Should I return the 6-cyl outback I bought a month ago?

[patch45]

I bought a 6-cyl '02 Outback with 132k miles on it for $4970 plus taxes a month ago. The independent dealer I bought it from still hasn't gotten the title, though he told me the people who needed to send it to him told him it is in the mail and should arrive Monday.

Here's the kicker: CO law requires the dealer to provide the title within 30 days of purchase, and Monday will be 31 days, which essentially means I can return the car and get my money back. And then buy a car with better gas mileage and maybe a lower odometer reading if I don't pay the Colorado Subaru premium (I had a bit of buyers remorse after driving off the lot). The downside is going through the hassle of car shopping again.

What would you do?

[nexus]

The biggest question is why do you need this vehicle? There's a MMM article* where he explains that most people buy way too much car. There's another article that explains how AWD is not safer than two wheel drive also. 132k miles on a car is a lot in my opinion. I'd definitely return that sucker and get something that might better suit your lifestyle, have fewer miles, and get better mpg.

*
http://www.mrmoneymustache.com/2012/09/04/its-never-too-late-to-ditch-your-gas-guzzler/
http://www.mrmoneymustache.com/2011/05/02/car-strategies-to-cut-your-costs-in-four-or-more/  -- This is the one about having too much 'car'
http://www.mrmoneymustache.com/2011/12/08/turning-a-little-car-into-a-big-one/
http://www.mrmoneymustache.com/2012/03/19/top-10-cars-for-smart-people/
http://www.mrmoneymustache.com/2014/12/01/all-wheel-drive-does-not-make-you-safer/ -- All wheel drive article, which I'm assuming your Subaru has

Just go to the forum and type 'car' into the search bar and there's a plethora of good stuff out there to read.

[canyonrider]

What I would not do is use the dealer's technical noncompliance with the 30-day law as an excuse to return the car and assuage your buyer's remorse, especially as the dealer appears to be making a good faith effort to get you the title. If you don't like the car, wait until you have the title and then sell it.

And as an aside, don't be so quick to think that you could immediately return the car and get a refund even if the seller doesn't get you the title. Although that might be the ultimate outcome, I always thought you needed to file a complaint with the Division of Revenue, which would then seek to address the problem with the dealer.

[patch45]

I read those articles after it seemed like I may never get the title. Which pushed me further along the path to a Honda Fit type vehicle

That's fair to say I shouldn't take advantage of a technicality however I feel like he hasn't been completely honest a with me throughout the process, from this title business to other mechanical stuff with the car. Not saying two wrongs make a right but he led me to believe he would have the title 2 weeks ago, which brings down my guilt slightly I guess

[patch45]

So a little update: The title in fact did not come, leading me further to the belief that this guy is lying to me and hoping the title shows up one of these days. I called him tonight, and he told me he wanted to charge me for the miles I put on it. I said that doesn't seem fair since I put less than 100 on a car with 132k miles, and asked him what I should charge for the $5k loan I gave him? And should I kiss the $25 dollars I paid for emissions (state law requires seller to pay that) and the $70 I paid him to replace a wheel bearing goodbye?

Any advice for what seems like might be a slightly antagonistic negotiation here? I think even he is giving up on waiting for the title, so I imagine he will just push back on the amount he refunds as much as he feels possible. If I felt he were being honest with me this whole time, I wouldn't be nearly so intent on getting every dollar back, but at this point it's really the principle of the matter

[Eric]

So a little update: The title in fact did not come, leading me further to the belief that this guy is lying to me and hoping the title shows up one of these days. I called him tonight, and he told me he wanted to charge me for the miles I put on it. I said that doesn't seem fair since I put less than 100 on a car with 132k miles, and asked him what I should charge for the $5k loan I gave him? And should I kiss the $25 dollars I paid for emissions (state law requires seller to pay that) and the $70 I paid him to replace a wheel bearing goodbye?

Any advice for what seems like might be a slightly antagonistic negotiation here? I think even he is giving up on waiting for the title, so I imagine he will just push back on the amount he refunds as much as he feels possible. If I felt he were being honest with me this whole time, I wouldn't be nearly so intent on getting every dollar back, but at this point it's really the principle of the matter

I wouldn't settle for anything less than a complete refund.  I certainly wouldn't pay for a wheel bearing on a car that he is (presumably) going to be able to sell in the future for $70 more because of your payment.  If you can't come to an agreement, there's always small claims court.  Considering that it's him that's in non-compliance here, you've got a pretty damn good case.

[Syonyk]

Yeah, this is what small claims court is for.

You have a solid case, assuming you have documentation.  There is the risk that you may not get your money back, but I assume a local small claims court can make life a pain in the ass for a dealer.

Not having the title for a car they sold you is a load of crap.  Regardless of what excuses they make.

[patch45]

Thanks for the replies! I think I will first try to just reason with him. Barring that, file a complaint with the Auto Industry Division Investigations branch. If that doesn't work, small claims court it will be. The great thing about this situation is that thanks in part to MMM, I'm not in immediate need of this money, which means I can sacrifice quickness in getting my refund so that I can get the full amount. I imagine others who are shopping with this guy are not so lucky.

Another interesting tidbit I found: The paperwork that I signed when I bought the car has an odometer reading 100 miles less than what was reported on a receipt for alignment dated 4 hours before I signed said paperwork. Pretty minor on such an old car, but I'm pretty sure misreporting an odometer reading is also illegal in CO.

[Paul der Krake]

Sketchy af. So many red flags. Stick to your guns and return it.