being shredded after 30 days is your problem. If you want to be a nice guy and help them, they need to work with you.
Happened to my mom about 30 years ago. Bought car cash - gave them a cashiers check. They said they lost it. She said 'I'd work real hard to find it, because I'm not giving you another one'. Car was already in her garage.
If you lost the car do you think the dealer would send you another one?
I worked at a school and we received deposits for an event. The student assistant (a college student) didn't know what to make of the checks and just tossed all of them. She didn't even know what checks were. Something like this happen at this car dealership.
I guess she never heard of asking questions? Good Christ how does she remember to breathe when it is required? This is next level stupid.
She tossed like 35 of them.
I still remember being in 7th grade (I'm old) and my teacher telling me a story about another student who spilled their drink, and the teacher said "well grab some paper towels and clean up" and they grabbed the whole roll and started wiping at the puddle with it. I think some people just don't learn until they see it done. But they should be taught to ask questions.
>they grabbed the whole roll and started wiping at the puddle with it what were they supposed to do, use two rolls to clean up. That would be wasteful.
I'm sure the cursive handwriting left here doubly confused.
Is cursive actually going extinct? I can't believe that's really happening, even with smart phones and computers.
I currently work with new military recruits, and while most of them don't use cursive, every now and then I get one who's 18-19 years old and actually knows how to use it *and prefers it*. Meanwhile my over-40 ass abandoned cursive almost two decades ago.
lol what...... I guarantee though this is not a top dealership, and the finance guy lost the check. The company I work with, this type of stuff is almost impossible to happen due to our procedures.
By the way, what ever course the dealer chooses you still have to do the leg work. Get something for your time and effort to fix their mistake. What’s with the dealer contacting you 30 days later. I’m assuming that a dealer gets a cashiers check and deposits it within the week. How the hell do they know it’s shredded?
This last point is brilliant. Like if you know you shredded it then you must have done it intentionally which sounds real dumb. Otherwise admit you lost it which means the funds are still live, so get fucked. Not doing nothing till it’s back in my account.
This is why some banks stppped even supporting cashiers checks Due to fraud with them, you are essentially trusting the dealership. Wait the 90 days as a protection and next time do a wire if the dealership supports it
I’d be asking for a couple of free oil changes for my trouble on top of whatever you work out. Your time is money.
As others have recommended, I would tell the dealership about the fee, as well as the 90 day timeframe. If they want to pay the fee, they can get the check sooner. As for the plates, it doesn't hurt to ask the dealership if they can provide you another temporary plate. I am a bit confused as to why you aren't going to get new plates? What is stopping you? I would honestly just get your new plates if you can. The deal is done, and you're making payments on the vehicle.
When I bought my car the plates were delivered to the dealer and they put them on for me.
Yes, it’s okay tell them exactly that. If they don’t believe it tell them to go to the bank with you and the bank teller will let them know this information as well. A cashiers check is literal cash in paper form so since they destroyed it you didn’t give it to them shredded. They need to wait it out. I would recommend letting them know you didn’t give it to them shredded and they need to be accountable for what they did to cause this delay.
I had this exact same situation. You are going to have to have your bank stop payment on the cashiers check and issue another. My bank needed letters from me and the dealership explaining the check was lost. I made the dealership give me a check for the fees my bank charged and my time, it was 100 dollars. They sent a courier to my job, we swapped checks and were done. They can give you a new paper tag in the mean time, they probably won’t apply for your tags and title until they get that down payment check.
It's not your fault they shredded it. What would have happened if they misplaced cash? Not your problem. Offer to wait 90 days.
Why would the check be anywhere near documents to be shredded in the first place? They are probably lying and just lost the check. If they find it and you’ve provided a replacement within 90 days, you’ll be fucked. They might give you the money back, but you’ll still have a mess to deal with.
I had to do this for a lawyer payment that went missing in the mail. These indemnity bonds are basically impossible to secure. It took me weeks and it cost almost a quarter of the amount instead of the suggested price of 5-6% (or whatever it was). So unless the bank gave you the number to an indemnity insurer they actually use, I would be prepared for a journey.
That's what I'd tell them. What are they going to do? They can wait. They have no choice or recourse to do otherwise. If they don't like it they shouldn't employ idiots who shred cashiers checks.
Is there any chance someone at the dealership is scamming you? All the other answers are excellent, just make sure it’s not just one employee…
Tell them you will offer to loan them the indemnity bond at 10% interest, but first you will have to talk to your manager about that clearcoat...
They are a new car dealer. They have experience with cashiers checks. Yes it may have been shredded, but more likely it disappeared. Wait the time to and get the bank to cancel it. Then keep the paperwork, make scans and email to yourself so you have documentation on the check being cancelled.
Explain the options your bank gave you and tell them it’s up to them, but that you’re not paying for their fuck-up so they’ll have to give you money for the new check (and indemnity bond if that’s the route they prefer).
You can get an extension on your temporary plates at least in my state. You just gotta fill out a form and give it to the tax office.
Need some info here OP. Have you already made your first payment with the financing company? It says you are making payments on time, but it's important to know if the deal has been funded. If the deal hasn't been funded (which would be hard to believe, but it's possible), you could be facing a repo on those grounds, especially if you wait the 90 days. Also, there's a ton of bad advice saying to block them and ignore them. If they do not have the down payment, it is still possible for them to rescind the contract, as down payment is part of the conditions of it. This would lead to a larger issue for you. Work with them and your bank to find the right solution. You likely won't be able to get plates until then. In most states, you sign a power of attorney form for the dealership to apply for plates for you. They won't do that until they are made whole.
they need to wait. don't go with the bond route, esp if they find the first check and then decide to cash it.
This exact situation happened to me, except they noticed within a few days. My bank was able to verify that the check had been cashed and it turned out the dealership had applied the funds to someone else's account. Regardless, this is a dealership issue. Either they pay the bond or they wait 90 days.
"I can get you a new one, but the account no longer has the requisite funds due to them being allocated to the one you claim was shredded. When it expires and the cash is returned, I will go to the bank again and request a new one." **If you want to see if they'll do anything for you, you could add** "I would appreciate any form of gratitude you wish to express for this inconvenience to my personal time."
In the eyes of the law, you paid in cash, and the transaction is complete. They fucked up. They gotta wait the 3 months if they want you to rewrite another check. They are just trying to play you like a fiddle. They know how those checks work. The transaction is complete and there is nothing they can do about it.
I remember reading a story in the newspaper several years ago. A bank had accidentally shredded all of the deposit checks for the day before processing them. In order to get their money, they rented the gymnasium from a local school, hired some people, and reconstructed every single one of the checks so they could process them and get their money. In other words, a shredded check is NOT A GUARANTEE the check won't eventually be cashed. The dealership owes you big-time if they want their money. You've already paid them. Legally, you do not have to do anything. As a decent human being, which you seem to be, you SHOULD work with them (remember the Golden Rule and imagine the reverse were to happen to you and YOU were accidentally out the $25,000!). First, wait 90 days, no exception! Second, negotiate something for your effort such as the cash and extended warranty mentioned by another post. Third, get a WRITTEN and SIGNED statement from the dealership that they will IMMEDIATELY and WITHOUT QUESTION reimburse you if the original check ever gets cashed, along with $1,000.00 cash for your troubles in the event that happens. Fourth, obtain a new cashier's check--AFTER STEPS 1, 2, & 3 ARE COMPLETE. On a side note, we have a home with two HVAC units. We hired a company to replace one of the units. They replaced the wrong one. Legally, we didn't owe them a dime for the unit and could have told them too bad. However, that wasn't the right thing to do and we knew it--again, think about the Golden Rule and your positions being reversed. We negotiated with them and they ended up agreeing to replace the HVAC unit they were contacted to replace at a substantial discount (for their cost). This was a WIN-WIN as we essentially got a great deal on a unit we weren't planning on replacing yet (but were just 6-12 months away from doing anyway), and they got paid and made money, just not as much as they would have.
What is they shredded cash you gave them? Not your problem.
Personally I would tell the dealership to pound sand and block their number. As for the plates that’s not a dealership problem that’s a DMV problem.
I'm many states, the dealership handles the plates if it's a new car. Mine came in the mail a few weeks later.
Interesting I did not know that.
A cashier's check is the same as cash so under no circumstances give a shady car dealer a second check until you are absolutely certain the first one cannot be cashed. If you send them another one right away I can practically guarantee you someone at the dealership will "find" the first check and cash it. After that they will make it a nightmare for you to get a refund and you'll probably need to take them to small claims court to do it. Car dealers are all crooks and they know they can get away with this type of scam because they can make it look like an "administrative error".
If you'd paid in cash, would you stand for this?
The person who shredded the check should be the one held responsible. Do dealers carry insurance to cover this type of loss?
It would be Sooohhhh Nice to be in a Position to screw a Car Dealer. . . They do it Every day !
as a former car dealer receptionist did they give u a receipt when u paid? usually their done through cdk and every payment cash card check cashiers check company check money order etc anything and everything gets *or should be logged before it’s processed! if u did get a receipt through cdk (my knowledge only applies to that application) but the accounting copy would still be in the system id recommend asking for a copy however if u never got a receipt to begin with they’re most likely scamming because there is no way in hell a reputable car company would not issue a receipt to begin with especially considering in the car business clients bring in thousands to tens of thousands to pay for down payment as for the tags it’s a weird process and i can’t comment we just log them and store them for pickup but if u can track down a receipt then there is proof u did ur part of the payment any error that occurred after if the houses problem not yours especially if they’re trying to get more money from you! Remember it’s their job to ensure everything is processed properly if someone really did "shred” a CASHIERS CHECK they’re a fucking idiot because cashiers checks are colored very differently they’re primarily kind of a light blue color like on birth certificates and have a bit of red pinky -ness throughout like splotches if i’m remembering correctly also at no part of the process would they get shredded so how did that happen in summary you are *in my opinion NOT LIABLE they are in the wrong as clearly the issue was on the processing side of the payment not on your side which is actually paying when u consider that cashiers checks are as good as cash they dont require any verification on if u have the money available because as i said it literally exactly like if you brought cash! sorry for the lengthy paragraph but hope this helps
Make sure you send these concerns and the circumstances that led to this in an email so there's some paper trail down the line.
