BOISE, Idaho — It is hard to understand why asking the right questions does not always lead to good answers. In the case of one Boise car dealership, a lack of answers has left customers and their banks demanding a refund.
A class-action lawsuit alleges ByrdDawg Motors sold cars to more than 30 people without providing titles.
Idahoan Hunter Allen claims he is the latest victim of the complicated used car scam, telling KTVB the dealership took thousands of dollars from him and his bank.
"It's a mess," Allen said. "Everybody is pointing fingers. No solutions."
Allen wants solutions regarding a 2016 Infiniti Q50 specifically. He found the vehicle to be just right for driving in the Gem State, and purchased it in June 2022.
"Nice car, all-wheel drive. It was gonna be perfect for the winter," Allen said.
Allen took out a $20,000 loan from Idaho Central Credit Union to take it home on the same day. However, it did not last long.
"I mean, I’ve been without a vehicle for six months and paying for one," Allen said.
ByrdDawg Motors sold him the car, but Allen said the dealership never gave him or Idaho Central Credit Union (ICCU) the title. Normally, ByrdDawg would have signed the title over to ICCU during or shortly after the sale.
"My bank came looking a month later," Allen said. "'Where’s the title at?'"
It turns out, another bank owns the title. Farm Bureau Financial Services holds an outstanding lien on the Infiniti. FBFS repossessed it in September 2022.
The surprising development left Allen with a legal obligation to pay off a car loan for a car he does not have.
"I spend all this money on the interest and the $20,000 and I don’t get a title," Allen said. "ICCU doesn’t have a title for me. I don’t get a car."
Court documents show ByrdDawg's insurance company is suing the dealership. The lawsuit names 34 people who may be in the same position as Allen, and the insurance company does not want to pay any of them.
The insurance bond is worth $20,000. Allen's share of the payout would only be a few hundred dollars.
Shane Bengoechea, Allen's attorney, told KTVB the legal fees required to fight the insurance company are not worth it, "because there is such a small amount."
"One reason I took the case, I realized it wasn’t a mess he had gotten himself into," Bengoechea said. "It was somebody else’s mess he ended up getting into."
Bengoechea tried to work with Allen's bank – ICCU – and Farm Bureau Insurance, which owns the title. He said the easiest solution is for one of the banks to waive its lien and voluntarily forfeit the car.
However, the potential solution has been a tough sell.
"Farm Bureau has the title," Bengoechea said. "They’re like, 'well, too bad so sad for you. We’ve got the title to the car.'"
A 2004 case in Kootenai County District Court shows a similar situation, ruling the original lien holder must forfeit the title. But district court decisions hold no legal precedent in another district, so there is no way to know for certain if Allen's case would be successful.
"So, the only way he can resolve this is to go through litigation," Bengoechea said. "The thing is, by the time he goes through litigation, he’s gonna spend more than the car."
Allen said he doesn't want "anything to do with the car," since the Infiniti has already "switched hands and been repossessed."
"The loan needs to go," Allen said.
Court documents show the State of Idaho filed a lawsuit against ByrdDawg's owner, Adam Bain, in March 2022 for a "vehicle dealer lien satisfaction violation."
Bain failed to appear at his most recent court date in September 2022. Public records show the judge ordered a warrant for his arrest two days later.
ByrdDawg Motors was originally located on the corner of Curtis Road and Overland Road in Boise. On that site today is a business called On the Spot Auto Detail.
On the Spot has no relation to Adam Bain, but the new owner told KTVB that people are coming to the location upset, looking for Bain with ByrdDawg.
According to Bengoechea, finding Bain does not solve Allen's problem either.
"He’s not gonna be able to pay it back unless he wins the lottery or something," Bengoechea said. "I don’t know how he is gonna pay it back. That’s why I tell people if you’re going for somebody, you need to think about if they take out bankruptcy, if they don’t have any assets. You may get a judgment that is worth nothing."
The Idaho Transportation Department (ITD) stripped ByrdDawg Motors of its dealership license in July 2022.
"I will say that there are multiple complaints filed against this dealer, about vehicles they couldn’t get the titles for," ITD spokesperson Ellen Mattila said.
ITD recommends Gem State residents check the status of the car title they are interested in buying to protect themselves. Idahoans can run the VIN on the transportation department's website to see if there is an outstanding lien.
In the case of the 2016 Infiniti Q50, ITD clearly shows the car is owned by a bank, despite the sale application from ByrdDawg Motors saying otherwise.
The situation has gotten the attention of the Better Business Bureau and its chief innovation officer, Dale Dixon.
"We have a notice up there, 'Hey, be aware if you’re trying to do business here.' Please do your research. Know the business. Start at BBB.org, look at the business profile. See what the business is doing with other customers," Dixon said. "We do an in-depth vetting of every business on that website to make sure it is appropriately licensed and it’s giving customers a good experience."
Bengoechea said the research was ICCU's responsibility.
"Who goes in to buy a car and thinks when they go to purchase the car, when they get a loan, their lender isn’t protecting them somehow," Bengoechea asked.
Allen told KTVB his loan officer was new, and he "didn't know all the things about getting a loan."
At the very least, it is advice for Allen moving forward. However, it is too little, too late.
"Yeah, been fighting it ever since," Allen said.
Allen said his bank is charging more on his payments because he does not hold insurance on the car he does not own. Allen has stopped making car payments in response, which is hurting his credit.
The loan officers at ICCU and Farm Bureau did not return KTVB's calls.
Idaho Attorney General Raúl Labrador responded to KTVB with the following statement:
“My office has opened an investigation into ByrdDawg Motors. While we do not comment on ongoing cases, protecting consumers is one of our top priorities. I will not tolerate deceptive business practices. Businesses operating in this state need to act with integrity, and if found to be conducting business in bad faith, the perpetrator will face the full force of the law.”
The AG's Office also shared advice for people like Allen in statement sent to KTVB:
"If a consumer called our office and reported similar allegations that are highlighted, we would recommend that the consumer: (a) file a complaint with our office, (b) file a complaint with ITD if the dealer is a licensee, (c) file a complaint with the BBB, (d) file a complaint with the Internet Crime Complaint Center (if the consumer purchased the car through the internet from a spoofed dealer website), and (e) consult with a private attorney about his legal rights and options (for example, the consumer may be able to make a claim against the dealer’s bond or the Idaho Consumer Asset Recovery Fund (ICAR Fund; see Idaho Code 49-1608B))."
Idahoans can also fill out a consumer complaint and request for investigation through the Idaho Transportation Department by clicking here. A list of approved and active Idaho dealers can be viewed here.
Watch more Local News:
See the latest news from around the Treasure Valley and the Gem State in our YouTube playlist: