Last November I bought a new 07 XLS Outie which I love a lot. It came with a Mitsubishi $500 rebate (among other deals) which was taken off the price of the car at purchase. A few weeks later in December I get a check in the mail from Mitsubishi for $500! There wasn't any real information on what the check was for and I didn't make the connection that was one of the rebates that I qualified for so I just said "cool" and cashed it.

Now over a month later (late Jan) I get a call from the dealer who tells me that the check was supposed to go to them and not me and he wants me to writea check for $500 to them! If I got notice sooner, then it wouldn't be a big deal but now at this stage of the game I don't have $500 just to give away.

Shouldn't this be an issue between my dealer and Mistubishi? I'm sorry that there was an error but I feel like I shouldn't have to pay out of pocket now due to their error since it's been so long since I deposited the check.

 

You should not have to pay them the error was made by mitsubishi and the dealer should call them and deal directly with themthat what I think you should not have to pay for there error !

 

Not only that, but the whole thing rings like one of those money scams that circulates through the Internet... "I need you to cash this check, then write another check to send to me". If you're on the edge, deal with mitsubishi (or whoever sent you the check in the first place), rather than the dealer. If you refund the money at all, it should be directly to the check issuer, NOT the dealer. Otherwise the paper trail gets too complicated if further problems come up.

 

I agree, I would tell the dealer to ask Mitsubishi for the $500, and if Mitsubishi wants the money that they sent to you by mistake, it's up toMitsubishi to ask you for it back. At that point I'm not sure if you need to give it all back.
I had an insurance company over pay for some treatment a while back, they sent me a letter saying that they had send me $300 by mistake, I decided to ignor it and wait to see what they would do next. I figured worst case they would deduct it from my next claim. It's been 5 years, I have made many claims since, they have paid them all and never asked for the $300 again.

 

It would depend on your purchase agreement. If the dealer had you sign that all rebates go to the dealer directly(it would be a signature or initial on the sales agreement), then the only party that can request that money back is Mitsu corp. If you didn't sign the rebates direct to the dealer, unfortunately you are responsible to give the money to the dealer.

You were happy enough with the original deal to buy the vehicle. talk to them about repayment if you're cash strapped at the moment. Maybe they can give you a deal on accessories or service or something.

Unfortunately, errors in your favor, unless agreed upon in writing, are still errors. If a bank moved money into your account and you spent it, wouldn't get you out of repaying it. Legally and "morally", i suppose, you should take the high road on this one. Why risk a hit on your credit rating when they send it to collections.

 

Was the check made out to you (in your name)? If yes and you didn't sign anything that said you owed the dealer anything, then I would say it's their tough luck and they need to contact Mitsubishi.

The only thing that might make it a negative is trying to ever get goodservice at that dealer.

I purchased my Outtie and then found out about an auto show discount of $500. The dealer included the $500 in my purchase price and i went to the auto show 2 days later and broughtthe dealer the form for the $500 rebate. If they come back later and try to tell me that Mitsubishi didn't pay them the $500, I'm certainly not liable for it. The contract says nothing about what rebates/incentives they gave me, it just lists the $2500 in that column. The burden of proof is on them.

Good luck with this one bro.

 

Jazar,
Here's another thought if you are in the market for accessories. Tell the dealer you are sorry for Mitsubishi's mistake, but it's not your fault so why should you be punished. Then tell them you'llpay them $500 in exchange for some accessories at a discount. That way they make back a little of the lost funds and you get to upgrade your ride at a discount price.

The dealer can easily absorb $500, but this way its a win/win situation and you don't have to find another place for service.

Just a thought.

 

I would read all my paper work and go over the billing section. Go over any discounts and make sure its not in writting. If you find nothing at all tell the dealer you thought that was the deal made at the time and you were going to recieve a 500$ check.

 

I agree with TCP. If a bank accidentally put $500 in your account and you spent it, they have the right to take it back or get payment from you. If the dealer gave you the $500 rebate as money off the price of the car and Mitsu send you the check, then you owe the dealer the $500. If you don't pay it back the dealer can send it to collection and jack your credit. Not only that, you can forget about going back to that dealer for anything...

 

I don't think that the dealer can send it for collection, the check was from Mitsubishi to the buyer, Mitsubishi might be able to do it if they ask for the money and you turn them down.

I think the paper trial needs to be clear, this is a bit off the wall, but what if the IRS audited you, you would probably have to pay income tax on the $500 "Gift"that you gave back to the dealer.