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Comments
You didn't get anything for free, you're not entitled to a lower price, and if I was the sales manager in this situation, at the very moment you hesitated to return and recontract, I'd repossess the car.
Then, I'd fire the moron who made the mistake, unless it was me, and then I'd just walk into a brick wall repeatedly until I felt properly beaten.
but, contract law is contract law - it doesn't matter what is signed if both parties didn't intend the factors of the contract to be what they ended up to be.
Now, as a buyer, when you go to a place of business and agree to a price, you have to honor your agreement - it's the seller that gets the benefit of the doubt.
One factor to think about here - perhaps numbers were transposed incorrectly from a deal worksheet to a more formal write-up sheet before they were fed into the computer to generate all the forms, I don't know.
What I DO know, however, is that this customer's initials or signature is SOMEWHERE on a worksheet agreeing to the price the vehicle should have sold at - we can discuss it all we want, but that worksheet, and those initials or signature is whet the judge and jury would see, in addition to someone trying to take advanatge of someone's else's mistake.
Like Terry brought up a bit ago...what if the tables were turned? That customer would have already called the BBB, the ACLU, the local police, the state police and the national guard to make sure the contract was corrected.
Duncan
"You must be joking. Be a man and give them more money, No way."
You're merely satisfying the balance of the total dollar amount that was agreed upon by YOU and the dealership.
X is the agreed upon price
X-2000 is the mistaken/incorrect price .
X-2000+2000= X, which just so happens to be the agreed upon price.
So how is that "giving them more money"?
It is a classic "put the shoe on the other foot". I guess that shoe doesn't fit, LOL.
until i actually report for work, im not getting too excited...i know how this business works. ;-)
At least that's how I see it unless I'm missing something.
That reminds me, Craig, do you have any Lithia stores in your neck of the woods yet? I know they're in Spokane and Vancouver (WA) - just wondering...
Thinking about a rehire since Spokane is only 40 miles from my wife's parent's place in Idaho...
We are the largest dealer in the state and we are family owned. They treat us like family.
It's now just a Honda store since Isuzu is all but gone, Suzuki became a stand-alone, and VW moved in with BMW.
but im geeked right now. i have been a little burned out from pounding the pavement, so the timing is perfect.
assuming there is no worksheet, how can they prove otherwise?
They put their signature on the contract too, as did our foobar555.
FYI, I purchased a car last year. There was no worksheet. he had his numbers and I had mine. When we reached an agreement, he typed out the contract and we both signed it.
Note: Doesn't the signature indicate that you are IN AGREEMENT? how can you turn around and disagree later on?
Foobar555 is lucky and the saleperson is not only unlucky, but also needs to learn. That is all I can say.
edit:
if the starting price is $2k lower, then Foobar555 is really lucky, but if the bottom line does not add up to the total of all individual items, then you will have to redo the contract.
the worksheet is something that is put into every deal at every dealership ive worked. it will also be in every deal when i am a sales manager, not only to keep customers honest, but to catch mistakes that i will inevitably make as well.
Foobar knew what price he agreed to and the contract needs to be redone using the correct numbers.
Plain and simple!
And the contracted price was $2,000 lower, by an admitted mistake?
"Mr Consumer, you've breached your verbal, binding contract, and you owe $2,000"
Next case!!
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Like I said, if I was the sales manager and this guy hesitated a split second, I'd pop the car, no questions asked - come get your trade, see ya, bye!
I go to court in automotive legal cases as a primary function of my job, and most cases are black and white - consumers go in half-cocked, following their neighbor's advice - you know, the plumber who has bought some cars and is the neighborhood "car guy"?
These folks get laid away and get socked for THOUSANDS in fees...
Word to the wise - only follow advice from someone qualified to give it!
My question is this a legal agreement or can we buy a car from another dealer ???
Thanks
Interesting concept .. the dealer is spending their time, phone calls and energy trying to find "you" a vehicle ~ and you feel they are "dicking you around", and a Pilot no less ...
Terry.
Want to start that whole process over somewhere else?
Is this " Retail order for Motor Vehicle Form" a sales agreement or not ??? I put no downpayment down, just the value of the trade-in...
Thanks
Car_man
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1. Price of car: $20,000
2. tax: $1200
3. Downpayment: 0
============================
4. Total: $21,200
============================
and the verbally agreed upon Total price of the car was $23,200.
When the judge asks me the question
"What price did u agree to?"
I would say "miLord....i verbally agreed to $23,200" IF and ONLY if I was a complete moron.
my real answer would be:
" We verbally agreed to $21,200"
any rebuttals?
I would never do a deal without a worksheet, first, and if it ever happened, the salesman would be fired - just for reasons like the one you're describing.
I'm not in the 'industry' or anything. I'm only saying, as one human to another, do the right thing. Either buy the vehicle for the agreed price or don't buy it at all. But don't try to take advantage of somebody's mistake. That's just not right.
I guess for some people it doesn't matter.
Sad....
Hear that sound in the background.? ~ "beeeep beeeep beeeep" ~ .. thats the sound of the dealers tow truck backing up to hook it .. I'm sure by this time, that Chikoo understands that the dealer doesn't have a cashable contract - and they're there to pick up "their" property ...........................
Terry.
I will come to the dealership and tow MY car back to my home.
YOU call a tow truck company to have a car towed from a car lot? Good luck.
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When the President of USA can say
" I did not have sex with that woman" what happened to "perjury" ?
Perjury is a concept like God. Only the ones who believe in it, fear it. for the others, it doesn't make any sense.
what if I can hire one?
or what if a friend has one?
or what if I have one?
Anyway, NOBODY apparently has any idea of supporting the hypothesis that the dealer can tow my car away. Looks like an urban legend to me....created by salespeople to frighten the customers.
I guess for some people it doesn't matter.
Sad.... <<<<
I would love to buy a car from you. I will know that I am not bieng fleeced. But when the perception is that salespeople fleece "honest" people without any second thougts, why should I have any?
regards,
kyfdx
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and before you say "but i would be paying cash"...
if you write a check for a mistake that the dealer made, they just dont cash the check. therefore, the car isnt paid for, and you are in possession of property that is not yours.
after a reasonable amount of time, it can be reported as stolen.
or if you refuse to return it...
or if you take it from the dealer's lot.
have fun with your 5-10 in the pen.
I wouldn't want to sell you a car...sorry.
I would be afraid I might make a paperwork error.
You've shown your colors.
M.
Perhaps someone can answer it.
Until that contract is "cashable", there IS NO CAR DEAL. The car doesn't belong to you. I canbtake it back as easy as I want, because legally, we haven't completed the "deal", so there is no "contract", so the car isn't "yours", it's "mine". And if you don't bring it back and correct the problem, I'll take your car. Period.
All of the liberal ideas about "what about my rights and my feelings" are not a concern when you're rolling $25,000 worth of sheetmetal that doesn't legally belong to you.
If you don't return the car under this scenario, it is theft, and you can be prosecuted.
Automotive contract law is my specialty - if the contract isn't agreeable by both parties, you don't have a contract.
Now, if the dealer didn't catch the mistake for 6 months, that's their problem for being bad at math and not double-checking their contracts for accuarcy.
This scenario was caught during the "double check for accuracy" stage.
the point made was that if a dealer makes a mistake on the contract, they have every right to disallow the deal at any point BEFORE they cash the contract or check. once they cash it, then the deal is done.
but if they havent cashed the contract or check, then the vehicle is not paid for in full, and still belongs to the dealer.
I write a check for the deal on a friday evening.
Take the car on a joy ride.
first thing monday morning, I give the car back to the dealer since the check has not been "cashed".
will that work?
I'd hope that someone who was slimy enough to pull that one WOULD leave the car with me, since I'd make sure that contract got funded and the lender was immediately notified of a "first payment default". We'd have our money, and that car would be gone to auction so fast it'd make your head spin - in fact, I'd put it in with my weekly auction transport load to help the lender slam you.
Have fun dealing with that repo on your credit, buddy...
and if you wrote me a check, i would have you arrested for grand theft by deception, since your checks are probably not good anyway.