DARCARS Complaints and Sales Commission Charge
If you have DARCARS complaints or were charged a DARCARS Sales Commission Charge by a Maryland DARCARS car dealer, you have legal rights and may be able to recover compensation. Specifically, if you were charged a DARCARS Sales Commission Charge, you may be able to recover the Sales Commission Fee, tax and interest charges on that amount.
Maryland law restricts the fees that car dealers can charge consumers in addition to the advertised price. Maryland law does not specify a Sales Commission as an acceptable fee for dealers to charge in addition to the advertised price.
Even so, many Maryland DARCARS dealers charge their customers a 2% DARCARS Sales Commission.
DARCARS has many dealerships in Maryland, including DARCARS Volvo, DARCARS Ford, DARCARS Volkswagen, DARCARS Nissan, DARCARS Kia, DARCARS Lexus, DARCARS Toyota and DARCARS Chrysler Dodge Jeep Ram. All DARCARS car dealers in Maryland are required to follow Maryland law. DARCARS denies allegations that the Sales Commission Charge is improper.
Whitney, LLP’s DARCARS complaints lawyers have experience filing lawsuits and bringing claims against DARCARS involving the 2% Sales Commission Charge and other claims.
Consumer car buyers in Maryland have legal rights and may be able to pursue a variety of claims and recover compensation when a dealer is found to have violated Maryland law.
DARCARS Complaints and Sales Commission Charged
Most consumers who purchase vehicles from DARCARS sign a Buyer’s Order.
The purpose of the Buyer’s Order is to itemize all of the fees and charges in connection with the purchase of the Vehicle. A Buyer’s Order is different that the finance contract, which states the interest APR%, amount financed, total finance charges and monthly payment and loan term.
This document is a Buyer’s Order that one of Whitney, LLP’s clients signed while purchasing a car from DARCARS:
On this DARCARS Buyer’s Order, and many others that Whitney, LLP has reviewed, DARCARS charges a 2% DARCARS Sales Commission.
However, as discussed below, Maryland law does not identify a Sales Commission as a charge that dealers may charge in addition to the advertised price.
Nonetheless, multiple DARCARS dealers charge the Sales Commission fee.
How DARCARS Defines the 2% DARCARS Sales Commission
According to DARCARS’ own Buyer’s Order, DARCARS admittedly charges an additional Sales Commission fee in addition to the advertised price of its vehicles:
“The Sales Commission Charge collected on a new or used vehicle sale is an amount that partially offsets the commission and other compensation amounts paid to sales consultants, managers, and support staff in conjunction with activities leading up to and including the sale of the vehicle. The Sales Commission Charge does not cover administrative services, including but not limited to, complying with federal law or state privacy laws, documents and/or record retaining, title document filing, lien release obtainment, title and/or license plate obtainment, or preparation of written documentation of the transaction.”
The effect appears to be that DARCARS is charging its customers a fee to make the customer pay for at least some of the commission earned by DARCARS’ employees on the sale of the vehicle.
Maryland Law Limits the Fees Car Dealers May Charge Above Advertised Price
One of the benefits to consumers of Maryland law is that consumers should be able to expect that the price that is advertised is actually the price they will be able to pay, with a limited number of fees on top.
However, when dealers add additional fees other than the allowed fees under Maryland law, customers may be deceived as to what the actual, real price of the vehicle will be, and cannot adequately or accurately comparison shop due to fees that are only sprung on them once they enter the dealership.
Maryland law is very clear as to what fees dealers can charge in addition to the advertised price.
In addition to the advertised price, Maryland car dealers can add only:
- Title and Registration fees;
- Properly disclosed freight charge; and
- Properly disclosed Dealer Processing Fee of no more than $500.
- DARCARS Sales Commission is not on the list.
Maryland Law on Car Dealer Advertising and Fees
Maryland law sets forth specific laws that licensed car dealers must comply with, including laws as to advertising vehicles for sale at Md. Code Ann. Transp. § 15-313, as follows:
(a) Deceptive advertising. — A dealer or an agent or employee of a dealer may not use any advertisement that is in any way false, deceptive, or misleading.
(b) Advertising vehicles without intent to sell as advertised. — A dealer or an agent or employee of a dealer may not by any means advertise or offer to the public any vehicle without intent to sell it as advertised or offered.
(c) Statement of purchase price. –
- A dealer or an agent or employee of a dealer:
- May not state the purchase price of a vehicle in an advertisement unless the price is the full delivered purchase price of the vehicle, excluding only taxes, title fees, and any freight or dealer processing charge disclosed in accordance with § 15-311.1 of this subtitle.
What this means is that, per Maryland law, dealers may add only four categories of fees on top of the advertised price. Those 4 categories of fees are:
- title and registration fees;
- property disclosed freight charge; and
- properly disclosed dealer processing fee of no more than $500.
Consumers who purchase a vehicle in Maryland and believe they were treated unfairly have legal protection through a variety of laws, including but not limited to the Maryland Consumer Protection Act, which prohibits merchants from engaging in unfair, abusive or deceptive trade practices. The Consumer Protection Act allows for the recovery of economic damages, emotional distress and the consumer’s attorney’s fees.
Whitney, LLP has represented multiple clients in a variety of claims against DARCARS who believed they were taken advantage of and treated unfairly.
Whitney, LLP has represented clients in allegations they were improperly charged the DARCARS Sales Commission Charge, including against the following DARCARS dealers:
- DARCARS of Frederick, Inc., aka DARCARS Toyota;
- DARCARS of Bowie, Inc. t/a DARCARS Honda; and
- DARCARS of Cherry Hill Road, Inc. d/b/a DARCARS Toyota.
Whitney, LLP’s attorneys have successfully represented hundreds of consumers in claims against dozens of Maryland car dealers.
Attorneys for DARCARS Complaints – Whitney, LLP
If you have DARCARS complaints or were charged a Sales Commission Commission when purchasing your vehicle from DARCARS, believe you were treated unfairly, or have questions about your transaction or representations that were made, call Whitney, LLP.
Whitney, LLP’s attorneys have significant experience representing Maryland consumer car buyers in claims against new and used car dealers, including in litigation and arbitration, on a wide variety of claims.
Read about Whitney, LLP’s blogs about some of our past car dealer cases and results.
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If you think you were charged treated unfairly in a car deal, contact Whitney, LLP for a Free Case Evaluation.