ORLANDO, Fla — Under Florida law, car dealerships are supposed to pay off trade-in balances within 10 business days, but it doesn’t appear that happened for Oliver Mendoza.
When Mendoza bought a car from Benji Auto Sales on Orange Blossom Trail in Orlando in April, he traded in his Tesla Model Y, but he now believes buying a car there was a big mistake.
Benji Auto Sales is a dealership Action 9 has warned consumers about before.
Last month, Action 9 walked into Benji Auto Sales and said, “We received a consumer complaint about you guys not paying off a trade-in loan.” An employee replied, “Let me check and get the manager.” But a manager wouldn’t come out to address the issue.
At that time, Action 9 was trying to get answers for Cody Alexander, who said the dealership didn’t pay off his trade-in until Action 9 started asking questions.
Alexander said, “You can do the math there. It adds up really fast when you’re making two car payments that you’re not expecting to make.”
Gordon Hartz said the same thing happened to him in 2023. At that time, Hartz said, “It’s untenable to me. And I don’t understand how somebody can go to work, know that they are doing this to people and live with themselves.”
He was stuck making two payments until Benji finally paid off his trade-in.
Now Action 9 is hearing similar claims from Mendoza. He said when he would call Benji Auto Sales about not paying off his trade-in, he would get the runaround.
Just like the others, he said Benji missed the 10-day payoff requirement and his bank then blamed him for missing at least four payments.
Mendoza showed the Action 9 team he received a repossession notice, and his credit score in now in the toilet. He said it was in the mid-700s and is now showing 565.
Orlando attorney Cynthia Conlin said, “I think their best remedy in a situation like this would be to contact the DMV because the DMV can move in fairly quickly.”
Conlin said the Florida Department of Highway Safety and Motor Vehicles can fine dealerships or even suspend their license. She noted consumers can also sue for things like breach of contract and unfair or deceptive trade practices.
“And not paying off a loan would be unfair,” Conlin said.
When the Action 9 team showed up at Benji Auto Sales’ Orlando location to ask about Mendoza’s case, it found the gates locked and all the cars gone. The dealership appears to be shut down.
A friend helped push Benji Auto Sales to pay off Mendoza’s trade-in, but he claims Benji Auto Sales’ check didn’t go through.
Even if the check does eventually clear, after fourth months, the damage to Oliver Mendoza’s credit is already done. Mendoza was in the process of buying a house, but now that process has stopped because his credit score has dropped so low.
Mendoza moved to the United States from Spain a little over a year ago to coach soccer. He said he expected businesses in the U.S. would do the right thing and said he didn’t realize he was missing the payments.
Action 9 reached out to the Benji Auto Sales office in South Florida for answers. So far, it hasn’t responded.
Until the loan is paid, customers are on the hook, and it could hurt their credit if they don’t make payments like it did for Mendoza. The car could also get repossessed, which would be another mark on their credit history.
It’s important to check a company’s history and keep all of your documentation. When trading in a vehicle with an outstanding loan, make sure the dealer does their part and that the loan is properly paid.
If there are any issues, you can file a complaint with the Florida Department of Highway Safety and Motor Vehicles. That’s the agency that regulates auto dealers.
The Office of Financial Regulation also encourages all financial services customers who suspect questionable practices to submit a complaint, either online or by calling 850-487-9687.
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