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Discussion Starter · #1 · (Edited)
Ok, I'll try to give the summary of my saga...
I bought an 05 Elise (clean Carfax) from a dealership at the beginning of Dec 08. Paid in full with a cashier's check at the time of purchase. As part of the "deal" they were going to store it for me in during the winter or until I had a garage lined up. So, I never took the car home.
Within a week of the purchase, the previous owner contacted me here on the forums, and informed me that the odometer had been replaced twice on this vehicle, and that there were other issues with the car. I immediately contacted the dealership and told them the information I had discovered, and told them that I wanted to unwind the deal. I also got verification from the Lotus USA warranty manager that indeed the odo was replaced once for sure under warranty. The other time was not, I guess.
After 4 months of giving me the run around, during which time, the title never came in the mail, I was finally given a "refund" check. Well.....it bounced!!
This dealership, which has several locations in the area, and sells Bentley, Aston Martin, Porsche, Lambo, Bugatti, etc, is entirely shady and completely criminal. They are apparently under new ownership, but the new owners tell me that they have nothing to do with this other, criminal CEO guy; the only person that I have been told that I can deal with during this whole time. They say that a lot of people are looking to get their money from him, but moreso like deposit $; not THE FULL AMOUNT OF AN ELISE. He won't answer/return my calls.
No title, no car, and no money. Perfect.
Of course, I have an attorney involved. We are proceeding w/ a formal lawsuit, and naming the parent company and specific dealerships, as well as this criminal CEO guy individually. I heard that this company may be bankrupt (hence the new ownership?). I don't know where they/he have their money, but it's certainly not in the company account from which they wrote the check to me. It's clear that they're in the wrong by every account; no question. I have been robbed. I'm just afraid that I will come up empty handed in court because so many people have pending litigation against him, or that it will take f-o-r-e-v-e-r.
To top it off, I just tonight saw this car, same VIN#, listed on Autotrader in another state.
Help!!!! Any ideas or other avenues I can take in this situation?
Please no "should haves" I just need to know what else I can do now.
Sorry so long. Thanks a lot!
 

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as long as you have the cashiers check stub, they can go back and see when and who cashed it...Even bankruptcy cant save him at that point,But it will be a while ,but youll do fine...Your attorney will know what to do
 

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If you have the bill of sale and it preceeds the new owners bill of sale the car is yours. Contact the state police in the state it is in, file a stolen vehicle report, demand they impound the car until the matter is sorted out, you do not need the title to do this, be insistant, go up the ladder, go to the DA in that state, etc. If he sold the car twice (or more) it's criminal, if your lawyer only does civil he may not realize all the actions that are at your disposal. Fraud pierces the corporate veil, and you may go after this CEO guy personally, both civil and criminal.
 

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stolen auto.

Immediately report it stolen. At the very least you should get your car. So what, If the odo is wrong. All of the odo's are wrong. They all show more mileage than they really have.

Now we need the name of the thief.
And the VIN of the stolen car.
 

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I agree with the other posts, you own the car until you receive a refund. Since the car has crossed state lines you may need to contact the FBI. You may want to contact the seller (in writing) of the car and inform him you have a bill of sale for that vehicle and your putting him on notice.

It will be expensive to recover your money. Even if you win in court you still have to collect the money. Get the car any way you can. Go look at the car and take it for a test drive.........and just dont come back. Better still, have a repo guy do it for you.

Sorry for your problems and I hope it works out.

Ewen.
 

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Discussion Starter · #9 ·
Thanks for the info.
I am in Chicago. The car is for sale at a dealership in Virginia Beach.
The CEO is Joe Abbas. Once I realized that they were shady, I did more searching about him and Luxury Motors/Bentley Downers Grove (IL). I see that there are a lot of complaints about them.
I will talk to the attorney today, and see what he recommends.
I don't want that car specifically because it has almost double the mileage and, more importantly, major oil-loss issues after professional installment of an aftermarket supercharger and possible electrical issues, per the previous owner on here who was kind enough to disclose this info to me (his trials and tribulations are documented here on the forums).
He said if I did keep the car, it would cost me a lot more money and headaches to try to resolve those issues.
Regardless, I have paid for the car and have all the paperwork, so it's mine. Having that car would be better than nothing, but I couldn't even drive it without registration and title. I couldn't sell it then, either. -Nightmare-
I probably won't be back on here until this evening.
 

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Good luck.

I think that your best bet is not to panic, think about what your goals are (Get your money back first, if that's not going to happen get the car?), and discuss the options with your attorney. Hopefully you can do something to keep the car from bouncing around the country while this is all sorted out.
 

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So why didn't you just buy a car at FVMC? You are in Chicago and they always have used Lotus cars in stock from the Elise through Cup cars.
 

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. Having that car would be better than nothing, but I couldn't even drive it without registration and title. I couldn't sell it then, either.
I don't know about your state, but in CA with a bill of sale, you can drive it for a while, or how else would anyone buy used cars and drive off with them while waiting for the new title to come in the mail. (If the car is in your hands obviously the law considers you to have clear title, and once you submit the paperwork, you can drive it AND even sell it before you actually receive title as long as you disclose the conditions of the sale.) Also, if the new owners are the ones that sold the car last, they are liable to you no matter what they say (recieving stolen goods).
 

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I don't know where to start.... These scam are very common, specially now with the state of the economy. These people know that a lawyer will cost you more than the car is worth. I say drop the lawyer and sell the rights to 20/20 you should break even...
 

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I wish you the best of luck. If this situation is anything similar to Vik at Lambo OC, you may not get your car or money back. Lamborghinis are being seized at dealerships when they come in for service if their VINs match one of the bulk he undersold. These are cars that were fully paid for by the buyers and already delivered. There's a few thread on here about the whole mess, but here's the synopsis. Jalopnik - Lamborghini Orange County Owner To Plead Guilty On Fraud Charges - Lamborghini Orange County
 

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I'm just afraid that I will come up empty handed in court because so many people have pending litigation against him, or that it will take f-o-r-e-v-e-r.
That's how the GM Shareholders and Bondholders are feeling right about now.
 

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Sorry for what you are going through but it is an important lesson for others. Never pay for something and not take delivery.
 

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I feel sorry for whats happening to you. Looks like you will not get your money back on top of all the hassles you have to go through. My mother always says that one bad luck will bring you one good one.
 
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