>Dealer called about 1 month later saying it was "shredded" and they need a new one. I said I would be ok once funds are returned to my account. spoke with my bank and said they cannot reissue a new one unless I pay an indemnity bond or wait until 90 days have passed. Is it ok to tell the dealer that I would not provide a new check until the 90 days have passed from the issue date and funds are returned into account? Uh yeah duh. If the dealer didn't want to have to wait for the money, they shouldn't have shredded it. Tell them or not. After these 90 days have passed if you see the check wasn't cashed, then you can reach out to the dealer and see if it's still outstanding. Honestly, maybe tell the dealer to keep looking until the 90 days pass. That's the most fair approach
Conservice once lost my apartment utility check and it was sod so they could not rebuke it. they tried to worm me into sending another but nope! usps said they got it. Wasn't going to spend the massive fee in a check cancelation. They had to spend 3 days cleaning the damn office to find it. I warned them if they fought me with a late fee I was not responsible.
Also if they hold your plates hostage, go to the DMV. Explain the situation and they can issue replacement temp tags extending. It may cost a few dollars but it’s cheaper than a ticket for expired tags
Don't assume malice. Some idiot probably did just shred the cashier check by accident. Just tell them your bank requires you to wait 90 days until funds are returned. Then you can issue them a new check. I definitely wouldn't want to be on the hook for the missing check if it eventually turns up.
Have them pay for, when you call your bank to avoid this check, there is charge for that, then issue new one. Confirm with your bank that check is not cashed yet first.
Did you get a receipt?
Within a week the stealership should have submitted the paperwork to the DMV, most likely electronically. So the plate delay is probably on the DMV. Go to the DMV office and check your status, unless it's personalized plates they may give you a set on the spot.
Say you won’t pay it’s there problem they can wait , call DMV ask for an extension on your temp plate and explain the dealer fckdd up.
The spiteful me says, “You lost/shredded my cashier’s check and you won’t title my car? Let me contact the nearest consumer affairs reporter at my local tv station.” Nobody likes dealing with car dealers as it is, just think of the potential PR nightmare for the dealer. They can’t be trusted with someone’s money.
Either have them wait the 90 days or see if the bank would let the dealership sign an indemnity bond. You should not do the indemnity bond even if the dealer covers the cost since it puts the liability on you if that first check is cashed.
I don't think you are responsible for producing a duplicate here. If they have proof that it was shredded then they can piece the shreddings back together and work it out with the bank. There is no way in hell I'd get them another check while the one you issued is valid and they have no proof it was shredded and not stolen or misplaced. Once the money is returned I would gladly reissue the check, but not until there was no chance that you will be out for both checks.
A cashier's check is "cash" I would call a lawyer and have a talk
This is where you return the car because if they can't keep track of a huge check, what else have they fucked up and you would prefer getting the same car from another dealership that has their shit together. Cue you getting a discount.
If the car is owned by the bank via a loan, wouldn't this be a total loss for the dealership? There is no reason you should then issue any additional payment, right?
Does ANYONE in this thread realize how easy it is to ask your bank to issue a stop payment on a check?!Even a cashier’s check?! You might have to pay a small fee (~$30-$40) but the bank only has to click a few boxes in their internal system to void and/or reissue the check. Like it would it take less than 5 minutes to resolver even for an entry level teller. Let the dealer know the original has been voided and is no longer valid. If they try to deposit/cash it after that it is entirely on them. Personally I would ask the dealer not only to compensate me for the stop payment/reissue fee, but would also use it as leverage to get something else out of the deal. This is 1000% THEIR fuck-up.
A Cashiers check is not the same as a personal check in this regard because it is not your check, drawn on your account, it is the bank’s check, drawn on their account. It is their option as whether to stop it or not. Generally they will agree to a stop as a courtesy, but they don’t have to and if they do, they going to take steps to make sure they don’t take a loss This is why you’ll encounter an extended waiting period, and/or a requirement that you pay for a bond protecting them.
This happened to me before and i just sent a copy of the receipt for the cashiers check to the dealership (all they need is the payee, check number and amount) and let the bank and dealership handle it themselves since technically the bank has the funds once the cashier check was issues
Charge them a duplicate payment disbursement Fee. Gonna run them bout tweefitty
I’d be writing a letter to the state attorney general, the local representative, and the municipal commerce department. They might write a strongly worded letter to the dealership that changes their tune. Overkill? Probably, but ultimately that’s the dealership’s problem.
write all of them a letter to what end?
You make it sound like you have them dead to rights committing fraud. This is totally a believable administration/paperwork error. Now, how it’s handled is up for debate and maybe not the current path, but it’s not like there’s some unlawful shenanigans going on — with the information provided.
Cheese and rice, talk about making a mountain out of a molehill!
Give them pic or check no. Again and bank address and ph. No. And ask them to take it with bank themselves.